d-9.1.1 - Act respecting the Director of Criminal and Penal Prosecutions

Updated to 1 October 2006

This document has official status.

chapter D-9.1.1

Act respecting the Director of Criminal and Penal Prosecutions

CHAPTER I CREATION OF OFFICE OF DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS AND APPOINTMENT OF DIRECTOR

2. On the recommendation of the Minister of Justice, the Government appoints the Director from among advocates with at least ten years’ practice. The person recommended must be chosen from a list of persons declared qualified to hold the office by the selection committee formed for that purpose.

2005, c. 34, s. 2.

3. During the year that precedes the end of the Director’s term or as soon as the office becomes vacant, the Minister publishes a notice inviting the members of Québec’s legal community to apply for the office of Director or to propose the name of a person they consider qualified to hold that office, in accordance with the procedure the Minister determines.

The Minister also forms a selection committee. The committee is made up of the Deputy Minister of Justice and four other members including an advocate recommended by the Bâtonnier of the Province of Québec, a professor of law recommended by the deans of Québec’s law faculties, a person recommended by bodies representing the municipal sector and a person chosen by the Minister from among persons active in crime victims support organizations.

The committee promptly evaluates the candidates’ aptitude on the basis of their knowledge, particularly in criminal and penal law, their experience and their qualifications, according to the criteria determined by government regulation. Without delay, the committee presents to the Minister a report in which it lists the candidates it has met whom it considers qualified to hold the office of Director. All information and documents regarding the candidates and the proceedings of the committee are confidential.

The members of the committee receive no remuneration except in the cases and on the conditions that may be determined by the Government. They are, however, entitled to the reimbursement of expenses to the extent determined by the Government.

2005, c. 34, s. 3.

In the first paragraph, the following words are not in force: “During the year that precedes the end of the Director’s term or as soon as the office becomes vacant, ” (2005, c. 34, s. 95; Order in Council 237-2006 dated 29 March 2006, (2006) 138 G.O. 2, 1230).

5. On the recommendation of the Minister of Justice, the Government appoints a Deputy Director from among criminal and penal prosecuting attorneys with at least ten years’ practice as advocates. The Government also determines the length of the Deputy Director’s term, which may not be shorter than five years nor longer than seven.

The person recommended must be chosen from a list of persons declared qualified to hold the office by a selection committee formed for that purpose and made up of the Deputy Minister of Justice, a person recommended by the Bâtonnier of the Province of Québec and the Director, following the issue of a notice inviting criminal and penal prosecuting attorneys to apply.

The Deputy Director may resign at any time by giving written notice to the Director. At the expiry of the term, the Deputy Director remains in office until replaced.

2005, c. 34, s. 5.

This section has been in force since 1 February 2006 solely for the purpose of permitting the application of the rules that relate to the selection and appointment of a Deputy Director of Criminal and Penal Prosecutions. Order in Council 53-2006 dated 1 February 2006, (2006) 138 G.O. 2, 977.

CHAPTER V AMENDING, TRANSITIONAL AND FINAL PROVISIONS

89. Despite sections 2 and 4, the associate deputy minister for public prosecutions at the Ministère de la Justice in office on (insert the date preceding the date of coming into force of this section) becomes the Director of Criminal and Penal Prosecutions and acts as such until 1 January 2008 or, after that date, until a Director is appointed in accordance with this Act.

2005, c. 34, s. 89.

This section has been in force since 1 February 2006 solely for the purpose of permitting the application of the rules that relate to the selection and appointment of a Deputy Director of Criminal and Penal Prosecutions. Order in Council 53-2006 dated 1 February 2006, (2006) 138 G.O. 2, 977.

90. An Attorney General’s prosecutor appointed under section 1 of the Act respecting Attorney General’s prosecutors (chapter S-35) in office on (insert the date preceding the date of coming into force of this section) is deemed to have been appointed a criminal and penal prosecuting attorney under section 25 of this Act.

Not in force

A person authorized under paragraph b.1 of section 4 of the Act respecting the Ministère de la Justice (chapter M-19) is deemed authorized under section 16 of this Act.

Not in force

A person designated under section 9 of the Act respecting Attorney General’s prosecutors is deemed designated under section 28 of this Act.

2005, c. 34, s. 90.

The first paragraph of this section has been in force since 1 February 2006 solely for the purpose of permitting the application of the rules that relate to the selection and appointment of a Deputy Director of Criminal and Penal Prosecutions. Order in Council 53-2006 dated 1 February 2006, (2006) 138 G.O. 2, 977.

95. (Omitted).

2005, c. 34, s. 95.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 34 of the statutes of 2005, in force on 1 March 2006, is repealed, except section 95, effective from the coming into force of chapter D-9.1.1 of the Revised Statutes.