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

Section 24.1 Disposition versions

2018-02-14

24.1. Despite any incompatible provision, if the Director considers that the public interest allows it in the context of a cooperation agreement with a witness in a case referred to the Director, the Director may, in relation to facts that are the subject of a statement by the witness concerning that case or a similar case, terminate

(1)  with regard to the witness, any civil proceeding instituted by a public body, before the judgment in first instance is rendered on the merits of the dispute;

(2)  the hearing of a complaint against the witness before the disciplinary council of a professional order; or

(3)  any measure taken in relation to the witness for the purposes of a fiscal law within the meaning of section 1 of the Tax Administration Act (chapter A-6.002) if that measure precedes the issue of an assessment or a determination under such a law or, in the case of an assessment or a determination that has already been issued, if the time limit for objecting to the assessment or determination or for bringing an appeal has not expired or a judgment has not been rendered by the Court of Québec with respect to the assessment or determination.

Before entering into a cooperation agreement to terminate the hearing of a complaint filed before the disciplinary council of a professional order, the Director, if able to do so without revealing the identity of the witness or interfering with an ongoing police investigation, consults the syndic of the professional order concerned and takes into account the syndic’s opinion on the effects of such an agreement on the protection of the public and the importance of maintaining public trust in the members of the order.

For the purposes of this chapter, “public body” means a body described in section 4 or 7 of the Act respecting contracting by public bodies (chapter C-65.1) or a municipal body within the meaning of section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1).

2018, c. 1, s. 43.