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

À jour au 15 février 2009

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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

1. This Act creates the office of Director of Criminal and Penal Prosecutions.

Under the general authority of the Minister of Justice and Attorney General, the Director directs all criminal and penal prosecutions in Québec on behalf of the State. The Director exercises the functions conferred on the Director of Criminal and Penal Prosecutions by this Act, with the independence provided for in this Act.

The Director is by virtue of office “Deputy Attorney General” for criminal and penal prosecutions. The Director is also the lawful deputy of the Attorney General of Québec within the meaning of the Criminal Code, as are the prosecutors under the Director’s authority.

2005, c. 34, s. 1.

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.

4. The Director is appointed for a non-renewable seven-year term. At the expiry of the term, the Director remains in office until replaced. The Director may resign at any time by giving written notice to the Minister of Justice.

2005, c. 34, s. 4.

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.

6. The Director and the Deputy Director cannot be dismissed or suspended without remuneration by the Government except for cause, on the recommendation of the Minister after receiving a report from the Commission de la fonction publique. The suspension may not exceed three months.

In an urgent situation requiring prompt intervention, or in a presumed case of serious fault, the Minister may provisionally relieve the Director or the Deputy Director from their duties with remuneration.

2005, c. 34, s. 6.

7. The Government determines the remuneration, employment benefits and other conditions of employment of the Director and the Deputy Director on the recommendation of the Minister of Justice; their remuneration, once set, cannot be reduced.

2005, c. 34, s. 7.

8. Before entering office, the Director and the Deputy Director take the oath provided in Schedule 1 before the chief judge of the Court of Québec.

2005, c. 34, s. 8.

9. The Director defines the duties of the Deputy Director. If the Director is absent or unable to act or if the position of Director is vacant, the Deputy Director replaces the Director.

If the Deputy Director is absent or unable to act, the Government appoints a person to replace the Deputy Director for as long as the latter is absent or unable to act, and determines the person’s remuneration. The replacement may not exceed six months.

2005, c. 34, s. 9.

10. The Director and the Deputy Director must exercise their functions on a full-time basis.

They may not engage in any partisan political activity.

2005, c. 34, s. 10.

11. An act, document or writing is binding on or may be attributed to the Director only if it is signed by the Director or by the Deputy Director or, to the extent provided in the delegation of signature instrument, by a member of the Director’s personnel. The delegation instrument must be published in the Gazette officielle du Québec but takes effect upon its signing by the Director.

In any civil or penal proceedings, any document purporting to be signed by the Director or Deputy Director is evidence of its contents and of the capacity of the signatory, in the absence of proof to the contrary.

2005, c. 34, s. 11.

12. The Director is the chief executive officer of an agency.

The head office of the Director is in the territory of Ville de Québec. A notice of the location of the head office is published in the Gazette officielle du Québec.

2005, c. 34, s. 12.

CHAPTER II FUNCTIONS AND POWERS OF DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS

13. The Director has the following functions:

(1)  to act as prosecutor in proceedings under the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46), the Youth Criminal Justice Act (Statutes of Canada, 2002, chapter 1) or any other federal Act or rule of law in respect of which the Attorney General of Québec has the authority to act as prosecutor;

(2)  to act as prosecutor in proceedings under the Code of Penal Procedure (chapter C-25.1).

The Director also exercises any other function appropriate to the Director’s mission, including authorizing a prosecution, instituting an appeal and intervening in proceedings to which the Director is not a party if, in the Director’s opinion, it is required in the interests of justice. Finally, the Director exercises any other function conferred on the Director by the Attorney General or the Minister of Justice.

2005, c. 34, s. 13.

14. When seized of a case, the Director carries out on behalf of the Attorney General the responsibilities conferred on the latter by the Act respecting the forfeiture, administration and appropriation of proceeds and instruments of unlawful activity (chapter C-52.2) regarding the custody and management of property seized, restrained or forfeited pursuant to federal legislation. The Director also carries out the responsibilities conferred on the Attorney General by that Act regarding the disposition of such property, to the extent specified by the Attorney General.

Subject to the rules set out in an order of seizure or restraint, the Director, in carrying out these responsibilities, acts as administrator of the property of others entrusted with full administration; however, the Director must comply with any directions given by the Minister of Justice or the Attorney General as beneficiary of the administration, regarding such matters as the intervals at which remittance of the sums administered by the Director must be made to the Minister of Justice or Attorney General, and rendering of account by the Director.

2005, c. 34, s. 14; 2007, c. 34, s. 32.

15. The Director must

(1)  inform the Attorney General, as soon as possible, of any appeal brought before the Supreme Court of Canada and of any appeal brought before the Court of Appeal when the appeal raises questions of general interest beyond the scope of those usually raised in criminal and penal prosecutions;

(2)  inform the Attorney General, as soon as possible, of any case that could raise questions of general interest or require the intervention of the Minister of Justice or Attorney General; and

(3)  when constitutional questions are raised before the courts, see to it that the provisions of articles 95 and 95.1 of the Code of Civil Procedure (chapter C-25) are respected.

The Director must also, in criminal and penal proceedings, take the measures needed to ensure that the legitimate interests of crime victims are taken into account and that witnesses are respected and protected.

2005, c. 34, s. 15.

16. The Director may delegate to one or more persons under the Director’s authority a function essential to the carrying out of the Director’s responsibilities; these persons act under the Director’s supervision.

However, the Director may not delegate the powers of the Deputy Attorney General under the Criminal Code, which powers may be exercised by the Deputy Director when replacing the Director.

2005, c. 34, s. 16.

17. The Director may participate in the inquiries held by a coroner or fire investigation commissioner and by a person vested with the powers of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37) at their request. The Director may also intervene on the Director’s own initiative.

2005, c. 34, s. 17.

18. The Director issues instructions with respect to criminal and penal prosecutions for the benefit of the prosecutors under the Director’s authority. The instructions must incorporate the policies and measures established by the Minister of Justice, and the Director ensures that they are accessible to the public.

These instructions apply, with the necessary modifications determined after taking into account the opinion of designated prosecutors, including municipalities, to any attorney acting for the prosecution in criminal or penal proceedings, including before municipal courts. The Director publishes a notice in the Gazette officielle du Québec indicating the date as of which an instruction applies to one or more designated prosecutors. Subsequently, if the Director must intervene in criminal or penal proceedings because the instructions were not complied with, the prosecutor concerned must assume the costs.

The Director supervises proceedings instituted by private prosecutors and, if the interests of justice so require, acts as advisor, intervenes, conducts the proceedings or terminates them.

2005, c. 34, s. 18.

19. At the request of the Attorney General, the Director provides expertise on the administration of the Acts within the Director’s jurisdiction, in particular by issuing advisory opinions.

The Director may submit recommendations to the Attorney General regarding the administration of those Acts.

2005, c. 34, s. 19.

20. The Director may advise peace officers and persons entrusted with law enforcement on all aspects of an investigation or criminal or penal proceedings. The Director may require such peace officers or persons to conduct further investigation into cases referred to the Director.

The Director may also bring to the attention of the Deputy Minister of Public Security any situation which, in the Director’s opinion, requires a police investigation.

2005, c. 34, s. 20.

21. The Director may, in accordance with the applicable legislative provisions, enter into an agreement with holders of similar positions with the federal government or with a provincial or territorial government, particularly to provide that a party to the agreement may act as prosecutor in certain prosecutions.

The Director may also enter into an agreement with government departments, or, with the Minister’s authorization, with municipalities, bodies or persons having the power to institute criminal or penal proceedings, to provide that the Director will act in their name as prosecutor. The Director may also enter into a service agreement in any area to facilitate the exercise of the Director’s functions or to provide them with a product or service related to the Director’s expertise, provided this does not interfere with the Director’s functions.

2005, c. 34, s. 21.

22. The policies developed and the measures implemented by the Minister of Justice concerning the general conduct of criminal and penal proceedings must be aimed particularly at ensuring that the legitimate interests of the victims of crime are taken into account, that witnesses are respected and protected, that criminal and penal prosecuting attorneys are present and assigned throughout the territory of Québec, that certain types of proceedings are processed and that non-judicial approaches or alternatives to prosecution are applied.

The policies and measures are published by the Minister of Justice in the Gazette officielle du Québec and are brought to the Director’s attention.

The Minister of Justice may ask the Director for any information needed to carry out this responsibility.

2005, c. 34, s. 22.

23. When a matter comes under the Director’s responsibility, the Attorney General may only take charge of the matter or give instructions on its conduct after consulting the Director.

In such a case, the Attorney General is required to give the Director a notice of intent to take charge of the matter or instructions on the conduct of the matter, and publish the notice of intent or instructions in the Gazette officielle du Québec without delay. Publication may be delayed, however, if the Director considers that it may undermine the interests of justice or public policy.

The Director is required to turn the matter over to the Attorney General or act on the Attorney General’s instructions and to provide any information the Attorney General requires within the time specified.

2005, c. 34, s. 23.

24. When, in the Attorney General’s opinion, proceedings raise questions of public interest beyond the scope of those usually raised in criminal and penal prosecutions, the Attorney General may, after notifying the Director, intervene in first instance or in appeal without further formality.

2005, c. 34, s. 24.

CHAPTER III DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS PERSONNEL

DIVISION I CRIMINAL AND PENAL PROSECUTING ATTORNEYS

§ 1 . — Appointment and functions

25. The Director appoints criminal and penal prosecuting attorneys in accordance with this Act from among advocates authorized by law to practise in Québec, who are empowered to represent the Director in the exercise of the functions of office.

Criminal and penal prosecuting attorneys perform, under the Director’s authority, the duties and functions determined by the Director. When acting as prosecutors, they are deemed to be authorized to act in the Director’s name and are not required to prove such authorization.

Before entering office, criminal and penal prosecuting attorneys must take the oath provided in Schedule 2 before the Director or the Deputy Director.

Except where inconsistent with the provisions of this Act, the Public Service Act (chapter F-3.1.1) applies to criminal and penal prosecuting attorneys. The provisions of that Act concerning standards of ethics and discipline also apply to casual attorneys.

2005, c. 34, s. 25.

26. The Director may appoint, from among criminal and penal prosecuting attorneys, one or more chief attorneys and assistant chief attorneys. The Director determines their duties and functions in addition to those which they must perform as attorneys.

The Government may, by an order made on the recommendation of the Director, determine the rules, standards and scales applicable to the appointment, remuneration, employment benefits and other conditions of employment of chief attorneys and assistant chief attorneys.

2005, c. 34, s. 26.

27. A criminal and penal prosecuting attorney must attend exclusively to the duties of office and may not hold any other function, office or employment unless so authorized by the Director. A criminal and penal prosecuting attorney thus authorized to work for the Ministère de la Justice or another department, a body or a third party retains the status of criminal and penal prosecuting attorney, regardless of the nature of the function, office or employment held or, if applicable, of the conditions and term of the service agreement.

2005, c. 34, s. 27.

28. The Director may specially appoint any advocate authorized by law to practise in Québec to represent the Director before the courts of criminal or penal jurisdiction.

Persons appointed under the first paragraph are deemed to be criminal and penal prosecuting attorneys, but only for the purposes of the mandate given to them.

2005, c. 34, s. 28.

§ 2 . — Exercise of certain political activities

29. No criminal and penal prosecuting attorney may, while holding that status, be a candidate in a federal, provincial, municipal or school election.

Nor may a criminal and penal prosecuting attorney be a member of a political party, pay a contribution to a political party, to a political party authority or to a candidate in such an election or engage in other political partisan activity in favour of or against a political party or a candidate in such an election. A criminal and penal prosecuting attorney may, however, attend a political rally.

2005, c. 34, s. 29.

30. A criminal and penal prosecuting attorney who intends to engage in a political activity must inform the Director without delay. After consultation with the attorney concerned, the Director or a person so authorized in writing by the Director reclassifies the attorney to a class of positions in the public service for which the minimum conditions of eligibility are equivalent to those of the class to which the attorney belongs and for which the salary level is substantially equivalent. Reclassification must be effected as soon as possible, in time to enable the person reclassified to engage in the political activity. Upon reclassification, the person may engage in the political activity.

If the attorney fails to inform the Director, the Director reclassifies the attorney as soon as the Director becomes aware that the attorney has engaged in a political activity.

A reclassification may not entail a reduction in the regular salary or employment benefits to which the attorney was entitled prior to reclassification.

2005, c. 34, s. 30.

31. Nothing prevents a person who has been reclassified and who no longer engages in political activities from applying for a position as criminal and penal prosecuting attorney.

2005, c. 34, s. 31.

DIVISION II OTHER DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS PERSONNEL

32. The personnel of the Director of Criminal and Penal Prosecutions, other than the criminal and penal prosecuting attorneys, are appointed in accordance with the Public Service Act (chapter F-3.1.1).

2005, c. 34, s. 32.

CHAPTER IV FINANCIAL PROVISIONS, ACCOUNTS AND REPORTS

33. At least once a year, the Director submits budgetary estimates for the next fiscal year to the Minister of Justice; the form and content of the estimates and the submission schedule are determined by the Minister.

2005, c. 34, s. 33.

34. The fiscal year of the Director ends on 31 March.

2005, c. 34, s. 34.

35. Sections 30 and 31 of the Financial Administration Act (chapter A-6.001) do not apply to the appropriations granted for the administration of this Act.

2005, c. 34, s. 35.

36. Not later than 31 July each year, the Director submits the Director’s annual management report to the Minister of Justice, who lays it before the National Assembly.

The report must contain all information required by the Minister and give an account of the policies and measures established by the Attorney General and the notices of intent and instructions received from the Attorney General under sections 22 and 23.

2005, c. 34, s. 36.

CHAPTER V AMENDING, TRANSITIONAL AND FINAL PROVISIONS

ACT RESPECTING ACCESS TO DOCUMENTS HELD BY PUBLIC BODIES AND THE PROTECTION OF PERSONAL INFORMATION

37. (Amendment integrated into c. A-2.1, s. 59).

2005, c. 34, s. 37.

ACT RESPECTING INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES

38. (Amendment integrated into c. A-3.001, s. 429.24).

2005, c. 34, s. 38.

FINANCIAL ADMINISTRATION ACT

39. (Amendment integrated into c. A-6.001, Sch. 1).

2005, c. 34, s. 39.

ACT RESPECTING PREARRANGED FUNERAL SERVICES AND SEPULTURES

40. (Amendment integrated into c. A-23.001, s. 80).

2005, c. 34, s. 40.

CHARTER OF THE FRENCH LANGUAGE

41. (Amendment integrated into c. C-11, s. 207).

2005, c. 34, s. 41.

CHARTER OF HUMAN RIGHTS AND FREEDOMS

42. (Amendment integrated into c. C-12, s. 71).

2005, c. 34, s. 42.

CODE OF CIVIL PROCEDURE

43. (Amendment integrated into c. C-25, a. 95).

2005, c. 34, s. 43.

44. (Amendment integrated into c. C-25, a. 95.1).

2005, c. 34, s. 44.

CODE OF PENAL PROCEDURE

45. (Amendment integrated into c. C-25.1, a. 9).

2005, c. 34, s. 45.

46. (Amendment integrated into c. C-25.1, a. 11).

2005, c. 34, s. 46.

47. (Amendment integrated into c. C-25.1, a. 34).

2005, c. 34, s. 47.

48. (Amendment integrated into c. C-25.1, a. 70).

2005, c. 34, s. 48.

49. (Amendment integrated into c. C-25.1, a. 70.1).

2005, c. 34, s. 49.

50. (Amendment integrated into c. C-25.1, a. 291).

2005, c. 34, s. 50.

LABOUR CODE

51. (Amendment integrated into c. C-27, s. 1).

2005, c. 34, s. 51.

52. (Amendment integrated into c. C-27, Sch. I).

2005, c. 34, s. 52.

ACT RESPECTING ELECTIONS AND REFERENDUMS IN MUNICIPALITIES

53. (Amendment integrated into c. E-2.2, s. 62).

2005, c. 34, s. 53.

PUBLIC SERVICE ACT

54. (Amendment integrated into c. F-3.1.1, s. 115).

2005, c. 34, s. 54.

ACT RESPECTING ADMINISTRATIVE JUSTICE

55. (Amendment integrated into c. J-3, s. 112).

2005, c. 34, s. 55.

ACT TO ENSURE THAT ESSENTIAL SERVICES ARE MAINTAINED IN THE HEALTH AND SOCIAL SERVICES SECTOR

56. (Amendment integrated into c. M-1.1, s. 17).

2005, c. 34, s. 56.

ACT RESPECTING THE MINISTÈRE DE LA JUSTICE

57. (Amendment integrated into c. M-19, s. 3).

2005, c. 34, s. 57.

58. (Amendment integrated into c. M-19, s. 4).

2005, c. 34, s. 58.

59. (Amendment integrated into c. M-19, s. 6).

2005, c. 34, s. 59.

ACT RESPECTING THE MINISTÈRE DU REVENU

60. (Amendment integrated into c. M-31, s. 69.0.0.13).

2005, c. 34, s. 60.

61. (Amendment integrated into c. M-31, s. 69.0.2).

2005, c. 34, s. 61.

YOUTH PROTECTION ACT

62. (Amendment integrated into c. P-34.1, s. 81).

2005, c. 34, s. 62.

63. (Amendment integrated into c. P-34.1, s. 96).

2005, c. 34, s. 63.

64. (Amendment integrated into c. P-34.1, s. 101).

2005, c. 34, s. 64.

CONSUMER PROTECTION ACT

65. (Amendment integrated into c. P-40.1, s. 290).

2005, c. 34, s. 65.

ACT RESPECTING THE DETERMINATION OF THE CAUSES AND CIRCUMSTANCES OF DEATH

66. (Amendment integrated into c. R-0.2, s. 99).

2005, c. 34, s. 66.

67. (Amendment integrated into c. R-0.2, s. 131).

2005, c. 34, s. 67.

68. (Amendment integrated into c. R-0.2, s. 135).

2005, c. 34, s. 68.

69. (Amendment integrated into c. R-0.2, s. 150).

2005, c. 34, s. 69.

70. (Amendment integrated into c. R-0.2, s. 151).

2005, c. 34, s. 70.

71. (Amendment integrated into c. R-0.2, s. 152).

2005, c. 34, s. 71.

72. (Amendment integrated into c. R-0.2, s. 153).

2005, c. 34, s. 72.

ACT RESPECTING THE COLLECTION OF CERTAIN DEBTS

73. (Amendment integrated into c. R-2.2, s. 63).

2005, c. 34, s. 73.

ACT RESPECTING THE PENSION PLAN OF MANAGEMENT PERSONNEL

74. (Amendment integrated into c. R-12.1, s. 19.2).

2005, c. 34, s. 74.

75. (Amendment integrated into c. R-12.1, Sch. I).

2005, c. 34, s. 75.

ACT RESPECTING ATTORNEY GENERAL’S PROSECUTORS

76. (Amendment integrated into c. R-8.1.2, title).

2005, c. 34, s. 76.

77. (Omitted).

2005, c. 34, s. 77.

78. (Amendment integrated into c. R-8.1.2, heading of Division III).

2005, c. 34, s. 78.

79. (Amendment integrated into c. R-8.1.2, s. 10).

2005, c. 34, s. 79.

80. (Amendment integrated into c. R-8.1.2, s. 12).

2005, c. 34, s. 80.

81. (Amendment integrated into c. R-8.1.2, s. 18).

2005, c. 34, s. 81.

82. (Omitted).

2005, c. 34, s. 82.

83. (Amendment integrated into c. R-8.1.2, ss. 11, 12.6, 12.12, 12.13, 13, 14, 15, 17, 20, 25).

2005, c. 34, s. 83.

LOBBYING TRANSPARENCY AND ETHICS ACT

84. (Amendment integrated into c. T-11.011, s. 43).

2005, c. 34, s. 84.

85. The term “Attorney General” is replaced by the term “Director of Criminal and Penal Prosecutions” everywhere it appears in the following provisions:

(1)  (amendment integrated into c. C-11, ss. 177 and 208.2);

(2)  (amendment integrated into c. C-24.2, ss. 112, 587.1 and 594);

(3)  (amendment integrated into c. C-25.1, aa. 10, 301 and 311);

(4)  (amendment integrated into c. M-3, s. 22.1);

(5)  (amendment integrated into c. M-4, s. 21.1 );

(6)  (amendment integrated into c. P-13.1, ss. 178 and 288);

(7)  (amendment integrated into c. P-34.1, ss. 72.6 and 72.7);

(8)  (amendment integrated into c. P-39.1, s. 18);

(9)  (amendment integrated into c. R-20, s. 123.4.3);

(10)  (amendment integrated into c. S-3.4, ss. 108, 113, 119, 120 and 130);

(11)  (amendment integrated into c. S-6.01, s. 125).

2005, c. 34, s. 85.

86. Depending on the context, the expressions “or the Director of Criminal and Penal Prosecutions”, “or by the Director of Criminal and Penal Prosecutions”, “or of the Director of Criminal and Penal Prosecutions”, or “or to the Director of Criminal and Penal Prosecutions” are inserted after “Attorney General” in the following provisions:

(1)  (amendment integrated into c. A-3.001, s. 474);

(2)  (amendment integrated into c. C-25.1, aa. 69, 268, 278, 299 and 366);

(3)  (amendment integrated into c. I-14, ss. 280 and 460);

(4)  (amendment integrated into c. M-31, ss. 72.1, 72.2 and 72.3);

(5)  (amendment integrated into c. S-2.1, s. 246).

2005, c. 34, s. 86.

87. Unless the context requires otherwise and with the necessary modifications, in any other Act or in any document,

(1)  a reference to any of sections 1 to 9.11 of the Act respecting Attorney General’s prosecutors (chapter S-35) is a reference to the corresponding provision of this Act;

(2)  a reference to any provision of the Act respecting Attorney General’s prosecutors, other than those referred to in paragraph 1, is a reference to the corresponding provision of the Act respecting the collective bargaining plan of criminal and penal prosecuting attorneys;

(3)  a reference to the Act respecting Attorney General’s prosecutors is, according to the subject matter, a reference to this Act or to the Act respecting the collective bargaining plan of criminal and penal prosecuting attorneys; and

(4)  the terms “Attorney General’s prosecutor”, “chief prosecutor” and “assistant chief prosecutor” and the word “prosecutor”, when it means “Attorney General’s prosecutor”, become, respectively, “criminal and penal prosecuting attorney”, “chief attorney”, “assistant chief attorney” and “attorney”.

2005, c. 34, s. 87.

88. The orders determining the rules, standards and scales applicable to the appointment, remuneration, employment benefits and other conditions of employment applicable to chief Attorney General’s prosecutors and assistant chief Attorney General’s prosecutors that are in force when chapter 34 of the statutes of 2005 comes into force remain in force as regards chief attorneys and assistant chief attorneys.

2005, c. 34, s. 88.

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 14 March 2007 is deemed to have been appointed a criminal and penal prosecuting attorney under section 25 of this Act.

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.

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.

91. Employees of the Ministère de la Justice who, on 14 March 2007, are assigned to the functions devolved upon the Director of Criminal and Penal Prosecutions under this Act become, without further formality, employees of the Director.

2005, c. 34, s. 91.

92. The Director of Criminal and Penal Prosecutions, when replacing the Attorney General, the Deputy Attorney General or the Deputy Minister of Justice in criminal and penal matters or in matters related to the administration of this Act, acquires the rights and assumes the obligations of the Attorney General.

2005, c. 34, s. 92.

93. Any criminal or penal proceedings to which the Attorney General is a party are continued by the Director of Criminal and Penal Prosecutions without further formality.

2005, c. 34, s. 93.

94. The Minister of Justice is responsible for the administration of this Act.

2005, c. 34, s. 94.

95. (Omitted).

2005, c. 34, s. 95.

SCHEDULE 1

(Section 8)

I declare under oath that I will fulfill the duties of the office of Director of Criminal and Penal Prosecutions (or Deputy Director of Criminal and Penal Prosecutions) honestly, objectively, impartially and justly and that I will not accept any money or benefit for what I have done or may do in the discharge of my duties of office other than what is allowed me according to law.

I further declare under oath that I will not reveal or disclose, unless duly authorized, anything that may come to my knowledge in or in connection with the discharge of my duties.

________________________

(Signature)

2005, c. 34, Schedule 1.

SCHEDULE 2

(Section 25)

I declare under oath that I will fulfill the duties of the office of criminal and penal prosecuting attorney honestly, objectively, impartially and justly and that I will not accept any money or benefit for what I have done or may do in the discharge of my duties of office other than what is allowed me according to law.

I further declare under oath that I will not reveal or disclose, unless duly authorized, anything that may come to my knowledge in or in connection with the discharge of my duties.

________________________

(Signature)

2005, c. 34, Schedule 2.

REPEAL SCHEDULES

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.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 2 and 3 of chapter 34 of the statutes of 2005, to the extent in force on 1 January 2007, are repealed effective from the coming into force of the updating to 1 January 2007 of chapter D-9.1.1 of the Revised Statutes.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1, 4, 6 to 88, the second and third paragraphs of section 90, sections 91 to 94 and Schedules 1 and 2 of chapter 34 of the statutes of 2005, to the extent in force on 1 August 2008, are repealed effective from the coming into force of the updating to 1 August 2008 of chapter D-9.1.1 of the Revised Statutes.