Delegation to Federal Prosecutors and Persons Acting as Federal Prosecutors

Delegation of the Director pursuant to subsection 9(1)
of the Director of Public Prosecutions Act

  1. I authorize federal prosecutors, as referred to in subsection 7(1) of the Act, and persons acting as federal prosecutors, as referred to in subsection 7(2) of the Act, to act for or on my behalf in the exercise of any of the powers or the performance of any of the duties or functions in relation to prosecutions that the Director of Public Prosecutions is authorized to exercise or perform under paragraphs 3(3)(a), (b), (d), (e), (f), and (g) of the Act, subsections 3(8) and 3(9)of the Act, or under any other Act of Parliament.
  2. I also authorize federal prosecutors holding the position of Chief Federal Prosecutor to act for or on my behalf in relation to subsection 3(7) of the Act, and in relation to the Attorney General of Canada’s Assignment concerning the conduct of prosecutions pursuant to agreements with provincial Attorneys General and the conduct of prosecutions and related proceedings, including appeals, of charges falling under the exclusive prosecutorial authority of a province.Footnote 1

Authority to consent for initiating or taking a specified step in a prosecution

  1. Notwithstanding paragraph 1, where a provision of the Criminal Code or of any other Act of Parliament requires the express consent of the Attorney General of Canada or the Director of Public Prosecutions in order to initiate a prosecution or to take a specified step in a prosecution:
    1. Only those federal prosecutors mentioned in paragraph 4 can consent, and only in respect of the provisions specifically listed;
    2. In respect of paragraph 715.32(1)(d) of the Criminal Code (remediation agreements), only the Director of Public Prosecutions can consent; and
    3. In respect of any other provision that is not listed in paragraph 4, only the Director of Public Prosecutions or a Deputy Director of Public Prosecutions can consent.
  1. The power to consent may only be exercised by:
    1. A federal prosecutor as referred to in subsection 7(1) of the Act and holding the position of Chief Federal Prosecutor with respect to the following statutory provisions:
      Criminal Code
      Section Title
      s. 54(Assisting deserter)
      s. 136(3)(Witness giving contradictory evidence)
      s. 141(2)(Exception of criminal liability for diversion agreements)
      s. 174(3)(Nudity)
      s. 342(2)(Theft, forgery, etc. of credit card outside province)
      s. 347(7)(Criminal interest rates)
      s. 385(2)(Fraudulent concealment of title documents)
      s. 422(3)(Criminal breach of contract)
      s. 462.34(Application for review of Special warrants and restraint orders)
      s. 473(Accused requesting trial by a superior court judge alone for offence listed at s. 469)
      s. 477.2(Offences committed by non-Canadians in territorial sea of Canada)
      s. 477.3(Arrest, search and seizure outside Canada on a ship registered outside Canada)
      s. 478(3)(Offences committed in another province)
      s. 479(Offence committed in another jurisdiction of the same province)
      s. 672.81(Review of dispositions for accused not criminally responsible on account of mental disorder or unfit to stand trial)
      s. 672.86(1)(b) & (2)(Interprovincial transfer of accused not criminally responsible on account of mental disorder or unfit to stand trial)
      s. 672.88(Interprovincial transfer of accused not criminally responsible on account of mental disorder or unfit to stand trial)
      s. 672.89(Interprovincial transfer of accused not criminally responsible on account of mental disorder or unfit to stand trial)
      s. 720(2)(Delay in sentencing to allow attendance in treatment program)
      s. 725(Consideration of outstanding charges for sentencing)
      s. 733(Transfer of probation orders)
      s. 733.1(Failure to comply with probation order of another province)
      s. 742.5(1.1)(Transfer of conditional sentence order)
      s. 742.6(3.2)(Breach of condition outside province)
      s. 753.3(2)(Breach of long-term supervision – other province)
      s. 803(3)(Failure to appear and Court proceeding in the absence of defendant – summary conviction proceedings)
      s. 810.01(Recognizance – Fear of certain offences)
      s. 810.2(Recognizance – Fear of serious personal injury)
      Immigration and Refugee Protection Act
      Section Title
      s. 117(4) (Human smuggling)
      Migratory Birds Convention Act
      Section Title
      s. 18.3(6) (Offences deemed committed in Canada)
      National Defence Act
      Section Title
      s. 226(3)(a)&(b) (Transfer of offenders)
      Youth Criminal Justice Act
      Section Title
      s. 58(3) (Waiver of jurisdiction)
    2. A federal prosecutor as referred to in subsection 7(1) of the Act and holding the position of Deputy Chief Federal Prosecutor with respect to the following statutory provisions of the Criminal Code:
      Section Title
      s. 141(2)(Exception of criminal liability for diversion agreements)
      s. 462.34(Application for review of Special warrants and restraint orders)
      s. 477.2(Offences committed by non-Canadians in territorial sea of Canada)
      s. 477.3(Arrest, search and seizure outside Canada on ship registered outside Canada)
      s. 478(3)(Offences committed in another province)
      s. 479(Offence committed in another jurisdiction of the same province)
      s. 672.81(Review of dispositions for accused not criminally responsible on account of mental disorder or unfit to stand trial)
      s. 672.88(Interprovincial transfer of accused not criminally responsible on account of mental disorder or unfit to stand trial)
      s. 672.89(Interprovincial transfer of accused not criminally responsible on account of mental disorder or unfit to stand trial)
      s. 720(2)(Delay in sentencing to allow attendance in treatment program)
      s. 725(Consideration of outstanding charges for sentencing)
      s. 733(Transfer of probation orders)
      s. 733.1(Failure to comply with probation order of another province)
      s. 742.5(1.1)(Transfer of conditional sentence order)
    3. A federal prosecutor as referred to in subsection 7(1) of the Act and holding the position of Team Leader with respect to the following statutory provisions of the Criminal Code:
      Section Title
      s. 141(2)(Exception of criminal liability for diversion agreements)
      s. 462.34(Application for review of Special warrants and restraint orders)
      s. 478(3)(Offences committed in another province)
      s. 479(Offence committed in another jurisdiction of the same province)
      s. 672.81(Review of dispositions for accused not criminally responsible on account of mental disorder or unfit to stand trial)
      s. 720(2)(Delay in sentencing to allow attendance in treatment program)
      s. 725(Consideration of outstanding charges for sentencing)
      s. 733(Transfer of probation orders)
      s. 742.5(1.1)(Transfer of conditional sentence order)
    4. A federal prosecutor as referred to in subsection 7(1) of the Act with respect to sections to the following statutory provisions of the Criminal Code:
      Section Title
      s. 141(2)(Exception of criminal liability for diversion agreements)
      s. 462.34(Application for review of Special warrants and restraint orders)
      s. 479(Offence committed in another jurisdiction of the same province)
      s. 672.81(Review of dispositions for accused not criminally responsible on account of mental disorder or unfit to stand trial)
      s. 720(2)(Delay in sentencing to allow attendance in treatment program)
      s. 725(Consideration of outstanding charges for sentencing)
    5. A person acting as a federal prosecutor as referred to in subsection 7(2) of the Act with respect to sections to the following statutory provisions of the Criminal Code:
      Section Title
      s. 462.34(Application for review of Special warrants and restraint orders)
      s. 720(2)(Delay in sentencing to allow attendance in treatment program)
      s. 725(Consideration of outstanding charges for sentencing)

Authority to Enter into Undertakings

  1. Notwithstanding paragraph 1, the authority to enter into undertakings pursuant to subsections 462.32(6) and 462.33(7) of the Criminal Code (undertakings for special warrant or restraint orders) may only be exercised by a federal prosecutor holding the position of Chief Federal Prosecutor or Deputy Chief Federal Prosecutor.

Authority to Approve Drug Treatment Court Programs

  1. Notwithstanding paragraph 1, the authority to approve a drug treatment court program pursuant to subsection 10(4) of the Controlled Drugs and Substances Act may only be exercised by a federal prosecutor holding the position of Chief Federal Prosecutor.

General

  1. When acting pursuant to this delegation, federal prosecutors and persons acting as federal prosecutors must comply with all applicable guidelines and directives contained in the Public Prosecution Service of Canada Deskbook.
  2. This delegation takes effect immediately, for all persons who are currently appointed as federal prosecutors or retained to act as federal prosecutors, and takes effect on the day a person is appointed as a federal prosecutor or retained to act as a federal prosecutor, in all other cases.

Signed in Ottawa, in the Province of Ontario, this 31st day of July 2024.

(Original signed by)

George Dolhai
Director of Public Prosecutions and
Deputy Attorney General of Canada

Appendix – Summary of Delegated Authorities

Delegation Chief Federal Prosecutor Deputy Chief Federal Prosecutor Team Leader Federal Prosecutor Person Acting as Federal Prosecutor
3(3)(a) of the DPP Act Initiate or conduct prosecutions Yes Yes Yes Yes Yes
3(3)(b) of the DPP Act Intervention Yes Yes Yes Yes Yes
3(3)(d) of the DPP Act Advise law enforcement or investigative bodies Yes Yes Yes Yes Yes
3(3)(e) of the DPP Act Communicate with the media or the public Yes Yes Yes Yes Yes
3(3)(f) of the DPP Act Private prosecutions Yes Yes Yes Yes Yes
3(3)(g) of the DPP Act Powers, duties or functions assigned to the DPP by the Attorney General Yes Yes Yes Yes Yes
3(7) of the DPP Act, Assignment No. 2 (2007) Agreements and arrangements with provinces Yes No No No No
3(8) of the DPP Act Election-related matters Yes Yes Yes Yes Yes
3(9) of the DPP Act Powers, duties or functions of the Attorney General – Extradition and Mutual Legal Assistance Yes Yes Yes Yes Yes
Any other power, duty, or function of the DPP under another Act of Parliament Yes Yes Yes Yes Yes

Consent for initiating or taking a specified step in a prosecution

Criminal Code Chief Federal Prosecutor Deputy Chief Federal Prosecutor Team Leader Federal Prosecutor Person Acting as Federal Prosecutor
54 Assisting deserter Yes No No No No
136(3) Witness giving contradictory evidence Yes No No No No
141(2) Exception of criminal liability for diversion agreements Yes Yes Yes Yes No
174(3) Nudity Yes No No No No
342(2) Theft, forgery, etc. of credit card outside province Yes No No No No
347(7) Criminal interest rates Yes No No No No
385(2) Fraudulent concealment of title documents Yes No No No No
422(3) Criminal breach of contract Yes No No No No
462.34 Application for review of Special warrants and restraint orders Yes Yes Yes Yes Yes
473 Accused requesting trial by a superior court judge alone for offence listed at s. 469 Yes No No No No
477.2 Offences committed by nonCanadians in territorial sea of Canada Yes Yes No No No
477.3 Arrest, search and seizure outside Canada on a ship registered outside Canada Yes Yes No No No
478(3) Offences committed in another province Yes Yes Yes No No
479 Offence committed in another jurisdiction of the same province Yes Yes Yes Yes No
672.81 Review of dispositions for accused not criminally responsible on account of mental disorder or unfit to stand trial Yes Yes Yes Yes No
672.86(1)(b) & (2) Interprovincial transfer of accused not criminally responsible on account of mental disorder or unfit to stand trial Yes No No No No
672.88 Interprovincial transfer of accused not criminally responsible on account of mental disorder or unfit to stand trial Yes Yes No No No
672.89 Interprovincial transfer of accused not criminally responsible on account of mental disorder or unfit to stand trial Yes Yes No No No
720(2) Delay in sentencing to allow attendance in treatment program Yes Yes Yes Yes Yes
725 Consideration of outstanding charges for sentencing Yes Yes Yes Yes Yes
733 Transfer of probation orders Yes Yes Yes No No
733.1 Failure to comply with probation order of another province Yes Yes No No No
742.5(1.1) Transfer of conditional sentence order Yes Yes Yes No No
742.6(3.2) Breach of condition outside province Yes No No No No
753.3(2) Breach of longterm supervision – other province Yes No No No No
803(3) Failure to appear and Court proceeding in the absence of defendant – summary conviction proceedings Yes No No No No
810.01 Recognizance – Fear of certain offences Yes No No No No
810.2 Recognizance – Fear of serious personal injury Yes No No No No
Immigration and Refugee Protection Act Chief Federal Prosecutor Deputy Chief Federal Prosecutor Team Leader Federal Prosecutor Person Acting as Federal Prosecutor
117(4) Human smuggling Yes No No No No
Migratory Birds Convention Act Chief Federal Prosecutor Deputy Chief Federal Prosecutor Team Leader Federal Prosecutor Person Acting as Federal Prosecutor
18.3(6) Offences deemed committed in Canada Yes No No No No
National Defence Act Chief Federal Prosecutor Deputy Chief Federal Prosecutor Team Leader Federal Prosecutor Person Acting as Federal Prosecutor
226(3)(a) & (b) Transfer of offenders Yes No No No No
Youth Criminal Justice Act Chief Federal Prosecutor Deputy Chief Federal Prosecutor Team Leader Federal Prosecutor Person Acting as Federal Prosecutor
58(3) Waiver of jurisdiction Yes No No No No

Enter into undertakings

Criminal Code Chief Federal Prosecutor Deputy Chief Federal Prosecutor Team Leader Federal Prosecutor Person Acting as Federal Prosecutor
462.32(6) Undertakings for special warrant or restraint orders Yes Yes No No No
462.33(7) Undertakings for special warrant or restraint orders Yes Yes No No No

Approve Drug Treatment Court Programs

Controlled Drugs and Substances Act Chief Federal Prosecutor Deputy Chief Federal Prosecutor Team Leader Federal Prosecutor Person Acting as Federal Prosecutor
10(4) Approve Drug Treatment Court Program Yes No No No No
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