Regulatory Prosecutions

The PPSC prosecutes a variety of offences created by federal statutes in support of the mandates and policies of other federal organizations, and provides advice to investigative agencies in that regard. These offences can be described generally as those aimed at protecting the environment and the health, safety, economic security, and general welfare of the public.

Although many regulatory cases are routine, some are resource-intensive and complex and receive considerable media attention. Past examples include prosecutions under the Railway Safety Act and Fisheries Act for offences arising out of the tragic train derailment in Lac Mégantic and the prosecution for offences under the Immigration and Refugee Protection Act of individuals on migrant ships who arrived off the coast of British Columbia in 2009 and 2010. Regulatory prosecutions comprise approximately 8% of the current litigation caseload of the PPSC, representing 5,184 files, and account for over 238,000 hours of work (approximately 14% of total time spent on all prosecutions).

In prosecuting particularly complex regulatory offences, prosecutors are expected to have regard to the policy objectives of the investigative agencies. They are also encouraged to consult with counsel in the Department of Justice departmental legal service units.

The PPSC uses cost recovery to cover most of its costs for prosecuting offences under regulatory statutes. In effecting cost recovery for its prosecution services, the PPSC looks to the government organization whose minister is responsible for the regulatory legislation creating the offence underlying the prosecution. More detailed information about cost recovery is provided in the “Departmental Financial Management Operations” section located at Tab 9.