Crown Attorneys Act

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Sections38

• 1Appointment

  1 (1) The Lieutenant Governor in Council may appoint a Crown Attorney for each county and district and such Crown Attorneys and assistant Crown Attorneys for the Province as the Lieutenant Governor in Council considers necessary. Province-wide authority (2) The Crown Attorneys and assistant Crown Attorneys appointed for the Province or a county or district thereof shall act anywhere in the Province as directed by the Deputy Attorney General. R.S.O. 1990, c. C.49, s. 1.

• 1.
• 2Assistant Crown Attorneys

  2 The Lieutenant Governor in Council may appoint one or more assistant Crown Attorneys for any county or district who shall act under the direction of the Crown Attorney and when so acting has the like powers and shall perform the like duties as the Crown Attorney. R.S.O. 1990, c. C.49, s. 2.

• 2.
• 3City of Toronto

  3 (1) The Lieutenant Governor in Council may appoint a Crown Attorney, a Deputy Crown Attorney and such assistant Crown Attorneys as the Lieutenant Governor in Council considers necessary for the City of Toronto who shall be known respectively as the Crown Attorney, the Deputy Crown Attorney and the Assistant Crown Attorneys for the City of Toronto. R.S.O. 1990, c. C.49, s. 3 (1); 1997, c. 26, Sched. Idem (2) The Deputy Crown Attorney and the Assistant Crown Attorneys for the City of Toronto shall act under the direction of the Crown Attorney for the City of Toronto and when so acting shall have the like powers and perform the like duties as the Crown Attorney for the City of Toronto. R.S.O. 1990, c. C.49, s. 3 (2); 1997, c. 26, Sched. Section Amendments with date in force (d/m/y) 1997, c. 26, Sched. - 01/01/1998

• 3.
• 4Qualification

  4 No person shall be appointed a Crown Attorney or assistant Crown Attorney or act in either of such capacities who is not a member of the bar of Ontario. R.S.O. 1990, c. C.49, s. 4.

• 4.
• 5Temporary appointments

  5 (1) When a Crown Attorney or an assistant Crown Attorney is absent or ill or is unable to perform all his or her duties, the Deputy Attorney General may appoint a member of the bar of Ontario to act as Crown Attorney or assistant Crown Attorney, as the case may be, during the period that the Crown Attorney or assistant Crown Attorney is absent or ill or is unable to perform all his or her duties. Idem (2) When there is a vacancy in the office of Crown Attorney, the Deputy Attorney General may appoint a member of the bar of Ontario to act as Crown Attorney until the vacancy is filled by the Lieutenant Governor in Council. R.S.O. 1990, c. C.49, s. 5.

• 5.
• 6Provincial prosecutors

  6 (1) The Attorney General may by order authorize public servants employed under Part III of the Public Service of Ontario Act, 2006 to be provincial prosecutors. R.S.O. 1990, c. C.49, s. 6 (1); 2006, c. 35, Sched. C, s. 22. Qualifications (2) A provincial prosecutor may be a person who is not a member of the bar. R.S.O. 1990, c. C.49, s. 6 (2). Jurisdiction (3) A provincial prosecutor shall act anywhere in Ontario as directed by the Deputy Attorney General or a person designated by the Deputy Attorney General. R.S.O. 1990, c. C.49, s. 6 (3). Duties (4) A provincial prosecutor shall conduct such prosecutions for provincial offences and offences punishable on summary conviction as are delegated to him or her by the Crown Attorney for the county or district in which the provincial prosecutor acts and shall be subject to the direction and supervision of the Crown Attorney. R.S.O. 1990, c. C…

• 6.
• 7Security

  7 Every Crown Attorney shall give security for the due performance of the duties of his or her office and for the due payment of all money received by him or her by virtue thereof, in such sum, and with so many sureties, and in such manner and form as the Lieutenant Governor in Council may direct. R.S.O. 1990, c. C.49, s. 7.

• 7.
• 8Oath of office

  8 Every Crown Attorney and every assistant Crown Attorney, before entering upon his or her duties, shall take and subscribe before a judge of the Superior Court of Justice the following oath: I swear (or affirm) that I will truly and faithfully, according to the best of my skill and ability, execute the duties, powers and trusts of Crown Attorney (or assistant Crown Attorney) without favour or affection to any party: So help me God. (Delete if affirmed) R.S.O. 1990, c. C.49, s. 8; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

• 8.
• 9Prohibition

  9 (1) No Crown Attorney or assistant Crown Attorney shall, personally or through any partner in the practice of law, act or be directly or indirectly concerned as counsel or solicitor for any person in respect of any offence charged against the person under the laws in force in Ontario. Exception (2) Subsection (1) does not apply to part-time assistant Crown Attorneys. R.S.O. 1990, c. C.49, s. 9.

• 9.
• 10Attorney-General’s agent

  10 Every Crown Attorney and every provincial prosecutor is the agent of the Attorney General for the purposes of the Criminal Code (Canada). R.S.O. 1990, c. C.49, s. 10.

• 10.
• 11Duties:

  11 The Crown Attorney shall aid in the local administration of justice and perform the duties that are assigned to Crown Attorneys under the laws in force in Ontario, and, without restricting the generality of the foregoing, every Crown Attorney shall, to examine informations, etc. (a) examine informations, examinations, depositions, recognizances, inquisitions and papers connected with offences against the laws in force in Ontario that the provincial judges, justices of the peace and coroners are required to transmit to him or her, and, where necessary, cause such charges to be further investigated, and additional evidence to be collected, and sue out process to compel the attendance of witnesses and the production of papers, so that prosecutions may not be delayed unnecessarily or fail through want of proof; to conduct prosecutions (b) conduct, on the part of the Crown, preliminary hea…

• 11.
• 12Provincial judges and justices to deliver informations, etc., to Crown Attorney

  12 Where a person is committed for trial to answer a criminal charge, the committing provincial judge shall deliver or cause to be delivered without delay to the Crown Attorney the informations, depositions, examinations, recognizances and papers connected with the charge, and the Crown Attorney is the “proper officer of the court by which the accused is to be tried” within the meaning of the committal for trial provisions of the Criminal Code (Canada) and, where an information has been laid before a justice of the peace, whether proceedings have been taken thereon or not, the justice shall deliver to the Crown Attorney all papers connected therewith on being required by the Crown Attorney so to do. R.S.O. 1990, c. C.49, s. 12.

• 12.
• 13Collection and payment over of fees

  13 Every Crown Attorney, except a Crown Attorney on fees, shall collect all fees payable to him or her as Crown Attorney and remit them to the Deputy Attorney General by cheque payable to the Treasurer of Ontario quarterly on the 1st day of January, April, July and October in each year, together with a statement showing the fees collected. R.S.O. 1990, c. C.49, s. 13.

• 13.
• 14Annual returns

  14 Every Crown Attorney shall, on or before the 31st day of January in every year, make to the Deputy Attorney General a return, verified by statutory declaration, of the aggregate amount of the fees and emoluments of his or her office during the preceding year, up to and including the 31st day of December. R.S.O. 1990, c. C.49, s. 14.

• 14.
• 14.1Director of Asset Management – Criminal

  14.1 (1) The Attorney General shall appoint a person to be the Director of Asset Management – Criminal who shall be responsible for, (a) taking control of and managing or otherwise dealing with property that is the subject of a management order obtained by the Attorney General under section 83.13, 462.331 or 490.81 of the Criminal Code (Canada); (b) administering and managing property that is the subject of a restraint order obtained by the Attorney General under section 462.33 or 490.8 of the Criminal Code (Canada); (c) preserving, managing, selling or otherwise disposing of or dealing with property forfeited to the Crown in right of Ontario under section 83.14, 199, 462.37, 462.38, 462.43, 490, 490.01, 490.1, 490.2 or 491.1 of the Criminal Code (Canada); and (d) taking control of, preserving, managing, selling or otherwise disposing of or dealing with any other property that is forfeit…

• 15.
• 14.2Acting Director

  14.2 (1) The powers and duties of the Director of Asset Management – Criminal may be exercised and performed by an employee of the Ministry of the Attorney General appointed as Acting Director if, (a) the Director is absent or unable to act; or (b) the individual who was appointed Director has ceased to be the Director and no new Director has been appointed. 2005, c. 33, s. 2. Same (2) An Acting Director shall be appointed by the Director or, if the Director is absent or unable to act, by the Deputy Attorney General. 2005, c. 33, s. 2. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 2 - 01/08/2006

• 16.
• 14.3Director’s powers

  14.3 (1) The Director of Asset Management – Criminal may preserve, manage, sell or otherwise dispose of or deal with any property described in clause 14.1 (1) (c) or (d) that is not money in any manner that he or she considers proper. 2005, c. 33, s. 2. Same (2) Without limiting the generality of subsection (1), the Director may, (a) take possession of and preserve or manage the property for the length of time and on the terms that he or she considers proper; (b) convert the property to money at the price and on the terms that he or she considers proper; (c) sell, assign, dispose of, use, give or transfer the property, or any interest in the property, at the price and upon the terms that he or she considers proper; (d) do anything he or she considers advisable for the on-going management or operation of the property before its final disposition, including, (i) complying with the terms of…

• 14.4Management of property forfeited to the Crown

  14.4 (1) Property that is forfeited to the Crown in right of Ontario as described in clause 14.1 (1) (c) or (d) shall be dealt with and disposed of by the Director of Asset Management – Criminal as provided under sections 14.1 and 14.3. 2005, c. 33, s. 2. Escheats Act, 2015 does not apply (2) The Escheats Act, 2015 does not apply to property that is forfeited to the Crown in right of Ontario as described in clause 14.1 (1) (c) or (d). 2015, c. 38, Sched. 4, s. 28. Mining lands (3) Despite subsection 14.1 (1) and subsection (1) of this section, where mining lands as defined in the Mining Act have become forfeited to the Crown in right of Ontario as described in clause 14.1 (1) (c) or (d), such mining lands shall be dealt with and disposed of as Crown lands in the manner provided in the Mining Act. 2005, c. 33, s. 2. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 2 - 01/08/2…

• 14.5Expenses

  14.5 The money required for the purposes of the Director of Asset Management – Criminal shall be paid out of the amounts appropriated by the Legislature for those purposes. 2005, c. 33, s. 2. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 2 - 01/08/2006

• 14.6Money credited to Forfeited Proceeds of Crime Accounts

  14.6 (1) Despite the Fines and Forfeitures Act, the following money shall be credited to the separate non-interest bearing accounts in the Consolidated Revenue Fund known as the Ministry of the Attorney General Forfeited Proceeds of Crime Account and the Ministry of Community Safety and Correctional Services Forfeited Proceeds of Crime Account, which may be referred to in French as Compte des produits de la criminalité confisqués du ministère du Procureur général and Compte des produits de la criminalité confisqués du ministère de la Sécurité communautaire et des Services correctionnels, respectively, in the proportions agreed upon by the Attorney General and the Minister of Community Safety and Correctional Services from time to time: 1. Subject to section 462.49 of the Criminal Code (Canada), i. money forfeited to the Crown in right of Ontario under section 83.14, 199, 462.37, 462.38, …

• 15Regulations

  15 The Lieutenant Governor in Council may make regulations, (a) prescribing fees and travelling allowances for Crown Attorneys or any class thereof in connection with prosecutions instituted on behalf of any governmental ministry or agency, and providing for the payment and disposition thereof; (b) prescribing fees and travelling allowances for Crown Attorneys or any class thereof in connection with appeals to the Superior Court of Justice for provincial offences and offences punishable on summary conviction, and providing for the payment thereof; (c) fixing the responsibility for the payment of fees and travelling allowances of Crown Attorneys; (d) providing that counsel fees collected from defendants under the Provincial Offences Act shall be credited on the Crown Attorney’s fees that are properly payable to him or her by a municipality or a governmental ministry or agency; (e) providi…

• 16Status quo maintained

  16 The repeal of the Municipal Act on January 1, 2003 does not affect the validity of the appointments of Crown Attorneys and assistant Crown Attorneys existing on that date or subsequent to that date. 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 ______________