Remediation Agreement Guideline For Canadian Prosecutors

The Public Prosecution Service of Canada (PPSC) has issued a Guideline for deferred prosecution agreements, referred to as "Remediation Agreements" (RA) under Part XXII.1 of the Criminal Code. Under the RA regime, the Attorney General can approve the negotiation of a remediation agreement between a prosecutor and an organization accused of a listed offence. Our prior publication provides an in-depth analysis of the regime.

The Guideline establishes criteria that the PPSC will apply to determine whether to initiate the negotiation of a RA and sheds light on the PPSC's internal procedure for recommending and negotiating a RA. The final decision whether to invite an organization to negotiate a RA is made by the Director of Public Prosecutions (DPP) on behalf of the Attorney General.