Extradition Act (S.C. 1999, c. 18)

Marginal note:Contents of the surrender order

58. An order of surrender must

• (a) contain the name of the person who is to be surrendered;

• (b) describe the offence in respect of which the extradition is requested, the offence for which the committal was ordered or the conduct for which the person is to be surrendered;

• (c) state the extradition partner to which the person is to be conveyed;

• (d) direct the person who has custody of the person to be surrendered to deliver them into the custody of the person or a member of the class of persons referred to in paragraph (e);

• (e) designate the person or class of persons authorized for the purposes of section 60;

• (f) set out any assurances or conditions to which the surrender is subject;

• (g) fix, in the case of postponement of surrender under section 64, the period of time at or before the expiry of which the person is to be surrendered; and

• (h) fix, in the case of a temporary surrender under section 66,

  • (i) the period of time at or before the expiry of which the person to be surrendered must be returned to Canada, and

  • (ii) the period of time at or before the expiry of which final surrender shall take place.

Marginal note:Surrender for other offences

59. Subject to a relevant extradition agreement, the Minister may, if the request for extradition is based on more than one offence, order the surrender of a person for all the offences even if not all of them fulfil the requirements set out in section 3, if

• (a) the person is being surrendered for at least one offence that fulfils the requirements set out in section 3; and

• (b) all the offences relate to conduct that, had it occurred in Canada, would have constituted offences that are punishable under the laws of Canada.

Marginal note:Power to convey

60. On the execution of a surrender order, the person or persons designated under paragraph 58(e) shall have the authority to receive, hold in custody and convey the person into the territory over which the extradition partner has jurisdiction.

Marginal note:Escape

• 61. (1) If the person escapes while in custody, the law that applies with respect to a person who is accused or convicted of a crime against the laws of Canada and who escapes applies with respect to the person.

• Marginal note:Arrest

  (2) If the person escapes while in custody, the person or member of the class of persons having custody of the person has the power to arrest them in fresh pursuit.

Marginal note:Delay before surrender

• 62. (1) No person may be surrendered

  • (a) until a period of 30 days has expired after the date of the committal for surrender; or

  • (b) if an appeal or a judicial review in respect of a matter arising under this Act, or any appeal from an appeal or judicial review, is pending, until after the date of the final decision of the court on the appeal or judicial review.

• Marginal note:Waiver of period of time

  (2) The person may waive the period referred to in paragraph (1)(a) if they do so in writing.