Extradition Act (S.C. 1999, c. 18)

Act current to 2014-08-05 and last amended on 2005-07-19. Previous Versions

Functions of the Minister

Marginal note:Functions of the Minister

 The Minister is responsible for the implementation of extradition agreements, the administration of this Act and dealing with requests for extradition made under them.

Publication of Extradition Agreements

Marginal note:Publication in Canada Gazette
  •  (1) Unless the extradition agreement has been published under subsection (2), an extradition agreement — or the provisions respecting extradition contained in a multilateral extradition agreement — must be published in the Canada Gazette no later than 60 days after it comes into force.

  • Marginal note:Publication in Canada Treaty Series

    (2) An extradition agreement — or the provisions respecting extradition contained in a multilateral extradition agreement — may be published in the Canada Treaty Series and, if so published, the publication must be no later than 60 days after it comes into force.

  • Marginal note:Judicial notice

    (3) Agreements and provisions published in the Canada Gazette or the Canada Treaty Series are to be judicially noticed.

Designated States and Entities

Marginal note:Designated extradition partners
  •  (1) The names of members of the Commonwealth or other States or entities that appear in the schedule are designated as extradition partners.

  • Marginal note:Amendments to the schedule

    (2) The Minister of Foreign Affairs, with the agreement of the Minister, may, by order, add to or delete from the schedule the names of members of the Commonwealth or other States or entities.

Specific Agreements

Marginal note:Specific agreements
  •  (1) The Minister of Foreign Affairs may, with the agreement of the Minister, enter into a specific agreement with a State or entity for the purpose of giving effect to a request for extradition in a particular case.

  • Marginal note:Inconsistency

    (2) For greater certainty, if there is an inconsistency between this Act and a specific agreement, this Act prevails to the extent of the inconsistency.

  • Marginal note:Evidence

    (3) A certificate issued by or under the authority of the Minister of Foreign Affairs to which is attached a copy of a specific agreement entered into by Canada and a State or entity is conclusive evidence of the agreement and its contents without proof of the signature or official character of the person appearing to have signed the certificate or agreement.

Minister’s Power to Receive Requests

Marginal note:Request to go to Minister
  •  (1) A request by an extradition partner for the provisional arrest or extradition of a person shall be made to the Minister.

  • Marginal note:Provisional arrest request to go to Minister

    (2) A request by an extradition partner for the provisional arrest of a person may also be made to the Minister through Interpol.