International Transfer of Offenders Act (S.C. 2004, c. 21)

Act current to 2013-04-29 and last amended on 2013-02-28. Previous Versions

International Transfer of Offenders Act

S.C. 2004, c. 21

Assented to 2004-05-14

An Act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the International Transfer of Offenders Act.

INTERPRETATION

Marginal note:Definitions

 The following definitions apply in this Act.

“Canadian offender”

« délinquant canadien »

“Canadian offender” means a Canadian citizen within the meaning of the Citizenship Act who has been found guilty of an offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in a foreign entity — and whose verdict and sentence may no longer be appealed.

“criminal offence”

« infraction criminelle »

“criminal offence” means an offence against an Act of Parliament.

“foreign entity”

« entité étrangère »

“foreign entity”, other than in sections 31 and 32, means a foreign state — or a province, state or other political subdivision of a foreign state, a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a foreign state or a territory or other entity, including an international criminal tribunal — with which Canada has entered into a treaty on the transfer of offenders or an administrative arrangement referred to in section 31 or 32.

“foreign offender”

« délinquant étranger »

“foreign offender” means a citizen or national of a foreign entity who has been found guilty of a criminal offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in Canada — and whose verdict and sentence may no longer be appealed.

“Minister”

« ministre »

“Minister” means the Minister of Public Safety and Emergency Preparedness.

“penitentiary”

« pénitencier »

“penitentiary” has the same meaning as in subsection 2(1) of the Corrections and Conditional Release Act.

“prison”

« prison »

“prison” means a place of confinement other than a penitentiary.

“treaty”

« traité »

“treaty” includes an international agreement or convention, but does not include an administrative arrangement entered into under section 31 or 32.

  • 2004, c. 21, s. 2;
  • 2005, c. 10, s. 34.