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

Act current to 2017-10-13 and last amended on 2014-12-06. 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. (délinquant canadien)

criminal offence

infraction criminelle

criminal offence means an offence against an Act of Parliament. (infraction criminelle)

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. (entité étrangère)

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. (délinquant étranger)

Minister

ministre

Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

penitentiary

pénitencier

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

prison

prison

prison means a place of confinement other than a penitentiary. (prison)

treaty

traité

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

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

Purpose and Principles

Marginal note:Purpose

 The purpose of this Act is to enhance public safety and to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals.

  • 2004, c. 21, s. 3;
  • 2012, c. 1, s. 135.
Marginal note:Dual criminality
  •  (1) Subject to subsection (3), a transfer is not available unless the Canadian offender’s conduct would have constituted a criminal offence if it had occurred in Canada at the time the Minister receives the request for a transfer.

  • Marginal note:Conduct determinative

    (2) For greater certainty, it is not relevant whether the conduct referred to in subsection (1) is named, defined or characterized by the foreign entity in the same way as it is in Canada.

  • Marginal note:Exception — children

    (3) A transfer is available to a Canadian offender who, at the time the offence was committed, was a child within the meaning of the Youth Criminal Justice Act even if their conduct would not have constituted a criminal offence if it had occurred in Canada at that time. That offender may not be detained in Canada.

Marginal note:Effect of transfer
  •  (1) A transfer may not have the effect of increasing a sentence imposed by a foreign entity or of invalidating a guilty verdict rendered, or a sentence imposed, by a foreign entity. The verdict and the sentence, if any, are not subject to any appeal or other form of review in Canada.

  • Marginal note:Evidence

    (2) A document supplied by a foreign entity that sets out a finding of guilt and a sentence, if any, and purports to be signed by a judicial official or a director of a place of confinement in the foreign entity is proof of the facts alleged, in the absence of evidence to the contrary and without proof of the signature or official character of the person appearing to have signed it.

Minister

Marginal note:Administration of Act
  •  (1) The Minister is responsible for the administration of this Act.

  • Marginal note:Designation by Minister

    (2) The Minister may, in writing, designate, by name or position, a staff member within the meaning of subsection 2(1) of the Corrections and Conditional Release Act to act on the Minister’s behalf under section 8, 12, 15, 24, 30 or 37.

Marginal note:Request for transfer

 A person may not be transferred under a treaty, or an administrative arrangement entered into under section 31 or 32, unless a request is made, in writing, to the Minister.

Consent

Marginal note:Consent of three parties
  •  (1) The consent of the three parties to a transfer — the offender, the foreign entity and Canada — is required.

  • Marginal note:Withdrawal of consent

    (2) A foreign offender — and, subject to the laws of the foreign entity, a Canadian offender — may withdraw their consent at any time before the transfer takes place.

  • Marginal note:Information about treaties

    (3) The Minister or the relevant provincial authority, as the case may be, shall inform a foreign offender, and the Minister shall take all reasonable steps to inform a Canadian offender, of the substance of any treaty — or administrative arrangement entered into under section 31 or 32 — that applies to them.

  • Marginal note:Information about sentence and other obligations

    (4) The Minister

    • (a) shall inform a Canadian offender, in writing, as to how their foreign sentence is to be served in Canada and, in the case of an offender who is required to comply with the Sex Offender Information Registration Act,

      • (i) inform them, in writing, of that obligation and of sections 4 to 7.1 of that Act and sections 490.031 and 490.0311 of the Criminal Code, and

      • (ii) on the day of the transfer at the earliest, deliver a copy of Form 1 of the schedule to

        • (A) the offender,

        • (B) the Attorney General of the province, or the minister of justice of the territory, in which the person is to be detained in custody, and

        • (C) the person in charge of the place in which the person is to be detained in custody; and

    • (b) shall deliver to a foreign offender the information with which the Minister was provided by the foreign entity as to how their Canadian sentence is to be served.

  • Marginal note:Person authorized to consent

    (5) In respect of the following persons, consent is given by whoever is authorized to consent in accordance with the laws of the province where the person is detained, is released on conditions or is to be transferred:

    • (a) a child or young person within the meaning of the Youth Criminal Justice Act;

    • (b) a person who is not able to consent and in respect of whom a verdict of not criminally responsible on account of mental disorder or of unfit to stand trial has been rendered; and

    • (c) an offender who is not able to consent.

  • 2004, c. 21, s. 8;
  • 2010, c. 17, s. 61.
Marginal note:Provincial authority
  •  (1) If a foreign offender is — or a Canadian offender would, after their transfer, be — under the authority of a province or if a Canadian offender is a child within the meaning of the Youth Criminal Justice Act, the consent of the Minister and the relevant provincial authority is required.

  • Marginal note:Purpose and principles

    (2) In determining whether to consent to a transfer, the provincial authority shall take into account the purpose and principles of this Act.

 
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