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

Act current to 2017-12-11 and last amended on 2014-12-06. Previous Versions

Marginal note:Placement

 A Canadian offender who was from 12 to 17 years old at the time the offence was committed is to be detained

  • (a) if the sentence imposed in the foreign entity could, if the offence had been committed in Canada, have been a youth sentence within the meaning of the Youth Criminal Justice Act,

    • (i) in the case of an offender who was less than 20 years old at the time of their transfer, in a youth custody facility within the meaning of that Act, and

    • (ii) in the case of an offender who was at least 20 years old at the time of their transfer, in a provincial correctional facility for adults; and

  • (b) if the sentence imposed in the foreign entity could, if the offence had been committed in Canada, have been an adult sentence within the meaning of that Act,

    • (i) in the case of an offender who was less than 18 years old at the time of their transfer, in a youth custody facility within the meaning of that Act,

    • (ii) in the case of an offender who was at least 18 years old at the time of their transfer, in a provincial correctional facility for adults if their sentence is less than two years, and

    • (iii) in the case of an offender who was at least 18 years old at the time of their transfer, in a penitentiary if their sentence is at least two years.

Sentence Calculation

Marginal note:Where committed

 Subject to section 20, a Canadian offender who was detained in a foreign entity is to be detained in Canada in

  • (a) a prison if they were sentenced to imprisonment for less than two years; or

  • (b) a penitentiary if they were sentenced to imprisonment for two years or more.

Marginal note:Credit towards completion of sentence
  •  (1) The length of a Canadian offender’s sentence equals the length of the sentence imposed by the foreign entity minus any time that was, before their transfer, recognized by the foreign entity as a reduction, other than time spent in confinement after the sentence was imposed.

  • Marginal note:Credit for time spent in confinement

    (2) The time that a Canadian offender spent in confinement, after the sentence was imposed and before their transfer, is subtracted from the length of the sentence determined in accordance with subsection (1). The resulting period constitutes the period that the offender is to serve on the sentence.

Marginal note:Eligibility for parole — general

 Subject to sections 19 and 24, a Canadian offender who is transferred to Canada is eligible for full parole on the day on which they have served, commencing on the day on which they commenced serving their sentence, the lesser of seven years and one third of the length of the sentence as determined under subsection 22(1).

Marginal note:Eligibility for parole — murder
  •  (1) Subject to subsections 17(2) and 19(1), if a Canadian offender was sentenced to imprisonment for life for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of the Criminal Code, their full parole ineligibility period is 10 years. If, in the Minister’s opinion, the documents supplied by the foreign entity show that the circumstances in which the offence was committed were such that, if it had been committed in Canada after July 26, 1976, it would have been first degree murder within the meaning of section 231 of that Act, the full parole ineligibility period is

    • (a) 15 years, if the offence was committed before the day on which paragraph 745.6(1)(a.1) of the Criminal Code comes into force; or

    • (b) 25 years, if the offence was committed on or after that day.

  • Marginal note:Multiple murders

    (2) Subject to subsection (3), if a Canadian offender who was subject to a sentence of imprisonment for life for a conviction for murder, or an offence that, if it had been committed in Canada, would have constituted murder, within the meaning of the Criminal Code, received an additional sentence of imprisonment for life — imposed by the foreign entity for a conviction for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of that Act — the full parole ineligibility period in respect of the additional sentence is established under section 745 of that Act.

  • Marginal note:Exception — second degree murder

    (3) If the additional sentence referred to in subsection (2) is in respect of a conviction for an offence that, if it had been committed in Canada, would have constituted second degree murder within the meaning of section 231 of the Criminal Code — and if the offence was committed before all of the Canadian offender’s convictions for murder, or for offences that, if they had been committed in Canada, would have constituted murder, within the meaning of that Act — the full parole ineligibility period in respect of the additional sentence is 10 years.

  • Marginal note:Credit for time spent in custody

    (4) In calculating the period of imprisonment for the purpose of this section, the time served by an offender includes any time spent in custody between the day on which they were arrested and taken into custody for the offence for which they were sentenced and the day on which the sentence was imposed.

  • 2004, c. 21, s. 24;
  • 2011, c. 2, s. 6.
Marginal note:Temporary absence and day parole — persons convicted of murder

 Subject to section 746.1 of the Criminal Code,

Marginal note:Statutory release — penitentiary
  •  (1) If a Canadian offender is detained in a penitentiary, they are entitled to be released on statutory release on the day on which they have served, commencing on the day of their transfer, two thirds of the period determined in accordance with subsection 22(2).

  • Marginal note:Release — prison

    (2) If a Canadian offender is detained in a prison, they are entitled to be released on the day on which they have served, commencing on the day of their transfer, the period determined in accordance with subsection 22(2) less the amount of any remission earned under the Prisons and Reformatories Act on that period.

Marginal note:If eligible for parole, etc., before transfer

 If, under the Corrections and Conditional Release Act or the Criminal Code, the day on which a Canadian offender is eligible for a temporary absence, day parole or full parole is before the day of their transfer, the day of their transfer is deemed to be their day of eligibility.

Marginal note:Review by Board

 Despite sections 122 and 123 of the Corrections and Conditional Release Act, the Parole Board of Canada is not required to review the case of a Canadian offender until six months after the day of their transfer.

  • 2004, c. 21, s. 28;
  • 2012, c. 1, s. 160.
Marginal note:Application
  •  (1) Subject to this Act, a Canadian offender who is transferred to Canada is subject to the Corrections and Conditional Release Act, the Prisons and Reformatories Act and the Youth Criminal Justice Act as if they had been convicted and their sentence imposed by a court in Canada.

  • Marginal note:Canadian sentence

    (2) If, before the transfer, a Canadian offender is subject to a Canadian sentence of imprisonment, they are

    • (a) eligible for full parole on the later of

    • (b) entitled to statutory release on the later of

      • (i) the day established in accordance with section 26, and

      • (ii) the statutory release date established under that Act.

 
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