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:Not criminally responsible — equivalent offence
  •  (1) If a request is made to transfer a person in respect of whom a verdict of not criminally responsible on account of mental disorder was rendered for an offence that consists of one or more acts that are sexual in nature, the Minister shall identify the criminal offence that, at the time the Minister receives the request, is equivalent to that offence.

  • Marginal note:Not criminally responsible — delivery of Form 1

    (2) If the person is required to comply with the Sex Offender Information Registration Act, the Minister shall deliver a copy of Form 1 of the schedule to the Review Board of the province to which the person is transferred.

  • 2010, c. 17, s. 62.

General Provision

Marginal note:Transfer to Canada not valid
  •  (1) The foreign sentence of a person transferred to Canada under this Act is enforceable in Canada unless a court determines that, because the person is not a Canadian citizen, the transfer is not valid.

  • Marginal note:Minister to notify foreign entity and other ministers

    (2) If the court declares that the transfer of the person to Canada is not valid, the Minister shall notify the foreign entity, the minister responsible for the Immigration and Refugee Protection Act and the minister responsible for the Extradition Act that the transfer is not valid.

  • Marginal note:Transfer to foreign entity not valid

    (3) If a foreign entity declares that the transfer of a foreign offender is not valid, the Canadian sentence that they were serving before the transfer is enforceable in Canada.

Transitional Provision

Marginal note:Application to pending cases

 This Act applies in respect of all requests for transfer that are pending on the day that this section comes into force.

Consequential Amendment

Corrections and Conditional Release Act




Coordinating Amendment




Coming into Force

Marginal note:Coming into force

Footnote * This Act, other than section 41, comes into force on a day to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Section 41 in force on assent May 14, 2004; Act, other than section 41, in force October 29, 2004, see SI/2004-140.]

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