An Act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences (S.C. 2004, c. 21)

Full Document:

Assented to 2004-05-14

TRANSITIONAL PROVISION

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

39. The definition “sentence” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

“sentence” « peine » ou « peine d'emprisonnement »: “sentence” means a sentence of imprisonment and includes a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act and a youth sentence imposed under the Youth Criminal Justice Act;

40. (1) Unless the context requires otherwise, every reference to “Transfer of Offenders Act” is replaced by a reference to “International Transfer of Offenders Act” in any other Act of Parliament, and more particularly in the following provisions:
- (a) subsection 107(1) and paragraph 138(3)(b) of the Corrections and Conditional Release Act; and
- (b) section 3 of the Criminal Records Act.
Marginal note:References in regulations, etc.
(2) Unless the context requires otherwise, every reference to “Transfer of Offenders Act” is replaced by a reference to “International Transfer of Offenders Act” in any regulation, as defined in section 2 of the Statutory Instruments Act, and in any other instrument made in the execution of a power conferred under an Act of Parliament or by order or under the authority of the Governor in Council, and more particularly in paragraph 136(1)(d) of the Corrections and Conditional Release Regulations.

41. (1) Subsections (2) and (3) apply if Bill C-18, introduced in the 2nd Session of the 37th Parliament and entitled the Citizenship of Canada Act (referred to in this section as the “other Act”), receives royal assent.
(2) If section 71 of the other Act comes into force before, or at the same time as, section 42 of this Act, then, on the coming into force of section 42 of this Act, the definition “Canadian offender” in section 2 of this Act is replaced by the following:
“Canadian offender”
« délinquant canadien »
“Canadian offender” means a Canadian citizen within the meaning of the Citizenship of Canada 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.
(3) If section 42 of this Act comes into force before section 71 of the other Act, then, on the coming into force of section 42 of this Act, paragraph 71(e) of the other Act is replaced by the following:
- (e) the definition “Canadian offender” in section 2 of the International Transfer of Offenders Act.

42. The Transfer of Offenders Act, chapter T-15 of the Revised Statutes of Canada, 1985, and any regulation made under it are repealed.

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