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

Act current to 2019-11-19 and last amended on 2014-12-06. Previous Versions

Administrative Arrangements (continued)

Definition of foreign entity

 In sections 31 and 32, foreign entity means a foreign state, 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.

Marginal note:Part XX.1 of Criminal Code

  •  (1) Subject to the other provisions of this Act — and, in the case of a young person, section 141 of the Youth Criminal Justice Act — Part XX.1 of the Criminal Code applies to a person who is transferred to Canada under an administrative arrangement that was entered into under section 32. The verdict of the foreign court is deemed to be a verdict of not criminally responsible on account of mental disorder and to have been made on the day of their transfer.

  • Marginal note:Presumption

    (2) The person is deemed to be the subject of an order under paragraph 672.54(c) of the Criminal Code and a warrant of committal under section 672.57 of that Act until the Review Board of the province to which the person is transferred makes a disposition under section 672.47 of that Act. The Review Board shall, within 45 days after the day of the person’s transfer, hold a hearing and make a disposition.

  • Marginal note:Extension of time period

    (3) If the Review Board is of the opinion that there are exceptional circumstances that warrant it, it may take a maximum of 90 days to hold a hearing and make a disposition.

Marginal note:Transportation for transfer

  •  (1) A person who is discharged under paragraph 672.54(b) of the Criminal Code or detained under paragraph 672.54(c) of that Act may — with the consent of the attorney general of the province from which they are to be transported and, if applicable, the attorney general of the province to which they are to be transported — be transported to any other place in Canada in order to expedite their transfer to a foreign entity.

  • Marginal note:Warrant

    (2) If a person is to be transported in order to expedite their transfer, an officer authorized by the attorney general of the province from which they are to be transported shall sign a warrant specifying the place in Canada to which they are to be transported, the terms of their transfer and, if applicable, the place of detention.

  • Marginal note:Territories

    (3) For the purpose of this section, in respect of a territory, the relevant attorney general is the Attorney General of Canada.

Marginal note:Transportation and detention

 A warrant referred to in subsection 35(2) is sufficient authority for

  • (a) the person who is responsible for the custody and transportation of the person being transferred to convey them to the place in Canada to which they are to be transported and, if applicable, deliver them to the person in charge of the place of detention;

  • (b) the person in charge of the place of detention to detain the person being transferred; and

  • (c) the person who is responsible for the custody and transportation of the person being transferred to deliver them to the person from the foreign entity who is responsible for the transfer.

Sex Offender Information Registration Act

Marginal note:Obligation

 If the criminal offence identified under section 15 or 36.3 is one referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code, the person is required to comply with the Sex Offender Information Registration Act.

  • 2010, c. 17, s. 62
  • 2014, c. 25, s. 44

Marginal note:When obligation begins

  •  (1) The obligation begins on the day of the person’s transfer.

  • Marginal note:Duration of obligation

    (2) The obligation

    • (a) ends 10 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is two or five years;

    • (b) ends 20 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is 10 or 14 years; and

    • (c) applies for life if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is life.

  • Marginal note:Duration — if more than one offence

    (3) The obligation applies for life if the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence in respect of which the equivalent criminal offence is an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code.

  • Marginal note:Duration — if previous obligation

    (4) The obligation applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or section 227.06 of the National Defence Act.

  • Marginal note:Duration — if previous order

    (5) The obligation applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of the Criminal Code or section 227.01 of the National Defence Act.

  • Marginal note:Duration — if previous offence

    (6) The obligation applies for life if

    • (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act;

    • (b) the person was not served with a notice under section 490.021 or 490.02903 of the Criminal Code or section 227.08 of the National Defence Act in connection with that offence; and

    • (c) no order was made under subsection 490.012(1) of the Criminal Code or subsection 227.01(1) of the National Defence Act in connection with that offence.

  • 2010, c. 17, s. 62
  • 2014, c. 25, s. 45

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.

 
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