International Transfer of Offenders Act

Marginal note:When obligation begins

• 36.2 (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.