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

Marginal note:Transfer to Canada not valid

• 37 (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.