International Transfer of Offenders Act

Marginal note:Consent of three parties

• 8 (1) The consent of the three parties to a transfer — the offender, the foreign entity and Canada — is required.

• Marginal note:Withdrawal of consent

  (2) A foreign offender — and, subject to the laws of the foreign entity, a Canadian offender — may withdraw their consent at any time before the transfer takes place.

• Marginal note:Information about treaties

  (3) The Minister or the relevant provincial authority, as the case may be, shall inform a foreign offender, and the Minister shall take all reasonable steps to inform a Canadian offender, of the substance of any treaty — or administrative arrangement entered into under section 31 or 32 — that applies to them.

• Marginal note:Information about sentence

  (4) The Minister shall, in writing, inform a Canadian offender as to how their foreign sentence is to be served in Canada and shall deliver to a foreign offender the information provided to the Minister by the foreign entity as to how their Canadian sentence is to be served.

• Marginal note:Person authorized to consent

  (5) In respect of the following persons, consent is given by whoever is authorized to consent in accordance with the laws of the province where the person is detained, is released on conditions or is to be transferred:

  • (a) a child or young person within the meaning of the Youth Criminal Justice Act;

  • (b) a person who is not able to consent and in respect of whom a verdict of not criminally responsible on account of mental disorder or of unfit to stand trial has been rendered; and

  • (c) an offender who is not able to consent.