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) subject to subsections (3) and (4), 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) subject to subsections (3) and (4), 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) or (f) of the definition primary 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, before or after the coming into force of paragraphs (a) and (b),

  • (a) was previously convicted of a primary offence, as defined in subsection 490.011(1) of the Criminal Code, or previously convicted under section 130 of the National Defence Act in respect of such a primary offence; or

  • (b) is or was subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.

• (5) [Repealed, 2023, c. 28, s. 46]

• (6) [Repealed, 2023, c. 28, s. 46]