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 and other obligations

  (4) The Minister

  • (a) shall inform a Canadian offender, in writing, as to how their foreign sentence is to be served in Canada and, in the case of an offender who is required to comply with the Sex Offender Information Registration Act,

    • (i) inform them, in writing, of that obligation and of sections 4 to 7.1 of that Act and sections 490.031 and 490.0311 of the Criminal Code, and

    • (ii) on the day of the transfer at the earliest, deliver a copy of Form 1 of the schedule to

      • (A) the offender,

      • (B) the Attorney General of the province, or the minister of justice of the territory, in which the person is to be detained in custody, and

      • (C) the person in charge of the place in which the person is to be detained in custody; and

  • (b) shall deliver to a foreign offender the information with which the Minister was provided 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.