On LinkedIN

International Transfer
of Offenders Act

S.C. 2004, c. 21

Assented to 2004-05-14

An Act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Table of Contents

Short Title

Short title

1. This Act may be cited as the International Transfer of Offenders Act.

⚖ Judicial Consideration —

Click here for relevant cases

Interpretation

Definitions

2. The following definitions apply in this Act.

Canadian offender means a Canadian citizen within the meaning of the Citizenship Act who has been found guilty of an offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in a foreign entity — and whose verdict and sentence may no longer be appealed. ( délinquant canadien)

criminal offense means an offence against an Act of Parliament. (infraction criminelle)

foreign entity, other than in sections 31 and 32 , means a foreign state — or a province, state or other political subdivision of a foreign state, a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a foreign state or a territory or other entity, including an international criminal tribunal — with which Canada has entered into a treaty on the transfer of offenders or an administrative arrangement referred to in section 31 or 32. (entité étrangère)

foreign offender means a citizen or national of a foreign entity who has been found guilty of a criminal offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in Canada — and whose verdict and sentence may no longer be appealed. (délinquant étranger)

Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

penitentiary has the same meaning as in subsection 2(1) of the Corrections and Conditional Release Act. (pénitencier)

prison means a place of confinement other than a penitentiary. (prison)

treaty includes an international agreement or convention, but does not include an administrative arrangement entered into under section 31 or 32. ( traité)

2004, c. 21, s. 2; 2005, c. 10, s. 34.

Previous Version

⚖ Judicial Consideration —

Click here for relevant cases

Purpose and Principles

Purpose

3 The purpose of this Act is to enhance public safety and to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals.

2004, c. 21, s. 3; 2012, c. 1, s. 135.

Previous Version

⚖ Judicial Consideration —

Click here for relevant cases

Dual criminality

4 (1) Subject to subsection (3), a transfer is not available unless the Canadian offender’s conduct would have constituted a criminal offence if it had occurred in Canada at the time the Minister receives the request for a transfer.

Conduct determinative

(2) For greater certainty, it is not relevant whether the conduct referred to in subsection (1) is named, defined or characterized by the foreign entity in the same way as it is in Canada.

Exception — children

(3) A transfer is available to a Canadian offender who, at the time the offence was committed, was a child within the meaning of the Youth Criminal Justice Act even if their conduct would not have constituted a criminal offence if it had occurred in Canada at that time. That offender may not be detained in Canada.

⚖ Judicial Consideration —

Click here for relevant cases

Effect of transfer

5 (1) A transfer may not have the effect of increasing a sentence imposed by a foreign entity or of invalidating a guilty verdict rendered, or a sentence imposed, by a foreign entity. The verdict and the sentence, if any, are not subject to any appeal or other form of review in Canada.

Evidence

(2) A document supplied by a foreign entity that sets out a finding of guilt and a sentence, if any, and purports to be signed by a judicial official or a director of a place of confinement in the foreign entity is proof of the facts alleged, in the absence of evidence to the contrary and without proof of the signature or official character of the person appearing to have signed it.

⚖ Judicial Consideration —

Click here for relevant cases

Minister

Administration of Act

6 (1) The Minister is responsible for the administration of this Act.

Designation by Minister

(2) The Minister may, in writing, designate, by name or position, a staff member within the meaning of subsection 2(1) of the Corrections and Conditional Release Act to act on the Minister’s behalf under section 8, 12, 15, 24, 30 or 37.

⚖ Judicial Consideration —

Click here for relevant cases

Request for transfer

7 A person may not be transferred under a treaty, or an administrative arrangement entered into under section 31 or 32 , unless a request is made, in writing, to the Minister.

⚖ Judicial Consideration —

Click here for relevant cases

Consent of three parties

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

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.

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.

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.

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.

2004, c. 21, s. 8; 2010, c. 17, s. 61.

Previous Version

⚖ Judicial Consideration —

Click here for relevant cases

Provincial authority

9 (1) If a foreign offender is — or a Canadian offender would, after their transfer, be — under the authority of a province or if a Canadian offender is a child within the meaning of the Youth Criminal Justice Act, the consent of the Minister and the relevant provincial authority is required.

Purpose and principles

(2) In determining whether to consent to a transfer, the provincial authority shall take into account the purpose and principles of this Act.

⚖ Judicial Consideration —

Click here for relevant cases

Factors — Canadian offenders

10 (1) In determining whether to consent to the transfer of a Canadian offender, the Minister may consider the following factors:

  • (a) whether, in the Minister’s opinion, the offender’s return to Canada will constitute a threat to the security of Canada;
  • (b) whether, in the Minister’s opinion, the offender’s return to Canada will endanger public safety, including
    • (i) the safety of any person in Canada who is a victim, as defined in subsection 2(1) of the Corrections and Conditional Release Act , of an offence committed by the offender,
    • (ii) the safety of any member of the offender’s family, in the case of an offender who has been convicted of an offence against a family member, or
    • (iii) the safety of any child, in the case of an offender who has been convicted of a sexual offence involving a child;
  • (c) whether, in the Minister’s opinion, the offender is likely to continue to engage in criminal activity after the transfer;
  • (d) whether, in the Minister’s opinion, the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence;
  • (e) whether, in the Minister’s opinion, the foreign entity or its prison system presents a serious threat to the offender’s security or human rights;
  • (f) whether the offender has social or family ties in Canada;
  • (g) the offender’s health;
  • (h) whether the offender has refused to participate in a rehabilitation or reintegration program;
  • (i) whether the offender has accepted responsibility for the offence for which they have been convicted, including by acknowledging the harm done to victims and to the community;
  • (j) the manner in which the offender will be supervised, after the transfer, while they are serving their sentence;
  • (k) whether the offender has cooperated, or has undertaken to cooperate, with a law enforcement agency; or
  • (l) any other factor that the Minister considers relevant.

Factors — Canadian and foreign offenders

(2) In determining whether to consent to the transfer of a Canadian or foreign offender, the Minister may consider the following factors:

  • (a) whether, in the Minister’s opinion, the offender will, after the transfer, commit a terrorism offence or criminal organization offence within the meaning of section 2 of the Criminal Code; and
  • (b) whether the offender was previously transferred under this Act or the Transfer of Offenders Act, chapter T-15 of the Revised Statutes of Canada, 1985.

Additional factor — Canadian young persons

(3) In determining whether to consent to the transfer of a Canadian offender who is a young person within the meaning of the Youth Criminal Justice Act, the Minister and the relevant provincial authority shall consider the best interests of the young person.

Primary consideration — Canadian children

(4) In determining whether to consent to the transfer of a Canadian offender who is a child within the meaning of the Youth Criminal Justice Act, the primary consideration of the Minister and the relevant provincial authority is to be the best interests of the child.

2004, c. 21, s. 10; 2012, c. 1, s. 136.

Previous Version

⚖ Judicial Consideration —

Click here for relevant cases

Writing

11 (1) A consent, a refusal of consent or a withdrawal of consent is to be given in writing.

Reasons

(2) If the Minister does not consent to a transfer, the Minister shall give reasons.

⚖ Judicial Consideration —

Click here for relevant cases

Consent voluntary

12 The Minister shall take all reasonable steps to determine whether an offender’s consent has been given voluntarily.

⚖ Judicial Consideration —

Click here for relevant cases

Continued Enforcement and Adaptation

Continued enforcement

13 The enforcement of a Canadian offender’s sentence is to be continued in accordance with the laws of Canada as if the offender had been convicted and their sentence imposed by a court in Canada.

⚖ Judicial Consideration —

Click here for relevant cases

Adaptation

14 Subject to subsection 17(1) and section 18, if, at the time the Minister receives a request for the transfer of a Canadian offender, the sentence imposed by the foreign entity is longer than the maximum sentence provided for in Canadian law for the equivalent offence, the Canadian offender is to serve only the shorter sentence.

⚖ Judicial Consideration —

Click here for relevant cases

Equivalent offence

15 For the purposes of the application of any Act of Parliament to a Canadian offender, the Minister shall identify the criminal offence that, at the time the Minister receives their request for a transfer, is equivalent to the offence of which the Canadian offender was convicted.

⚖ Judicial Consideration —

Click here for relevant cases

Probation

Deemed probation order

16 A foreign sentence that consists of a period of supervision, other than by reason of conditional release — or a period of supervision that is, other than by reason of a conditional release, an element of a foreign sentence of imprisonment of less than two years — is deemed to be a probation order under section 731 of the Criminal Code, to a maximum of three years, or under paragraph 42(2)(k) of the Youth Criminal Justice Act, to a maximum of two years.

⚖ Judicial Consideration —

Click here for relevant cases

Young Persons

Transfer of young person — 12 or 13 years old

17 (1) Subject to subsection (2), and if the following conditions are met, the maximum sentence to be enforced in Canada is the maximum youth sentence that could have been imposed under the Youth Criminal Justice Act:

  • (a) the Canadian offender was, at the time the offence was committed, 12 or 13 years old; and
  • (b) their sentence is longer than the maximum youth sentence that could have been imposed under that Act for an equivalent offence.

Sentence for young person convicted of murder — 12 or 13 years old

(2) A Canadian offender who was 12 or 13 years old at the time the offence was committed and whose conduct, if it had occurred in Canada, would have constituted first or second degree murder within the meaning of section 231 of the Criminal Code is required to serve

  • (a) the sentence imposed by the foreign entity — if less than ten years, in the case of first degree murder, or less than seven years, in the case of second degree murder — consisting, in the same proportion as in paragraph 42(2)(q) of the Youth Criminal Justice Act, of a committal to custody and a placement under conditional supervision to be served in the community; or
  • (b) the maximum sentence that could be imposed under paragraph 42(2)(q) of that Act if the sentence imposed by the foreign entity was ten years or more in the case of first degree murder or seven years or more in the case of second degree murder.

⚖ Judicial Consideration —

Click here for relevant cases

Transfer of young person — 14 to 17 years old

18 A Canadian offender is deemed to be serving an adult sentence within the meaning of the Youth Criminal Justice Act if

  • (a) the Canadian offender was, at the time the offence was committed, from 14 to 17 years old; and
  • (b) their sentence is longer than the maximum youth sentence that could have been imposed under that Act for an equivalent offence.

⚖ Judicial Consideration —

Click here for relevant cases

Parole eligibility for young person convicted of murder — 14 to 17 years old

19 (1) A Canadian offender who was from 14 to 17 years old at the time the offence was committed, and who was sentenced to imprisonment for life for conduct that, if it had occurred in Canada, would have constituted first or second degree murder within the meaning of section 231 of the Criminal Code, is deemed to be serving an adult sentence within the meaning of the Youth Criminal Justice Act. They are eligible for full parole on the day on which they have served the shorter of

  • (a) the period of ineligibility imposed by the foreign entity, and
  • (b) either
    • (i) five years, if they were 14 or 15 years old at the time the offence was committed, or
    • (ii) ten years, in the case of first degree murder, or seven years, in the case of second degree murder, if they were 16 or 17 years old at the time the offence was committed.

Deemed to have received adult sentence

(2) A Canadian offender who was from 14 to 17 years old at the time the offence was committed and who received a sentence for a determinate period of more than ten years for conduct that, if it had occurred in Canada, would have constituted first degree murder within the meaning of section 231 of the Criminal Code — or of more than seven years for conduct that, if it had occurred in Canada, would have constituted second degree murder within the meaning of that section — is deemed to have received an adult sentence within the meaning of the Youth Criminal Justice Act.

Deemed to have received youth sentence

(3) A Canadian offender who was from 14 to 17 years old at the time the offence was committed and who received a sentence for a determinate period of ten years or less for conduct that, if it had occurred in Canada, would have constituted first degree murder within the meaning of section 231 of the Criminal Code — or of seven years or less for conduct that, if it had occurred in Canada, would have constituted second degree murder within the meaning of that section — is deemed to have received a youth sentence within the meaning of the Youth Criminal Justice Act.

⚖ Judicial Consideration —

Click here for relevant cases

Placement

20 A Canadian offender who was from 12 to 17 years old at the time the offence was committed is to be detained

  • (a) if the sentence imposed in the foreign entity could, if the offence had been committed in Canada, have been a youth sentence within the meaning of the Youth Criminal Justice Act ,
    • (i) in the case of an offender who was less than 20 years old at the time of their transfer, in a youth custody facility within the meaning of that Act, and
    • (ii) in the case of an offender who was at least 20 years old at the time of their transfer, in a provincial correctional facility for adults; and
  • (b) if the sentence imposed in the foreign entity could, if the offence had been committed in Canada, have been an adult sentence within the meaning of that Act,
    • (i) in the case of an offender who was less than 18 years old at the time of their transfer, in a youth custody facility within the meaning of that Act,
    • (ii) in the case of an offender who was at least 18 years old at the time of their transfer, in a provincial correctional facility for adults if their sentence is less than two years, and
    • (iii) in the case of an offender who was at least 18 years old at the time of their transfer, in a penitentiary if their sentence is at least two years.

⚖ Judicial Consideration —

Click here for relevant cases

Sentence Calculation

Where committed

21 Subject to section 20, a Canadian offender who was detained in a foreign entity is to be detained in Canada in

  • (a) a prison if they were sentenced to imprisonment for less than two years; or
  • (b) a penitentiary if they were sentenced to imprisonment for two years or more.

⚖ Judicial Consideration —

Click here for relevant cases

Credit towards completion of sentence

22 (1) The length of a Canadian offender’s sentence equals the length of the sentence imposed by the foreign entity minus any time that was, before their transfer, recognized by the foreign entity as a reduction, other than time spent in confinement after the sentence was imposed.

Credit for time spent in confinement

(2) The time that a Canadian offender spent in confinement, after the sentence was imposed and before their transfer, is subtracted from the length of the sentence determined in accordance with subsection (1). The resulting period constitutes the period that the offender is to serve on the sentence.

⚖ Judicial Consideration —

Click here for relevant cases

Eligibility for parole — general

23 Subject to sections 19 and 24, a Canadian offender who is transferred to Canada is eligible for full parole on the day on which they have served, commencing on the day on which they commenced serving their sentence, the lesser of seven years and one third of the length of the sentence as determined under subsection 22(1).

⚖ Judicial Consideration —

Click here for relevant cases

Eligibility for parole — murder

24 (1) Subject to subsections 17(2) and 19(1), if a Can adian offender was sentenced to imprisonment for life for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of the Criminal Code, their full parole ineligibility period is 10 years. If, in the Minister’s opinion, the documents supplied by the foreign entity show that the circumstances in which the offence was committed were such that, if it had been committed in Canada after July 26, 1976, it would have been first degree murder within the meaning of section 231 of that Act, the full parole ineligibility period is

  • (a) 15 years, if the offence was committed before the day on which paragraph 745.6(1)(a.1) of the Criminal Codecomes into force; or
  • (b) 25 years, if the offence was committed on or after that day.

Multiple murders

(2) Subject to subsection (3), if a Canadian offender who was subject to a sentence of imprisonment for life for a conviction for murder, or an offence that, if it had been committed in Canada, would have constituted murder, within the meaning of the Criminal Code, received an additional sentence of imprisonment for life — imposed by the foreign entity for a conviction for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of that Act — the full parole ineligibility period in respect of the additional sentence is established under section 745 of that Act.

Exception — second degree murder

(3) If the additional sentence referred to in subsection (2) is in respect of a conviction for an offence that, if it had been committed in Canada, would have constituted second degree murder within the meaning of section 231 of the Criminal Code — and if the offence was committed before all of the Canadian offender’s convictions for murder, or for offences that, if they had been committed in Canada, would have constituted murder, within the meaning of that Act — the full parole ineligibility period in respect of the additional sentence is 10 years.

Credit for time spent in custody

(4) In calculating the period of imprisonment for the purpose of this section, the time served by an offender includes any time spent in custody between the day on which they were arrested and taken into custody for the offence for which they were sentenced and the day on which the sentence was imposed.

2004, c. 21, s. 24; 2011, c. 2, s. 6.

Previous Version

⚖ Judicial Consideration —

Click here for relevant cases

Temporary absence and day parole — persons convicted of murder

25 Subject to section 746.1 of the Criminal Code,

⚖ Judicial Consideration —

Click here for relevant cases

Statutory release — penitentiary

26 (1) If a Canadian offender is detained in a penitentiary, they are entitled to be released on statutory release on the day on which they have served, commencing on the day of their transfer, two thirds of the period determined in accordance with subsection 22(2).

Release — prison

(2) If a Canadian offender is detained in a prison, they are entitled to be released on the day on which they have served, commencing on the day of their transfer, the period determined in accordance with subsection 22(2) less the amount of any remission earned under the Prisons and Reformatories Act on that period.

⚖ Judicial Consideration —

Click here for relevant cases

If eligible for parole, etc., before transfer

27 If, under the Corrections and Conditional Release Act or the Criminal Code, the day on which a Canadian offender is eligible for a temporary absence, day parole or full parole is before the day of their transfer, the day of their transfer is deemed to be their day of eligibility.

⚖ Judicial Consideration —

Click here for relevant cases

Review by Board

28 Despite sections 122 and 123 of the Corrections and Conditional Release Act , the Parole Board of Canada is not required to review the case of a Canadian offender until six months after the day of their transfer.

2004, c. 21, s. 28; 2012, c. 1, s. 160.

Previous Version

⚖ Judicial Consideration —

Click here for relevant cases

Application

29 (1) Subject to this Act, a Canadian offender who is transferred to Canada is subject to the Corrections and Conditional Release Act, the Prisons and Reformatories Act and the Youth Criminal Justice Act as if they had been convicted and their sentence imposed by a court in Canada.

Canadian sentence

(2) If, before the transfer, a Canadian offender is subject to a Canadian sentence of imprisonment, they are

  • (a) eligible for full parole on the later of
  • (b) entitled to statutory release on the later of
    • (i) the day established in accordance with section 26, and
    • (ii) the statutory release date established under that Act.

⚖ Judicial Consideration —

Click here for relevant cases

Compassionate Measures

Canadian offender

30 (1) A Canadian offender shall benefit from any compassionate measures — including a cancellation of their conviction or shortening of their sentence — taken by a foreign entity after the transfer.

Foreign offender

(2) The Minister shall take all reasonable steps to inform the foreign entity and the foreign offender of any compassionate measures taken by Canada after the transfer.

⚖ Judicial Consideration —

Click here for relevant cases

Administrative Arrangements

Administrative arrangements — offenders

31 If no treaty is in force between Canada and a foreign entity on the transfer of offenders, the Minister of Foreign Affairs may, with the consent of the Minister, enter into an administrative arrangement with the foreign entity for the transfer of an offender in accordance with this Act.

⚖ Judicial Consideration —

Click here for relevant cases

Administrative arrangements — mentally disordered persons

32 (1) If the relevant provincial authority consents to the transfer, the Minister of Foreign Affairs may, with the consent of the Minister, enter into an administrative arrangement with a foreign entity for the transfer, in accordance with this Act, of a person in respect of whom a verdict of unfit to stand trial or not criminally responsible on account of mental disorder was rendered and may no longer be appealed.

Consent — provincial authority

(2) The consent of a provincial authority to a transfer under this section shall take into account the purpose and principles of this Act. Consent to the transfer of a person in respect of whom a verdict of not criminally responsible on account of mental disorder has been rendered — or of a citizen or national of a foreign entity in respect of whom a verdict of unfit to stand trial has been rendered — is given by the attorney general of a province or, in the case of a territory, the Attorney General of Canada, on the recommendation of the relevant Review Board established under section 672.38 of the Criminal Code. Consent to the transfer of a Canadian citizen in respect of whom a verdict of unfit to stand trial has been rendered in a foreign entity is given by the relevant provincial authority.

Factors — provincial authority

(3) A Review Board, in deciding whether to recommend to the attorney general that a person be transferred — and the relevant provincial authority, in deciding whether to consent to a transfer under subsection (2) — shall consider the following factors:

  • (a) the best interests of the person, including their mental condition, the likelihood of their reintegration into society and their treatment and other needs; and
  • (b) the need to protect society from dangerous persons.

Additional factor — unfit to stand trial

(4) The attorney general, in deciding whether to consent to the transfer to a foreign entity of a person in respect of whom a verdict of unfit to stand trial has been rendered, shall consider their ability to effectively prosecute the case in the event that the person becomes fit to stand trial.

⚖ Judicial Consideration —

Click here for relevant cases

Definition of foreign entity

33 In sections 31 and 32, foreign entity means a foreign state, a province, state or other political subdivision of a foreign state, a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a foreign state or a territory or other entity, including an international criminal tribunal.

⚖ Judicial Consideration —

Click here for relevant cases

Part XX.1 of Criminal Code

34 (1) Subject to the other provisions of this Act — and, in the case of a young person, section 141 of the Youth Criminal Justice Act — Part XX.1 of the Criminal Code applies to a person who is transferred to Canada under an administrative arrangement that was entered into under section 32. The verdict of the foreign court is deemed to be a verdict of not criminally responsible on account of mental disorder and to have been made on the day of their transfer.

Presumption

(2) The person is deemed to be the subject of an order under paragraph 672.54(c) of the Criminal Code and a warrant of committal under section 672.57 of that Act until the Review Board of the province to which the person is transferred makes a disposition under section 672.47 of that Act. The Review Board shall, within 45 days after the day of the person’s transfer, hold a hearing and make a disposition.

Extension of time period

(3) If the Review Board is of the opinion that there are exceptional circumstances that warrant it, it may take a maximum of 90 days to hold a hearing and make a disposition.

⚖ Judicial Consideration —

Click here for relevant cases

Transportation for transfer

35 (1) A person who is discharged under paragraph 672.54(b) of the Criminal Code or detained under paragraph 672.54(c) of that Act may — with the consent of the attorney general of the province from which they are to be transported and, if applicable, the attorney general of the province to which they are to be transported — be transported to any other place in Canada in order to expedite their transfer to a foreign entity.

Warrant

(2) If a person is to be transported in order to expedite their transfer, an officer authorized by the attorney general of the province from which they are to be transported shall sign a warrant specifying the place in Canada to which they are to be transported, the terms of their transfer and, if applicable, the place of detention.

Territories

(3) For the purpose of this section, in respect of a territory, the relevant attorney general is the Attorney General of Canada.

⚖ Judicial Consideration —

Click here for relevant cases

Transportation and detention

36 A warrant referred to in subsection 35(2) is sufficient authority for

  • (a) the person who is responsible for the custody and transportation of the person being transferred to convey them to the place in Canada to which they are to be transported and, if applicable, deliver them to the person in charge of the place of detention;
  • (b) the person in charge of the place of detention to detain the person being transferred; and
  • (c) the person who is responsible for the custody and transportation of the person being transferred to deliver them to the person from the foreign entity who is responsible for the transfer.

⚖ Judicial Consideration —

Click here for relevant cases

Sex Offender Information Registration Act

Obligation

36.1 If the criminal offence identified under section 15 or 36.3 is one 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, the person is required to comply with the Sex Offender Information Registration Act.

2010, c. 17, s. 62; 2014, c. 25, s. 44.

Previous Version

⚖ Judicial Consideration —

Click here for relevant cases

When obligation begins

36.2 (1) The obligation begins on the day of the person’s transfer.

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.

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.

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.

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.

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.

2010, c. 17, s. 62; 2014, c. 25, s. 45.

Previous Version

⚖ Judicial Consideration —

Click here for relevant cases

Not criminally responsible — equivalent offence

36.3 (1) If a request is made to transfer a person in respect of whom a verdict of not criminally responsible on account of mental disorder was rendered for an offence that consists of one or more acts that are sexual in nature, the Minister shall identify the criminal offence that, at the time the Minister receives the request, is equivalent to that offence.

Not criminally responsible — delivery of Form 1

(2) If the person is required to comply with the Sex Offender Information Registration Act, the Minister shall deliver a copy of Form 1 of the schedule to the Review Board of the province to which the person is transferred.

2010, c. 17, s. 62.

⚖ Judicial Consideration —

Click here for relevant cases

General Provision

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.

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.

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.

⚖ Judicial Consideration —

Click here for relevant cases

Transitional Provision

Application to pending cases

38 This Act applies in respect of all requests for transfer that are pending on the day that this section comes into force.

⚖ Judicial Consideration —

Click here for relevant cases

Consequential Amendment

Corrections and Conditional Release Act

39 [Amendment]

⚖ Judicial Consideration —

Click here for relevant cases

References

40 [Amendments]

⚖ Judicial Consideration —

Click here for relevant cases

Coordinating Amendment

41 [Amendments]

⚖ Judicial Consideration —

Click here for relevant cases

Repeal

42 [Repeal]

⚖ Judicial Consideration —

Click here for relevant cases

Coming into Force

Coming into force

*43 This Act, other than section 41, comes into force on a day to be fixed by order of the Governor in Council.

*[Note: Section 41 in force on assent May 14, 2004; Act, other than section 41, in force October 29, 2004, see SI/2004-140.]

⚖ Judicial Consideration —

Click here for relevant cases

SCHEDULE

(Subparagraph 8(4)(a)(ii) and subsection 36.3(2))

FORM 1

Obligation To Comply with Sex Offender Information Registration Act

To A.B., of , (occupation), (address in Canada), (date of birth), (gender):

Because you are being transferred to Canada under the International Transfer of Offenders Act;

And because you were convicted of or found not criminally responsible on account of mental disorder for (description, date and location of offence(s)) that the Minister has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of the Criminal Code), a designated offence (or designated offences) as defined in subsection 490.011(1) of the Criminal Code;

You are provided with this to inform you that you are required to comply with the Sex Offender Information Registration Actcommencing on the day of your transfer.

1 You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(2) of that Act.

2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of years after the day on which you were sentenced or found not criminally responsible on account of mental disorder for the offence (or if paragraph 36.2(2)(c) or any of subsections 36.2(3) to (6) of the International Transfer of Offenders Act applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for (description of offence(s)) under (applicable designated offence provision(s) of the Criminal Code), a designated offence (or designated offences) within the meaning of subsection 490.011(1) of the Criminal Code).

3 Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.

4 Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act.

5 If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act to correct the information.

6 You have the right to apply to a court to terminate the obligation to comply with the Sex Offender Information Registration Actand the right to appeal the decision of that court.

7 If you are found to have not complied with the Sex Offender Information Registration Act, you may be subject to a fine or imprisonment, or to both.

8 If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both.

For administrative use only:

Transferred on (date).

Sentence imposed or verdict of not criminally responsible on account of mental disorder rendered on (date).

2010, c. 17, s. 63.

Links