An Act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences (S.C. 2004, c. 21)

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Assented to 2004-05-14

GENERAL PROVISION

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.

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

39. The definition “sentence” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

“sentence” « peine » ou « peine d'emprisonnement »: “sentence” means a sentence of imprisonment and includes a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act and a youth sentence imposed under the Youth Criminal Justice Act;

40. (1) Unless the context requires otherwise, every reference to “Transfer of Offenders Act” is replaced by a reference to “International Transfer of Offenders Act” in any other Act of Parliament, and more particularly in the following provisions:
- (a) subsection 107(1) and paragraph 138(3)(b) of the Corrections and Conditional Release Act; and
- (b) section 3 of the Criminal Records Act.
Marginal note:References in regulations, etc.
(2) Unless the context requires otherwise, every reference to “Transfer of Offenders Act” is replaced by a reference to “International Transfer of Offenders Act” in any regulation, as defined in section 2 of the Statutory Instruments Act, and in any other instrument made in the execution of a power conferred under an Act of Parliament or by order or under the authority of the Governor in Council, and more particularly in paragraph 136(1)(d) of the Corrections and Conditional Release Regulations.