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An Act to amend the Criminal Code and another Act (S.C. 2011, c. 2)

Assented to 2011-03-23

Marginal note:2004, c. 21

INTERNATIONAL TRANSFER OF OFFENDERS ACT

6. Subsection 24(1) of the International Transfer of Offenders Act is replaced by the following:

Marginal note:Eligibility for parole — murder

  • 24. (1) Subject to subsections 17(2) and 19(1), if a Canadian 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 Code comes into force; or

    • (b) 25 years, if the offence was committed on or after that day.

TRANSITIONAL PROVISIONS

Marginal note:Existing applications

  • 7. (1) Applications that were made under section 745.6 of the Criminal Code as that section read immediately before the day on which section 3 comes into force and are still not finally disposed of on that day are to be dealt with and disposed of in accordance with the provisions of the Criminal Code as they read immediately before that day.

  • Marginal note:Further applications

    (2) A person who has made an application referred to in subsection (1) and who is the subject of a determination made under subsection 745.61(4) of the Criminal Code, as that subsection read before the day on which this subsection comes into force, or a determination or conclusion to which subsection 745.63(8) of the Criminal Code, as it read before that day, applies, may make an application under subsection 745.6(1) of the Criminal Code, as amended by subsection 3(1), within 180 days after the end of two years after the day on which the person is the subject of the determination or conclusion.

  • Marginal note:Further applications

    (3) A person who has made an application referred to in subsection (1) and in respect of whom a time is set under paragraph 745.61(3)(a) or 745.63(6)(a) of the Criminal Code, as enacted by subsections 4(3) and 5(1), respectively, may make an application under subsection 745.6(1) of the Criminal Code, as amended by subsection 3(1), within 180 days after the end of that time.

COMING INTO FORCE

Marginal note:Order in council

8. This Act comes into force on a day fixed by order of the Governor in Council.