International Transfer of Offenders Act (S.C. 2004, c. 21)

Marginal note: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.

• Marginal note: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.

• Marginal note:Territories

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

Marginal note: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.

Sex Offender Information Registration Act

Marginal note:Obligation

36.1 If the criminal offence identified under section 15 or 36.3 is an offence referred to in paragraph (a) or (f) of the definition primary offence in subsection 490.011(1) of the Criminal Code, the person is required to comply with the Sex Offender Information Registration 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]

Marginal note: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.

• Marginal note: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.

General Provision

Marginal note: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.

• 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.

Transitional Provision

Marginal note: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.

Consequential Amendment

Corrections and Conditional Release Act

39 [Amendment]

References

40 [Amendments]

Coordinating Amendment

41 [Amendments]

Repeal

42 [Repeal]

Coming into Force

Marginal note:Coming into force

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

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