National Defence Act

Marginal note:Transfer of offenders

• 226 (1) A person who has been found guilty of an offence by a civil court in Canada or by a civil or military tribunal of any country other than Canada and sentenced to a term of incarceration may, with the approval of the Chief of the Defence Staff or an officer designated by the Chief of the Defence Staff, be transferred to the custody of the appropriate civil or military authorities of Canada for incarceration under this Act.

• Marginal note:Imprisonment or detention of offenders transferred

  (2) A person transferred under subsection (1) may, in lieu of the incarceration to which that person was sentenced, be imprisoned or detained for the term or the remainder of the term of incarceration to which he was sentenced as though that person had been sentenced to that term by a court martial, and the provisions of this Division are applicable in respect of every person so transferred as though the person had been so sentenced.

• Marginal note:Restriction

  (3) A person who has been found guilty of an offence by a civil court in Canada shall not,

  • (a) if sentenced by the civil court to a term of less than two years, be transferred under subsection (1) without the consent of the attorney general of the province in which that person is incarcerated; or

  • (b) if sentenced by the civil court to imprisonment for life or a term of two years or more, be transferred under subsection (1) without the consent of the Attorney General of Canada.