- (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
- (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
Marginal note: 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.
- Marginal note: 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.
Marginal note: 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;
- (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.
- 2004, c. 21, s. 10
- 2012, c. 1, s. 136
Marginal note: Writing
- 11 (1) A consent, a refusal of consent or a withdrawal of consent is to be given in writing.
- Marginal note: Reasons (2) If the Minister does not consent to a transfer, the Minister shall give reasons.
Marginal note: Consent voluntary
12 The Minister shall take all reasonable steps to determine whether an offender’s consent has been given voluntarily.
Continued Enforcement and Adaptation
Marginal note: 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.
Marginal note: 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.
Marginal note: 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.
Probation
Marginal note: 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.
Young Persons
Marginal note: 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.
- (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.
Marginal note: 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.
Marginal note: 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.
Marginal note: 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
- (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.
Sentence Calculation
Marginal note: 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.
Marginal note: 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.
- Marginal note: 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.
Marginal note: 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).
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.
- 2004, c. 21, s. 24
- 2011, c. 2, s. 6
Marginal note: Temporary absence and day parole — persons convicted of murder
25 Subject to section 746.1 of the Criminal Code ,
- (a) a Canadian offender who is transferred to Canada — and 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 that Act — is eligible for day parole in accordance with the Corrections and Conditional Release Act and for an absence without escort in accordance with the Corrections and Conditional Release Act or the Prisons and Reformatories Act ; and
- (b) their absence with escort may be authorized in accordance with the Corrections and Conditional Release Act or the Prisons and Reformatories Act .
Marginal note: 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).
- Marginal note: 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.
Marginal note: 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.
Marginal note: 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
Marginal note: 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.
- Marginal note: 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
- (i) the day established in accordance with section 19, 23 or 24, as the case may be, and
- (ii) the full parole eligibility date established under the Corrections and Conditional Release Act ; and
- (i) the day established in accordance with section 26, and
- (ii) the statutory release date established under that Act.
Compassionate Measures
Marginal note: 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.
- Marginal note: 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.
Administrative Arrangements
Marginal note: 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.
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
33 In sections 31 and 32, 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.
Marginal note: 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.
- Marginal note: 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.
- Marginal note: 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.
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 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
- 2023, c. 28, s. 45
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.
- (a) was previously convicted of a , 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 .
- 2010, c. 17, s. 62
- 2014, c. 25, s. 45
- 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.
- 2010, c. 17, s. 62
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.]
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 ), an offence (or offences) referred to in paragraph (a) or (f) of the definition 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 Act commencing 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 subsection 36.2(3) or (4) 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 an offence (or offences) that the Minister has identified as being equivalent to (description of offence(s)) under (applicable offence provision(s) of theCriminal Code ), an offence (or offences) referred to in paragraph (a) or (f) of the definition in 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.
- 5.1 You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act , and the right to appeal the decision of that court.
- 5.2 You have the right to apply to a court to vary the duration of the obligation to comply with the Sex Offender Information Registration Act if the obligation applies for life because you were convicted or given a verdict of not criminally responsible on account of mental disorder for more than one offence, and you have the right to appeal the decision of that court.
- 6 You have the right to apply to a court to terminate the obligation to comply with the Sex Offender Information Registration Act and 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
- 2023, c. 28, s. 47
- (a) eligible for full parole on the later of