Assented to 2004-05-14
An Act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences
This enactment repeals and replaces the Transfer of Offenders Act, sets out the principles that govern the international transfer of offenders and authorizes Canada to enter into administrative agreements for the international transfer of offenders.
This enactment expands the class of offenders who may be transferred, expands the class of jurisdictions with which Canada may enter into those agreements, identifies who must consent to a transfer, sets out how the foreign sentences of transferred young persons are to be enforced in Canada and clarifies the sentence calculation rules that apply to transferred Canadian offenders and aligns them with those contained in other federal legislation. It also contains a transitional provision and makes consequential amendments to other texts.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Marginal note:Short title
2. The following definitions apply in this Act.
« délinquant canadien »
“Canadian offender” means a Canadian citizen within the meaning of the Citizenship Act who has been found guilty of an offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in a foreign entity — and whose verdict and sentence may no longer be appealed.
« infraction criminelle »
“criminal offence” means an offence against an Act of Parliament.
« entité étrangère »
“foreign entity”, other than in sections 31 and 32, means a foreign state — or 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 — with which Canada has entered into a treaty on the transfer of offenders or an administrative arrangement referred to in section 31 or 32.
« délinquant étranger »
“foreign offender” means a citizen or national of a foreign entity who has been found guilty of a criminal offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in Canada — and whose verdict and sentence may no longer be appealed.
« ministre »
“Minister” means the Solicitor General of Canada.
« pénitencier »
“penitentiary” has the same meaning as in subsection 2(1) of the Corrections and Conditional Release Act.
« prison »
“prison” means a place of confinement other than a penitentiary.
« traité »
“treaty” includes an international agreement or convention, but does not include an administrative arrangement entered into under section 31 or 32.
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