Extradition Act (S.C. 1999, c. 18)

Marginal note:Surrender

• 40. (1) The Minister may, within a period of 90 days after the date of a person’s committal to await surrender, personally order that the person be surrendered to the extradition partner.

• Marginal note:When refugee claim

  (2) Before making an order under subsection (1) with respect to a person who has made a claim for refugee protection under the Immigration and Refugee Protection Act, the Minister shall consult with the minister responsible for that Act.

• Marginal note:Powers of the Minister

  (3) The Minister may seek any assurances that the Minister considers appropriate from the extradition partner, or may subject the surrender to any conditions that the Minister considers appropriate, including a condition that the person not be prosecuted, nor that a sentence be imposed on or enforced against the person, in respect of any offence or conduct other than that referred to in the order of surrender.

• Marginal note:No surrender

  (4) If the Minister subjects surrender of a person to assurances or conditions, the order of surrender shall not be executed until the Minister is satisfied that the assurances are given or the conditions agreed to by the extradition partner.

• Marginal note:Extension of time

  (5) If the person has made submissions to the Minister under section 43 and the Minister is of the opinion that further time is needed to act on those submissions, the Minister may extend the period referred to in subsection (1) as follows:

  • (a) if the person is the subject of a request for surrender by the International Criminal Court, and an issue has been raised as to the admissibility of the case or the jurisdiction of that Court, for a period ending not more than 45 days after the Court’s ruling on the issue; or

  • (b) in any other case, for one additional period that does not exceed 60 days.

• Marginal note:Notice of extension of time

  (6) If an appeal has been filed under section 50 and the Minister has extended the period referred to in subsection (1), the Minister shall file with the court of appeal a notice of extension of time before the expiry of that period.

Marginal note:When appeal pending

• 41. (1) The Minister may postpone the making of the order of surrender if

  • (a) an appeal has been filed under section 50;

  • (b) the Minister files a notice of postponement with the court of appeal before the expiry of the period referred to in subsection 40(1); and

  • (c) the order is made not later than 45 days after the date of the decision of the court of appeal.

• Marginal note:No further deferral of appeal

  (2) When the Minister has filed a notice of postponement with the court of appeal under paragraph (1)(b), that court may not defer the hearing of the appeal under subsection 51(2).