Marginal note:2000, c. 1, s. 8

• 129. (1) Paragraph 9.1(c) of the English version of the Act is replaced by the following:

  • (c) respecting the consent given by applicants to the verification of records and the disclosure of information contained in them, including the information to be given to applicants before obtaining their consent and the manner in which consent is to be given, for the purposes of subsections 6.3(3) and (7);

• (2) Section 9.1 of the Act is amended by striking out “and” at the end of paragraph (c.1) and by adding the following after that paragraph:

  • (c.2) respecting the disclosure of decisions under section 9.01; and

130. The Act is amended by adding the following after section 10:

131. Schedule 1 to the Act is amended by replacing the references after the heading “SCHEDULE 1” with the following:

Marginal note:2010, c. 5, s. 9

132. Subparagraphs 1(b)(i) and (ii) of Schedule 1 to the Act are replaced by the following:

Marginal note:2010, c. 5, s. 9

133. Item 3 of Schedule 1 to the Act is repealed.

Marginal note:2000, c. 1, s. 8.1; 2008, c. 6, s. 58; 2010, c. 5, s. 8

134. Schedule 2 to the Act is replaced by the Schedule 2 set out in the schedule to this Act.

2004, c. 21International Transfer of Offenders Act

135. Section 3 of the International Transfer of Offenders Act is replaced by the following:

• 136. (1) Subsection 10(1) of the Act is replaced by the following:

  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;

    • (c) whether, in the Minister’s opinion, the offender is likely to continue to engage in criminal activity after the transfer;

    • (d) whether, in the Minister’s opinion, the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence;

    • (e) whether, in the Minister’s opinion, the foreign entity or its prison system presents a serious threat to the offender’s security or human rights;

    • (f) whether the offender has social or family ties in Canada;

    • (g) the offender’s health;

    • (h) whether the offender has refused to participate in a rehabilitation or reintegration program;

    • (i) whether the offender has accepted responsibility for the offence for which they have been convicted, including by acknowledging the harm done to victims and to the community;

    • (j) the manner in which the offender will be supervised, after the transfer, while they are serving their sentence;

    • (k) whether the offender has cooperated, or has undertaken to cooperate, with a law enforcement agency; or

    • (l) any other factor that the Minister considers relevant.

• (2) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Factors — Canadian and foreign offenders

    (2) In determining whether to consent to the transfer of a Canadian or foreign offender, the Minister may consider the following factors:

Consequential Amendments

R.S., c. H-6Canadian Human Rights Act

Marginal note:1998, c. 9, s. 9

137. Section 2 of the English version of the Canadian Human Rights Act is replaced by the following:

Marginal note:1996, c. 14, s. 2

138. Subsection 3(1) of the English version of the Act is replaced by the following:

Marginal note:1992, c. 22, s. 13

• 139. (1) The definition “conviction for which a pardon has been granted” in section 25 of the English version of the Act is repealed.

• Marginal note:1992, c. 22, s. 13

  (2) The definition état de personne graciée in section 25 of the French version of the Act is replaced by the following:

  « état de personne graciée »

  “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”

  état de personne graciée État d’une personne physique qui a obtenu un pardon accordé en vertu de la prérogative royale de clémence que possède Sa Majesté ou de l’article 748 du Code criminel ou une suspension du casier au titre de la Loi sur le casier judiciaire, qui n’a pas été révoqué ni annulé.

• (3) Section 25 of the English version of the Act is amended by adding the following in alphabetical order:

  “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered”

  « état de personne graciée »

  “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered” means a conviction of an individual for an offence in respect of which a pardon has been granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code or a record suspension has been ordered under the Criminal Records Act, that has not been revoked or ceased to have effect;

1992, c. 47Contraventions Act

140. Section 63 of the French version of the Contraventions Act is replaced by the following: