Bill C-40
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
TABLE OF PROVISIONS |
AN ACT RESPECTING EXTRADITION, TO AMEND THE
CANADA EVIDENCE ACT, THE CRIMINAL CODE, THE
IMMIGRATION ACT AND THE MUTUAL LEGAL
ASSISTANCE IN CRIMINAL MATTERS ACT AND TO
AMEND AND REPEAL OTHER ACTS IN CONSEQUENCE
|
SHORT TITLE |
1. Short title
|
PART 1 |
INTERPRETATION |
2. Definitions
|
PART 2 |
EXTRADITION FROM CANADA |
Extraditable Conduct |
3. General principle
|
4. Further proceedings
|
5. Jurisdiction
|
6. Retrospectivity
|
Functions of the Minister |
7. Functions of the Minister
|
Publication of Extradition Agreements |
8. Publication in Canada Gazette
|
Designated States and Entities |
9. Designated extradition partners
|
Specific Agreements |
10. Specific agreements
|
Minister's Power to Receive Requests |
11. Request to go to Minister
|
Warrant for Provisional Arrest |
12. Minister's approval of request for provisional arrest
|
13. Provisional arrest warrant
|
14. Discharge if no proceedings
|
Authority to Proceed |
15. Minister's power to issue
|
Arrest or Summons Following Authority to Proceed |
16. Warrant of arrest or summons
|
Appearance |
17. Appearance
|
18. Judicial interim release
|
19. Criminal Code
|
20. Section 679 of the Criminal Code
|
21. Date of hearing - provisional arrest
|
22. Application for transfer
|
Substitution and Amendment of Authority to Proceed |
23. Substitution of authority to proceed
|
Extradition Hearing |
24. Application of Part XVIII of the Criminal Code
|
25. Competence
|
26. Order restricting publication of evidence
|
27. Exclusion of person from hearing
|
28. Power to compel witnesses
|
29. Order of committal
|
30. Authority to keep person in custody
|
Rules of Evidence |
31. Definition of ``document''
|
32. Evidence
|
33. Record of the case
|
34. Oath or solemn affirmation
|
35. No proof of signature
|
36. Translated documents
|
37. Evidence of identity
|
Judge's Report |
38. Report of the judge
|
Property |
39. Property seized
|
Powers of Minister |
40. Surrender
|
41. When appeal pending
|
42. Amendments
|
Submissions |
43. Submissions
|
Reasons for Refusal |
44. When order not to be made
|
45. Refusal in extradition agreement
|
46. When order not to be made
|
47. When Minister may refuse to make order
|
48. Discharge
|
Appeal |
49. Appeal
|
50. Notice of appeal
|
51. Hearing of appeal
|
52. Provisions of the Criminal Code to apply
|
53. Powers of the court of appeal
|
54. Effect of allowing appeal
|
55. Powers
|
56. Deferral of Supreme Court appeal
|
Judicial Review of Minister's order |
57. Review of order
|
Order of Surrender |
58. Contents of the surrender order
|
59. Surrender for other offences
|
60. Power to convey
|
61. Escape
|
62. Delay before surrender
|
63. Place of surrender
|
64. Postponement of surrender
|
65. Return to Canada
|
Temporary Surrender |
66. Temporary surrender
|
67. Order for final surrender
|
68. Calculation of sentence
|
Remedy |
69. Remedy in case of delay
|
Consent |
70. Consent to committal
|
71. Consent to surrender
|
Waiver of Extradition |
72. Waiving extradition
|
73. Escape
|
Transit |
74. Transit
|
75. Special authorization
|
76. Unscheduled landing
|
PART 3 |
EXTRADITION TO CANADA |
77. Definition of ``competent authority''
|
78. Request by Canada for extradition
|
79. Order in respect of evidence
|
80. Specialty if person is in Canada
|
81. Conveyance of surrendered person
|
82. Order of detention for temporary surrender
|
83. Commencement of sentence or disposition
|
PART 4 |
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND RELATED AMENDMENTS AND REPEALS |
Transitional Provisions |
84. Cases pending - former Extradition Act
|
85. Cases pending - Fugitive Offenders Act
|
Consequential Amendments |
86-87. Corrections and Conditional Release Act
|
88. Identification of Criminals Act
|
Related Amendments |
89-91. Canada Evidence Act
|
92-95. Criminal Code
|
96. Immigration Act
|
97-128. Mutual Legal Assistance in Criminal Matters Act
|
Repeals |
129. Extradition Act
|
130. Fugitive Offenders Act
|
SCHEDULE
|