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Bill C-221

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1st Session, 37th Parliament,
49-50 Elizabeth II,

House of Commons of Canada

BILL C-221

An Act to amend the Transfer of Offenders Act (removal of foreign offenders)

R.S., 1985, c. T-15

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Transfer of Offenders Act is amended by adding the following after section 20:

Application to transfer foreign offender

20.1 (1) The Crown may apply to the Federal Court of Canada for an order that a foreign offender serving a sentence of a term of imprisonment in Canada of ten years or more be removed from Canada and transferred to the custody of a foreign state.

Order

(2) The court may grant the order if the offender is a citizen of the foreign state and the state has consented to the transfer.

Conduct of hearing

(3) The hearing on the application shall be conducted according to the principles provided for inquiries in sections 29 to 31 of the Immigration Act.

Other provisions of order

(4) The order may also include provisions respecting the matters referred to in, and on the same basis as provided in, section 33 of the Immigration Act.

Restrictions

(5) No order shall be made to transfer a foreign offender to a foreign state unless

    (a) the foreign state agrees to provide, or the law of the foreign state provides for, conditional release of the foreign offender on a similar basis to that provided in Canada, or

    (b) the foreign offender consents to the transfer in writting, after having been informed of the availability of conditional release in the foreign state.