Bill C-34

INTERNATIONAL TRANSFER OF OFFENDERS ACT

57. Subsection 8(4) of the International Transfer of Offenders Act is replaced by the following:

(4) The Minister

(a) shall inform a Canadian offender, in writing, as to how their foreign sentence is to be served in Canada and, in the case of an offender who is required to comply with the Sex Offender Information Registration Act,

(i) inform them, in writing, of that obligation and of sections 4 to 7.1 of that Act and sections 490.031 and 490.0311 of the Criminal Code, and

(ii) on the day of the transfer at the earliest, deliver a copy of Form 1 of the schedule to

(A) the offender,

(B) the Attorney General of the prov- ince, or the minister of justice of the territory, in which the person is to be detained in custody, and

(C) the person in charge of the place in which the person is to be detained in custody; and

(b) shall deliver to a foreign offender the information with which the Minister was provided by the foreign entity as to how their Canadian sentence is to be served.

58. The Act is amended by adding the following after section 36:

SEX OFFENDER INFORMATION REGISTRATION ACT

36.1 If the criminal offence identified under section 15 or 36.3 is one referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code, the person is required to comply with the Sex Offender Information Registration Act.

36.2 (1) The obligation begins on the day of the person’s transfer.

(2) The obligation

(a) ends 10 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is two or five years;

(b) ends 20 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is 10 or 14 years; and

(c) applies for life if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is life.

(3) The obligation applies for life if the person was convicted of or found not criminally responsible on account of mental disorder for more than one offence in respect of which the equivalent criminal offence is an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code.

(4) The obligation applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or section 227.06 of the National Defence Act.

(5) The obligation applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of the Criminal Code or section 227.01 of the National Defence Act.

(6) The obligation applies for life if

(a) the person was, before or after the coming into force of this paragraph, previously convicted of or found not criminally responsible on account of mental disorder for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;

(b) the person was not served with a notice under section 490.021 or 490.02903 of the Criminal Code or section 227.08 of the National Defence Act in connection with that offence; and

(c) no order was made under subsection 490.012(1) of the Criminal Code or subsection 227.01(1) of the National Defence Act in connection with that offence.

36.3 (1) If a request is made to transfer a person in respect of whom a verdict of not criminally responsible on account of mental disorder was rendered for an offence that consists of one or more acts that are sexual in nature, the Minister shall identify the criminal offence that, at the time the Minister receives the request, is equivalent to that offence.

(2) If the person is required to comply with the Sex Offender Information Registration Act, the Minister shall deliver a copy of Form 1 of the schedule to the Review Board of the province to which the person is transferred.

59. The Act is amended by adding, after section 43, the schedule set out in the schedule to this Act.

CONSEQUENTIAL AMENDMENT TO THE CRIMINAL RECORDS ACT

60. Paragraph 5(b) of the Criminal Records Act is replaced by the following:

(b) unless the pardon is subsequently revoked or ceases to have effect, requires the judicial record of the conviction to be kept separate and apart from other criminal records and removes any disqualification or obligation to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament — other than section 109, 110, 161, 259, 490.012, 490.019 or 490.02901 of the Criminal Code, subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act — or of a regulation made under an Act of Parliament.

COORDINATING AMENDMENTS

61. (1) Subsection (2) applies if Bill C-14, introduced in the 2nd session of the 40th Parliament and entitled An Act to amend the Criminal Code (organized crime and protection of justice system participants) (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both subsection 16(2) of the other Act and subsection 3(2) of this Act are in force, subparagraph (a)(xi.1) of the definition “primary designated offence” in section 487.04 of the Criminal Code, as enacted by that subsection 3(2), is renumbered as subparagraph (a)(xi.3) and is repositioned accordingly if required.

COMING INTO FORCE

62. The provisions of this Act, other than section 61, come into force on a day or days to be fixed by order of the Governor in Council.