GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
International Transfer of Offenders Act — I-20.6 32
Administrative arrangements — mentally disordered persons 32 (1) If the relevant provincial authority consents to the transfer, the Minister of Foreign Affairs may, with the consent of the Minister, enter into an administrative arrangement with a foreign entity for the transfer, in accordance with this Act, of a person in respect of whom a verdict of unfit to stand trial or not criminally responsible on account of mental disorder was rendered and may no longer be appealed. Consent — provincial authority (2) The consent of a provincial authority to a transfer under this section shall take into account the purpose and principles of this Act. Consent to the transfer of a person in respect of whom a verdict of not criminally responsible on account of mental disorder has been rendered — or of a citizen or national of a foreign entity in respect of whom a verdict of unfit to stand trial has been rendered — is given by the attorney general of a province or, in the case of a territory, the Attorney General of Canada, on the recommendation of the relevant Review Board established under section 672.38 of the Criminal Code . Consent to the transfer of a Canadian citizen in respect of whom a verdict of unfit to stand trial has been rendered in a foreign entity is given by the relevant provincial authority. Factors — provincial authority (3) A Review Board, in deciding whether to recommend to the attorney general that a person be transferred — and the relevant provincial authority, in deciding whether to consent to a transfer under subsection (2) — shall consider the following factors: (a) the best interests of the person, including their mental condition, the likelihood of their reintegration into society and their treatment and other needs; and (b) the need to protect society from dangerous persons. Additional factor — unfit to stand trial (4) The attorney general, in deciding whether to consent to the transfer to a foreign entity of a person in respect of whom a verdict of unfit to stand trial has been rendered, shall consider their ability to effectively prosecute the case in the event that the person becomes fit to stand trial.
International Transfer of Offenders Act — I-20.6 33
Definition of foreign entity 33 In sections 31 and 32, foreign entity means a foreign state, a province, state or other political subdivision of a foreign state, a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a foreign state or a territory or other entity, including an international criminal tribunal.
International Transfer of Offenders Act — I-20.6 34
Part XX.1 of Criminal Code 34 (1) Subject to the other provisions of this Act — and, in the case of a young person, section 141 of the Youth Criminal Justice Act — Part XX.1 of the Criminal Code applies to a person who is transferred to Canada under an administrative arrangement that was entered into under section 32. The verdict of the foreign court is deemed to be a verdict of not criminally responsible on account of mental disorder and to have been made on the day of their transfer. Presumption (2) The person is deemed to be the subject of an order under paragraph 672.54(c) of the Criminal Code and a warrant of committal under section 672.57 of that Act until the Review Board of the province to which the person is transferred makes a disposition under section 672.47 of that Act. The Review Board shall, within 45 days after the day of the person’s transfer, hold a hearing and make a disposition. Extension of time period (3) If the Review Board is of the opinion that there are exceptional circumstances that warrant it, it may take a maximum of 90 days to hold a hearing and make a disposition.
International Transfer of Offenders Act — I-20.6 35
Transportation for transfer 35 (1) A person who is discharged under paragraph 672.54(b) of the Criminal Code or detained under paragraph 672.54(c) of that Act may — with the consent of the attorney general of the province from which they are to be transported and, if applicable, the attorney general of the province to which they are to be transported — be transported to any other place in Canada in order to expedite their transfer to a foreign entity. Warrant (2) If a person is to be transported in order to expedite their transfer, an officer authorized by the attorney general of the province from which they are to be transported shall sign a warrant specifying the place in Canada to which they are to be transported, the terms of their transfer and, if applicable, the place of detention. Territories (3) For the purpose of this section, in respect of a territory, the relevant attorney general is the Attorney General of Canada.
International Transfer of Offenders Act — I-20.6 36
Transportation and detention 36 A warrant referred to in subsection 35(2) is sufficient authority for (a) the person who is responsible for the custody and transportation of the person being transferred to convey them to the place in Canada to which they are to be transported and, if applicable, deliver them to the person in charge of the place of detention; (b) the person in charge of the place of detention to detain the person being transferred; and (c) the person who is responsible for the custody and transportation of the person being transferred to deliver them to the person from the foreign entity who is responsible for the transfer.
International Transfer of Offenders Act — I-20.6 36.1
Obligation 36.1 If the criminal offence identified under section 15 or 36.3 is an offence referred to in paragraph (a) or (f) of the definition primary offence in subsection 490.011(1) of the Criminal Code , the person is required to comply with the Sex Offender Information Registration Act . 2010, c. 17, s. 62; 2014, c. 25, s. 44 2023, c. 28, s. 45
International Transfer of Offenders Act — I-20.6 36.2
When obligation begins 36.2 (1) The obligation begins on the day of the person’s transfer. Duration of obligation (2) The obligation (a) subject to subsections (3) and (4), 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) subject to subsections (3) and (4), 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. Duration — if more than one offence (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) or (f) of the definition primary offence in subsection 490.011(1) of the Criminal Code . Duration — if previous obligation (4) The obligation applies for life if the person, before or after the coming into force of paragraphs (a) and (b), (a) was previously convicted of a primary offence , as defined in subsection 490.011(1) of the Criminal Code , or previously convicted under section 130 of the National Defence Act in respect of such a primary offence; or (b) is or was subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act . (5) [Repealed, 2023, c. 28, s. 46] (6) [Repealed, 2023, c. 28, s. 46] 2010, c. 17, s. 62; 2014, c. 25, s. 45 2023, c. 28, s. 46
International Transfer of Offenders Act — I-20.6 36.3
Not criminally responsible — equivalent 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. Not criminally responsible — delivery of Form 1 (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. 2010, c. 17, s. 62
International Transfer of Offenders Act — I-20.6 37
Transfer to Canada not valid 37 (1) The foreign sentence of a person transferred to Canada under this Act is enforceable in Canada unless a court determines that, because the person is not a Canadian citizen, the transfer is not valid. Minister to notify foreign entity and other ministers (2) If the court declares that the transfer of the person to Canada is not valid, the Minister shall notify the foreign entity, the minister responsible for the Immigration and Refugee Protection Act and the minister responsible for the Extradition Act that the transfer is not valid. Transfer to foreign entity not valid (3) If a foreign entity declares that the transfer of a foreign offender is not valid, the Canadian sentence that they were serving before the transfer is enforceable in Canada.
International Transfer of Offenders Act — I-20.6 38
Application to pending cases 38 This Act applies in respect of all requests for transfer that are pending on the day that this section comes into force.
International Transfer of Offenders Act — I-20.6 Coming into force
Coming into force * 43 This Act, other than section 41, comes into force on a day to be fixed by order of the Governor in Council. * [Note: Section 41 in force on assent May 14, 2004; Act, other than section 41, in force October 29, 2004, see SI/2004-140.]
International Transfer of Offenders Act — I-20.6
To A.B., of , ( occupation ), ( address in Canada ), ( date of birth ), ( gender ):
International Transfer of Offenders Act — I-20.6
Because you are being transferred to Canada under the International Transfer of Offenders Act ;
International Transfer of Offenders Act — I-20.6
And because you were convicted of or found not criminally responsible on account of mental disorder for ( description, date and location of offence(s) ) that the Minister has identified as being equivalent to ( description of offence(s) ) under ( applicable provision(s) of the Criminal Code ), an offence (or offences) referred to in paragraph (a) or (f) of the definition primary offence in subsection 490.011(1) of the Criminal Code ;
International Transfer of Offenders Act — I-20.6
You are provided with this to inform you that you are required to comply with the Sex Offender Information Registration Act commencing on the day of your transfer.
International Transfer of Offenders Act — I-20.6 1
1 You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act , whenever required under subsection 4(2) of that Act.
International Transfer of Offenders Act — I-20.6 2
2 You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act , whenever required under section 4.1 or 4.3 of that Act, for a period of years after the day on which you were sentenced or found not criminally responsible on account of mental disorder for the offence ( or if paragraph 36.2(2)(c) or subsection 36.2(3) or (4) of the International Transfer of Offenders Act applies , for life because you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) that the Minister has identified as being equivalent to ( description of offence(s) ) under ( applicable offence provision(s) of the Criminal Code ), an offence (or offences) referred to in paragraph (a) or (f) of the definition primary offence in subsection 490.011(1) of the Criminal Code ).
International Transfer of Offenders Act — I-20.6 3
3 Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.
International Transfer of Offenders Act — I-20.6 4
4 Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act .
International Transfer of Offenders Act — I-20.6 5
5 If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act to correct the information.
International Transfer of Offenders Act — I-20.6 5.1
5.1 You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act , and the right to appeal the decision of that court.
International Transfer of Offenders Act — I-20.6 5.2
5.2 You have the right to apply to a court to vary the duration of the obligation to comply with the Sex Offender Information Registration Act if the obligation applies for life because you were convicted or given a verdict of not criminally responsible on account of mental disorder for more than one offence, and you have the right to appeal the decision of that court.
International Transfer of Offenders Act — I-20.6 6
6 You have the right to apply to a court to terminate the obligation to comply with the Sex Offender Information Registration Act and the right to appeal the decision of that court.
International Transfer of Offenders Act — I-20.6 7
7 If you are found to have not complied with the Sex Offender Information Registration Act , you may be subject to a fine or imprisonment, or to both.
International Transfer of Offenders Act — I-20.6 8
8 If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both.
International Transfer of Offenders Act — I-20.6
Sentence imposed or verdict of not criminally responsible on account of mental disorder rendered on ( date ).
International Transfer of Offenders Act — I-20.6 45.1
Review 45.1 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose. Report (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends.
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7 1
Definitions 1 (1) The following definitions apply in this Act. child sexual abuse and exploitation material has the same meaning as in subsection 163.1(1) of the Criminal Code . ( matériel d’abus et d’exploitation pédosexuels ) child sexual abuse and exploitation material offence means an offence under any of the following provisions of the Criminal Code : (a) subsection 163.1(2) (making child sexual abuse and exploitation material); (b) subsection 163.1(3) (distribution, etc., of child sexual abuse and exploitation material); (c) subsection 163.1(4) (possession of child sexual abuse and exploitation material); or (d) subsection 163.1(4.1) (accessing child sexual abuse and exploitation material). ( infraction relative au matériel d’abus et d’exploitation pédosexuels ) computer data means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system.  ( données informatiques ) Internet service means a service providing Internet access, Internet content hosting or electronic mail. ( services Internet ) person means an individual, a corporation, a partnership or an unincorporated association or organization. ( personne ) Description with cross-reference (2) The descriptive words in parentheses that follow the reference to a provision of the Criminal Code in the definition child sexual abuse and exploitation material offence in subsection (1) do not form part of that definition but are inserted for convenience of reference only. 2011, c. 4, s. 1 2024, c. 23, s. 12
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7
child sexual abuse and exploitation material has the same meaning as in subsection 163.1(1) of the Criminal Code . ( matériel d’abus et d’exploitation pédosexuels )
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7 (a)
child sexual abuse and exploitation material offence means an offence under any of the following provisions of the Criminal Code : (a) subsection 163.1(2) (making child sexual abuse and exploitation material); (b) subsection 163.1(3) (distribution, etc., of child sexual abuse and exploitation material); (c) subsection 163.1(4) (possession of child sexual abuse and exploitation material); or (d) subsection 163.1(4.1) (accessing child sexual abuse and exploitation material). ( infraction relative au matériel d’abus et d’exploitation pédosexuels )
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7
computer data means representations, including signs, signals or symbols, that are in a form suitable for processing in a computer system.  ( données informatiques )
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7
Internet service means a service providing Internet access, Internet content hosting or electronic mail. ( services Internet )
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7
person means an individual, a corporation, a partnership or an unincorporated association or organization. ( personne )
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7 2
Duty to report Internet address 2 If a person is advised, in the course of providing an Internet service to the public, of an Internet Protocol address or a Uniform Resource Locator where child sexual abuse and exploitation material may be available to the public, the person must report that address or Uniform Resource Locator to the organization designated by the regulations, as soon as feasible and in accordance with the regulations. 2011, c. 4, s. 2 2024, c. 23, s. 12
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7 3
Duty to notify police officer 3 If a person who provides an Internet service to the public has reasonable grounds to believe that their Internet service is being or has been used to commit a child sexual abuse and exploitation material offence, the person must notify an officer, constable or other person employed for the preservation and maintenance of the public peace of that fact, as soon as feasible and in accordance with the regulations. 2011, c. 4, s. 3 2024, c. 23, s. 12
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7 4
Preservation of computer data 4 (1) A person who makes a notification under section 3 must preserve all computer data related to the notification that is in their possession or control for 21 days after the day on which the notification is made. Destruction of preserved computer data (2) The person must destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under subsection (1) as soon as feasible after the expiry of the 21-day period, unless the person is required to preserve the computer data by a judicial order made under any other Act of Parliament or the legislature of a province.
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7 5
No disclosure 5 A person must not disclose that they have made a report under section 2 or a notification under section 3, or disclose the contents of a report or notification, if the disclosure could prejudice a criminal investigation, whether or not a criminal investigation has begun.
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7 6
No seeking out of child sexual abuse and exploitation material 6 Nothing in this Act requires or authorizes a person to seek out child sexual abuse and exploitation material. 2011, c. 4, s. 6 2024, c. 23, s. 12
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7 7
Immunity 7 A civil proceeding cannot be commenced against a person for making a report in good faith under section 2 or for making a notification in good faith under section 3.
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7 8
Self-incrimination 8 For greater certainty, nothing in this Act affects any right of a person to be protected against self-incrimination.
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7 9
Provincial or foreign jurisdiction 9 A person who has reported information in compliance with an obligation to report child sexual abuse and exploitation material under the laws of a province or a foreign jurisdiction is deemed to have complied with section 2 of this Act in relation to that information. 2011, c. 4, s. 9 2024, c. 23, s. 12
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7 10
Offence 10 Every person who knowingly contravenes any of sections 2 to 5 is guilty of an offence and liable on summary conviction, (a) in the case of an individual, (i) for a first offence, to a fine of not more than $1,000, (ii) for a second offence, to a fine of not more than $5,000, and (iii) for each subsequent offence, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and (b) in all other cases, (i) for a first offence, to a fine of not more than $10,000, (ii) for a second offence, to a fine of not more than $50,000, and (iii) for each subsequent offence, to a fine of not more than $100,000.
An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service — I-20.7 11
Limitation period 11 A prosecution for an offence under this Act cannot be commenced more than two years after the time when the act or omission giving rise to the prosecution occurred.