Keeping Canadians Safe (International Transfer of Offenders Act)

About the International Transfer of Offenders Act (ITOA)H2

The Act, which came into force on October 29, 2004, is a modernization of the Transfer of Offenders Act, which was proclaimed in 1978.  The legislated purpose of the Act is “to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals.” The Public Safety Minister is responsible for the administration of the Act. 

Proposed amendments to the Act

This government remains committed to making the protection of society the guiding principle in decisions affecting the corrections system. The legislative amendments announced today would clarify the International Transfer of Offenders Act by enshrining in law a number of additional key factors in deciding whether an offender would be granted a transfer back to Canada. These factors would include whether, in the opinion of the Minister, an offender would upon return to Canada:

• Endanger public safety;
• Continue to engage in criminal activities following his or her transfer; and
• Endanger the safety of any child, particularly in cases of offenders who have been convicted of sexual abuse.

Decisions would also factor whether a criminal has been participating in his or her rehabilitation, and cooperating with law enforcement.
These amendments support the Government’s commitment to strengthening the rights of victims, increasing the responsibility of offenders and making our communities safe.

These factors will ensure that Canadians who request a transfer under the Act will continue to be treated fairly and equitably according to Canadian values and legal principles, while being held accountable for offences committed abroad.