Policy Bulletin 401
Why was the policy changed?
This directive was revised to comply with the recent amendments to the International Transfer of Offenders Act (ITOA) which came into force on May 3, 2012. The ITOA establishes the factors the Minister may take into account when considering an offender’s request for transfer.
What has changed?
A requirement was added to the ITOA (section 36.1) to ensure offenders comply with the Sex Offender Information Registration Act.
This directive clarifies roles and responsibilities at all levels for the processing of an offender’s application for transfer to and from Canada.
Security information will be collected to verify the existence of any ties between the offender and a criminal organization or terrorist group and to help determine whether the offender is likely to continue to engage in criminal activity after the transfer.
Form CSC/SCC 1395, entitled “Authorization for Release of Personal Information”, has been created to allow the offender to identify with whom the International Transfers Unit may discuss his/her application for transfer.
When an application for transfer has been processed, there is now an obligation for the International Transfers Unit to share the contents of the file with the applicant to allow him/her to make further submissions for the Minister’s consideration.
How was it developed?
Amendments to the ITOA expanded the factors for the Minister’s consideration and the CD reflects these changes.
Accountability remains with the International Transfers Unit to ensure that all transfer applications are processed in accordance with the ITOA.
Who will be affected by the policy?
Individuals responsible for processing transfer applications at National Headquarters and regions, as well as institutional and community management and staff.
CD 715-3 – Community Assessments – A technical amendment was made to clarify that information sought from the offender’s support or contact in Canada is included in the Community Assessment.
CD 705-3 – Immediate Needs Identification and Admission Interviews – An amendment was made to ensure the inmate is advised of the right to consular representation, specifically the right to access and communicate with a consular official who may arrange for legal representation (as per Article 36 of the Vienna Convention on Consular Relations if the inmate’s country of citizenship is signatory to the Vienna Convention).
- Joseph Daou, Senior Manager
- International Transfers Unit
For more information
- Government-wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory
- The Federal regulatory management
- The Canada–United States Regulatory Cooperation Council
To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.
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