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| Short Title
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| 1.
These Regulations may be cited as the Transfer of Offenders Regulations.
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| Interpretation
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| 2.
In these Regulations, "Act" means the Transfer of Offenders Act.
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| Forms
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| 3.
(1) The form set out in Schedule I is hereby prescribed to be the form in which a foreign offender may apply to the Minister for transfer to a foreign state.
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(2)The form set out in Schedule II is the form hereby prescribed to be completed by a Canadian offender who, if transferred to Canada from a foreign state, will be detained in a prison.
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| Considerations For
Transfer
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| 4.
In deciding to approve or disapprove the transfer of a Canadian offender to Canada, the Minister shall take into account the following considerations:
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| (a) |
whether the offender has fulfilled the conditions of the Act and the treaty pursuant to which the transfer was requested;
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| (b) |
whether the return of the offender to Canada would outrage public sensibilities because of the extremely serious nature of the offender's crime or circumstances surrounding it;
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| (c) |
whether the return of the offender to Canada would constitute a threat to the security of Canada;
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| (d) |
whether there is reason to believe that the offender would, on the offender's return to Canada, engage in any activity that would be part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of any offence that may be punishable under any Act of Parliament by way of indictment;
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| (e) |
whether the offender left or remained outside Canada with the intention of abandoning Canada as the offender's place of permanent residence, and has no social or family ties in Canada; and
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| (f) |
whether the offender has previously been transferred under the Act. |
| SOR/88-145, s. 1.
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