Procedures and Defences

Article 9

Consent of Attorney General

(4) No proceedings for an offence under section 18 may be commenced without the consent of the Attorney General of Canada.

PART 2

EXTRADITION FROM CANADA

FUNCTIONS OF THE MINISTER

7. Functions of the Minister

The Minister is responsible for the implementation of extradition agreements, the administration of this Act and dealing with requests for extradition made under them.

PART 2

EXTRADITION FROM CANADA

MINISTER’S POWER TO RECEIVE REQUESTS

11. Request to go to Minister

(1) A request by an extradition partner for the provisional arrest or extradition of a person shall be made to the Minister.

PART 2

EXTRADITION FROM CANADA

MINISTER’S POWER TO RECEIVE REQUESTS

11. Provisional arrest request to go to Minister

(2) A request by an extradition partner for the provisional arrest of a person may also be made to the Minister through Interpol.

PART 3

EXTRADITION TO CANADA


77. Definition of “competent authority”

In this Part, “competent authority” means

(a) in respect of a prosecution or imposition of a sentence — or of a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985 — the Attorney General, or the Attorney General of a province who is responsible for the prosecution of the case; and
(b) in respect of the enforcement of a sentence or a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,
(i) the Minister of Public Safety and Emergency Preparedness, if the person would serve the sentence in a penitentiary, or
(ii) the appropriate provincial minister responsible for corrections, in any other case.
1999, c. 18, s. 77; 2002, c. 1, s. 191; 2005, c. 10, s. 34.

PART 3

EXTRADITION TO CANADA

78. Request for provisional arrest

(2) The Minister, at the request of a competent authority, may make a request to a State or entity for the provisional arrest of the person.
1999, c. 18, s. 78; 2002, c. 1, s. 192.

INTERPRETATION
2. (1) In this Act,
"competent authority " means the Attorney General of Canada, the attorney general of a province or any person or authority with responsibility in Canada for the investigation or prosecution of offences; (autorité compétente);