Bail Act

ONTARIO REGULATION 278/26

SECURITY DEPOSITS AND INFORMATION FROM SURETIES

Consolidation Period: From August 13, 2026 to the e-Laws currency date.

Note: THIS REGULATION IS NOT YET IN FORCE. It comes into force on August 17, 2026, the day section 6 of Schedule 2 to the Keeping Criminals Behind Bars Act, 2026 comes into force.

No amendments.

This is the English version of a bilingual regulation.

Definition and reference to forms

1. (1) In this Regulation,

“business day” means a day from Monday to Friday, other than a holiday.

(2) In this Regulation, when a form is referred to by number, the reference is to the form as prescribed by Ontario Regulation 812/21 (Forms) made under the Act.

Payment and refund of security deposits — s. 8.0.1 of the Act

2. (1) An amount a person is required to pay under subsection 8.0.1 (1) of the Act shall be paid in cash or by money order or bank draft payable to the Minister of Finance within two business days of the accused’s release from custody pursuant to the release order.

(2) The amount shall be paid to,

(a)  the clerk of the Ontario Court of Justice at the court location specified in the release order; or

(b)  the clerk of any court location of the Ontario Court of Justice at which criminal matters are heard if,

(i)  the accused or surety is unable to attend the court location specified in the release order, or

(ii)  the release order is made by a judge of the Superior Court of Justice or the Court of Appeal for Ontario.

(3) At the time the amount is paid, the following documents shall be provided to the clerk:

1.  If the amount is paid under clause (2) (a), a completed copy of the security deposit (Form 3).

2.  If the amount is paid under clause (2) (b), a copy of the release order and a completed copy of the security deposit (Form 3).

(4) The amount shall be deposited in a non-interest bearing account at a financial institution.

(5) A refund an accused or surety is entitled to under subsection (6) shall be paid to the accused or surety, without interest, if a copy of the security deposit (Form 3) and a copy of the receipt affixed to the form are provided,

(a)  to the clerk at the court location specified in the release order; or

(b)  if the release order was made by a judge of the Superior Court of Justice or the Court of Appeal for Ontario, to the clerk at the court location of the Ontario Court of Justice where the information was laid.

(6) For the purposes of subsection (5), an accused or surety is entitled to a refund of,

(a)  the full amount when the release order is no longer in effect and a certificate of default has not been endorsed on the release order under section 770 of the Criminal Code (Canada); or

(b)  the portion of the amount that a judge has not ordered to be forfeited at the conclusion of the proceedings under section 771 of the Criminal Code (Canada).

(7) For greater certainty, if a judge does not order any portion of the amount set out in the release order to be forfeited at the conclusion of the proceedings under section 771 of the Criminal Code (Canada), the accused or surety is entitled to a refund of the full amount.

Information to be provided — s. 8.1 of the Act

3. (1) A person required to provide information under subsection 8.1 (1) of the Act shall provide the information by completing a surety reporting form (Form 4) and submitting the form, within two business days of the accused’s release from custody pursuant to the release order,

(a)  to the clerk of the Ontario Court of Justice at the court location specified in the release order; or

(b)  if the release order was made by a judge of the Superior Court of Justice or the Court of Appeal for Ontario, to the clerk at the court location of the Ontario Court of Justice where the information was laid.

(2) The person shall notify the clerk of the court location where the surety reporting form (Form 4) was submitted under subsection (1) of any changes to the information provided in the form within two business days of the change by resubmitting the form to the clerk.

(3) The person is required to provide the information only if the release order referred to in subsection (1) is made on or after the day section 6 of Schedule 2 to the Keeping Criminals Behind Bars Act, 2026 comes into force, even if the offence in respect of which the release order is made occurred before that day.

Transition

4. Section 8.0.1 of the Act applies only to release orders made on or after the day section 6 of Schedule 2 to the Keeping Criminals Behind Bars Act, 2026 comes into force, even if the offence in respect of which the release order is made occurred before that day.

5. Omitted (provides for coming into force of provisions of this Regulation).