Bail Act

R.S.O. 1990, Chapter B.1

Consolidation Period:  From June 5, 2025 to the e-Laws currency date.

Last amendment: 2025, c. 6, Sched. 1.

Legislative History: 2009, c. 33, Sched. 2, s. 8; 2017, c. 20, Sched. 11, s. 3-6; 2024, c. 2, Sched. 13, s. 4; 2025, c. 6, Sched. 1.

Crown Attorney to deliver or transmit certificate of lien

1 (1) In cases in which a person has been committed for trial and is admitted to bail, the Crown Attorney shall, and, in any other case in which a person is admitted to bail, the Crown Attorney may, deliver or transmit a certificate of lien to the sheriff of the county in which the land mentioned therein is situate.  R.S.O. 1990, c. B.1, s. 1; 2017, c. 20, Sched. 11, s. 3 (1).

Form of certificate

(2) The certificate of lien shall be in the form prescribed by regulation under this Act. 2017, c. 20, Sched. 11, s. 3 (2).

Section Amendments with date in force (d/m/y)

2017, c. 20, Sched. 11, s. 3 (1, 2) - 01/01/2022

Lien established

2 Once the sheriff takes all the steps the sheriff is required to take under subsection 10 (4) of the Execution Act in respect of a certificate of lien that he or she has received, the Crown has a lien against the property of the surety that is described in the certificate of lien, for the amount for which the person is a surety as indicated in the certificate of lien. 2009, c. 33, Sched. 2, s. 8 (1); 2024, c. 2, Sched. 13, s. 4.

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 2, s. 8 (1) - 15/12/2009

2024, c. 2, Sched. 13, s. 4 - 06/03/2024

3.-5 Repealed:  2009, c. 33, Sched. 2, s. 8 (1).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 2, s. 8 (1) - 15/12/2009

Certificate re execution against lands

6 Where a certificate respecting executions against lands is required from a sheriff or land registrar, he or she shall, without additional fee, include in the execution certificate a statement as to whether there is a name shown in the electronic database referred to in subsection 136 (1) of the Land Titles Act that is the same as the name shown on the certificate.  R.S.O. 1990, c. B.1, s. 6; 2009, c. 33, Sched. 2, s. 8 (2).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 2, s. 8 (2) - 15/12/2009

Crown Attorney to deliver or transmit copy of certificate of discharge

7 (1) As soon as a surety is discharged, the lien is discharged, and the Crown Attorney shall deliver or transmit a certificate of discharge to the sheriff to whom the certificate of lien was delivered or transmitted.  R.S.O. 1990, c. B.1, s. 7; 2017, c. 20, Sched. 11, s. 4 (1).

Form of certificate

(2) The certificate of discharge shall be in the form prescribed by regulation under this Act. 2017, c. 20, Sched. 11, s. 4 (2).

Section Amendments with date in force (d/m/y)

2017, c. 20, Sched. 11, s. 4 (1, 2) - 01/01/2022

Disposal of certificate of lien

8 On receipt of a certificate of discharge, the sheriff shall attach the certificate of discharge to the certificate of lien to which it relates and remove the related entry from the electronic database referred to in subsection 136 (1) of the Land Titles Act.  2009, c. 33, Sched. 2, s. 8 (3).

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 2, s. 8 (3) - 15/12/2009

Information from sureties, etc.

8.1 (1) A person described in subsection (2) shall provide, in accordance with the regulations and at the times specified in the regulations, such information as is prescribed in the regulations. 2025, c. 6, Sched. 1, s. 1.

Who may be required to provide information

(2) The persons referred to in subsection (1) are the following:

1.  A surety.

2.  A person who was a surety and has become a judgment debtor of the Crown in right of Ontario under section 771 of the Criminal Code (Canada). 2025, c. 6, Sched. 1, s. 1.

Clarification of application

(3) For greater certainty, subsection (1) applies even if no certificate of lien in respect of property of the person has been delivered or transmitted under subsection 1 (1). 2025, c. 6, Sched. 1, s. 1.

Offence

(4) A person who fails to comply with subsection (1) is guilty of an offence. 2025, c. 6, Sched. 1, s. 1.

Section Amendments with date in force (d/m/y)

2025, c. 6, Sched. 1, s. 1 - 05/06/2025

Delegation

8.2 A Crown Attorney may delegate a power or duty under section 1 or 7 to a person employed in the Ministry of the Attorney General subject to such limitations or conditions as the Crown Attorney may set out in the delegation. 2025, c. 6, Sched. 1, s. 1.

Section Amendments with date in force (d/m/y)

2025, c. 6, Sched. 1, s. 1 - 05/06/2025

Regulations

9 The Minister responsible for the administration of this Act may make regulations,

(a)  prescribing forms for the purposes of this Act and providing for their use;

(b)  for the purposes of subsection 8.1 (1), prescribing information to be provided under that subsection and governing the provision of such information, including specifying when it must be provided and who it must be provided to. 2025, c. 6, Sched. 1, s. 2.

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 2, s. 8 (3) - 15/12/2009

2017, c. 20, Sched. 11, s. 5 - 01/01/2022

2025, c. 6, Sched. 1, s. 2 - 05/06/2025

FORMs 1, 2 Repealed: 2017, c. 20, Sched. 11, s. 6.

Section Amendments with date in force (d/m/y)

2017, c. 20, Sched. 11, s. 6 - 01/01/2022