Bail Act

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

Consolidation Period:  From June 2, 2026 to the e-Laws currency date.

Last amendment: 2026, c. 7, Sched. 2, s. 1-9.

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; 2026, c. 7, Sched. 2, s. 1-9.

CONTENTS

 

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).

Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 1 (1) of the Act is repealed and the following substituted: (See: 2026, c. 7, Sched. 2, s. 1)

Registration of certificate of lien

(1) In cases where a release order referred to in section 515 of the Criminal Code (Canada) is made in respect of an accused, the Crown Attorney may register, in the proper land registry office, a certificate of lien against the land mentioned in the certificate for an amount equal to the amount a surety has promised to pay in the release order if the accused fails to comply with a condition of the order. 2026, c. 7, Sched. 2, s. 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

2026, c. 7, Sched. 2, s. 1 - not in force

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.

Note: On a day to be named by order of the Lieutenant Governor in Council, section 2 of the Act is repealed and the following substituted: (See: 2026, c. 7, Sched. 2, s. 2)

Sale of land in the event of default

2 If the surety referred to in subsection 1 (1) fails to pay to the Crown any amount the surety has been ordered to pay under section 771 of the Criminal Code (Canada), the Crown may enforce the lien by sale of the real property against which it is registered in the same manner as a sale to realize on a mortgage. 2026, c. 7, Sched. 2, s. 2.

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

2026, c. 7, Sched. 2, s. 2 - not in force

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 Repealed:  2009, c. 33, Sched. 2, s. 8 (1).

Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2026, c. 7, Sched. 2, s. 2)

Expiry of lien

3 A lien arising from a certificate of lien registered under section 1 expires on the sixth anniversary of the date the certificate was registered against the land unless, before the end of the six-year period,

(a) a writ of fieri facias issued under section 771 of the Criminal Code (Canada) against the surety referred to in subsection 1 (1) of this Act is filed with the sheriff of the county in which the land is situated; and

(b) the sheriff takes all the steps they are required to take under subsection 10 (4) of the Execution Act in respect of the writ they have received. 2026, c. 7, Sched. 2, s. 2.

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

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

2026, c. 7, Sched. 2, s. 2 - not in force

4.-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).

Note: On a day to be named by order of the Lieutenant Governor in Council, section 6 of the Act is repealed. (See: 2026, c. 7, Sched. 2, s. 3)

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

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

2026, c. 7, Sched. 2, s. 3 - not in force

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).

Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 7 (1) of the Act is repealed and the following substituted: (See: 2026, c. 7, Sched. 2, s. 4)

Certificate of discharge

(1) The Crown Attorney may,

(a) register a certificate of discharge in the proper land registry office; or

(b) if the certificate of lien is continued under section 8.4, deliver a certificate of discharge to the sheriff to whom the certificate of lien was delivered or transmitted. 2026, c. 7, Sched. 2, s. 4.

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

2026, c. 7, Sched. 2, s. 4 - not in force

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).

Note: On a day to be named by order of the Lieutenant Governor in Council, section 8 of the Act is repealed and the following substituted: (See: 2026, c. 7, Sched. 2, s. 5)

Collection of amounts owed to the Crown

8 (1) The Minister of Finance may take one or more of the measures described in section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act to enforce the collection of a debt to the Crown under section 771 of the Criminal Code (Canada) if the Minister responsible for the administration of this Act has entered into a memorandum of understanding under section 11.1 of the Ministry of Revenue Act for the Minister of Finance to provide collection services. 2026, c. 7, Sched. 2, s. 5.

Application of ss. 11.1.1, 11.1.2 and 11.1.4 of Ministry of Revenue Act

(2) None of the measures described in section 11.1.1, 11.1.2 or 11.1.4 of the Ministry of Revenue Act shall be taken with respect to debt referred to in subsection (1) of this section unless,

(a) the Minister responsible for the administration of this Act has entered into a memorandum of understanding with the Minister of Finance for the purpose of authorizing the Ministry of Finance to take such measures; and

(b) such measures are taken in accordance with,

(i) the terms set out in the memorandum of understanding referred to in clause (a), and

(ii) any other requirements, limitations, conditions or terms prescribed by the regulations. 2026, c. 7, Sched. 2, s. 5.

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

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

2026, c. 7, Sched. 2, s. 5 - not in force

Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2026, c. 7, Sched. 2, s. 6)

Security deposit

8.0.1 (1) The following requirements apply with respect to a release order referred to in section 515 of the Criminal Code (Canada) made in respect of an accused:

1. If the order sets out the accused’s promise to pay a specified amount if the accused fails to comply with a condition of the order, the accused shall pay the amount specified in the order to the person specified in the regulations, at the time and in the manner specified in the regulations.

2. If the order sets out a surety’s promise to pay a specified amount if the accused fails to comply with a condition of the order, the surety shall pay the amount specified in the order to the person specified in the regulations, at the time and in the manner specified in the regulations. 2026, c. 7, Sched. 2, s. 6.

Offence

(2) A person who fails to comply with subsection (1) is guilty of an offence. 2026, c. 7, Sched. 2, s. 6.

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

2026, c. 7, Sched. 2, s. 6 - not in force

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.

Note: On a day to be named by order of the Lieutenant Governor in Council, subsection 8.1 (2) of the Act is amended by adding the following paragraph: (See: 2026, c. 7, Sched. 2, s. 7)

1.2 A person named as a surety in a release order referred to in section 515 of the Criminal Code (Canada) for which a certificate of default has been endorsed under section 770 of that Act.

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

2026, c. 7, Sched. 2, s. 7 - not in force

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

Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2026, c. 7, Sched. 2, s. 8)

Limitation period

8.3 A proceeding for an offence under this Act shall not be commenced after five years after the date on which the offence was, or is alleged to have been, committed. 2026, c. 7, Sched. 2, s. 8.

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

2026, c. 7, Sched. 2, s. 8 - not in force

Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2026, c. 7, Sched. 2, s. 8)

Transition

8.4 (1) Certificates of lien that were delivered or transmitted to the sheriff of the county in which the land is situated before the day section 8 of Schedule 2 to the Keeping Criminals Behind Bars Act, 2026 came into force continue to be in effect but are deemed to expire two years after that day unless a writ of fieri facias issued under section 771 of the Criminal Code (Canada) in respect of the lien is filed with the sheriff before they expire. 2026, c. 7, Sched. 2, s. 8.

Same

(2) The sheriff may withdraw from the index of writs of execution maintained under the Execution Act any certificate of lien deemed to have expired under subsection (1) without notice to the Crown Attorney. 2026, c. 7, Sched. 2, s. 8.

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

2026, c. 7, Sched. 2, s. 8 - not in force

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.

Note: On a day to be named by order of the Lieutenant Governor in Council, section 9 of the Act is amended by adding the following clause: (See: 2026, c. 7, Sched. 2, s. 9 (1))

(c) prescribing requirements, limitations, conditions or terms for the purposes of subclause 8 (2) (b) (ii).

Note: On a day to be named by order of the Lieutenant Governor in Council, section 9 of the Act is amended by adding the following clauses: (See: 2026, c. 7, Sched. 2, s. 9 (2))

(d) governing the payment of amounts under subsection 8.0.1 (1);

(e) providing for the administration of amounts received under subsection 8.0.1 (1), including how such amounts shall be held and administered and the circumstances in which an amount or part of an amount shall be refunded to the person who paid the amount.

Note: On a day to be named by order of the Lieutenant Governor in Council, section 9 of the Act is amended by adding the following subsection: (See: 2026, c. 7, Sched. 2, s. 9 (3))

Regulations re transitional matters

(2) The Minister responsible for the administration of this Act may make regulations governing transitional matters that, in the opinion of the Minister, are necessary or advisable to deal with issues arising out of the amendments to this Act made by Schedule 2 to the Keeping Criminals Behind Bars Act, 2026. 2026, c. 7, Sched. 2, s. 9 (3).

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

2026, c. 7, Sched. 2, s. 9 (1-3) - not in force

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