Bail Act, R.S.O. 1990, c. B.1

Bail Act

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

Historical version for the period November 14, 2017 to December 31, 2021.

Last amendment: 2017, c. 20, Sched. 11, s. 3-6.

Legislative History: 2009, c. 33, Sched. 2, s. 8; 2017, c. 20, Sched. 11, s. 3-6

Crown Attorney to deliver or transmit certificate of lien

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 (Form 1) to the sheriff of the county in which the land mentioned therein is situate.  R.S.O. 1990, c. B.1, s. 1.

Note: On January 1, 2022, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by striking out “(Form 1)”. (See: 2017, c. 20, Sched. 11, s. 3 (1))

Note: On January 1, 2022, the day named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following subsection: (See: 2017, c. 20, Sched. 11, s. 3 (2))

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 136 (1) of the Land Titles 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).

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

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

3.-5 Repealed:  2009, c. 33, Sched. 2, s. 8 (1).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 As soon as a surety is discharged, the lien is discharged, and the Crown Attorney shall deliver or transmit a certificate of discharge (Form 2) to the sheriff to whom the certificate of lien was delivered or transmitted.  R.S.O. 1990, c. B.1, s. 7.

Note: On January 1, 2022, the day named by proclamation of the Lieutenant Governor, section 7 of the Act is amended by striking out “(Form 2)”. (See: 2017, c. 20, Sched. 11, s. 4 (1))

Note: On January 1, 2022, the day named by proclamation of the Lieutenant Governor, section 7 of the Act is amended by adding the following subsection: (See: 2017, c. 20, Sched. 11, s. 4 (2))

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

9 Repealed:  2009, c. 33, Sched. 2, s. 8 (3).

Note: On January 1, 2022, the day named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 20, Sched. 11, s. 5)

Regulations

9 The Minister responsible for the administration of this Act may make regulations prescribing forms for the purposes of this Act and providing for their use. 2017, c. 20, Sched. 11, s. 5.

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

FORM 1
CERTIFICATE OF LIEN

R.S.O. 1990, c. B.1, Form 1.

Note: On January 1, 2022, the day named by proclamation of the Lieutenant Governor, Form 1 of the Act is repealed. (See: 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

FORM 2
CERTIFICATE OF DISCHARGE

R.S.O. 1990, c. B.1, Form 2.

Note: On January 1, 2022, the day named by proclamation of the Lieutenant Governor, Form 2 of the Act is repealed. (See: 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

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