Reviewed by Farid Zamani, Criminal Defence Lawyer
When a loved one is arrested, family members often want to know what is required for release. In some Ontario bail cases, the court may require a surety to supervise the accused. However, a surety is not required in every case. Canadian bail law requires courts to consider less restrictive forms of release before imposing surety supervision.
While signing a surety document might feel like a simple formality to help a family member come home, it is a significant legal and financial commitment. Sureties can play an important role in supervising an accused person who has been released on bail.
Before you agree to take on this role, it is critical to understand what a surety does, the financial risks involved, and the practical realities of enforcing strict bail conditions, especially in light of strict new provincial regulations.
Key Takeaways
- More Than a Character Reference: A surety is an adult who acts as a community supervisor, taking responsibility for helping ensure the accused attends court and follows all bail conditions.
- Significant Financial Risk & New Cash-Deposit Rules: If a release order requires a surety to promise to pay a specified amount, Ontario’s new rules require that amount to be provided as a cash security deposit after the accused is released.
- The Surety Declaration: You will normally need to swear a legal declaration detailing your finances, background, and understanding of your duties. You are also required to keep your contact and ID information up to date.
- The Right to Withdraw: If you can no longer control the accused, you have a legal right to apply to withdraw your support, but you remain responsible until legally discharged or replaced.
2026 Ontario Bail & Surety Updates
The Ontario justice system implemented major changes to the surety process in 2026:
- July 2026 – Expanded Surety Declarations: The Ontario Court of Justice made an Expanded Surety Declaration available province-wide. This expanded form allows proposed sureties to provide the court with more detailed information about their finances and supervision plan in writing. While the standard Form 12 remains in use, the expanded form is an optional alternative when the required consent is obtained.
- August 17, 2026 – Enhanced Bail Requirements: The Ontario government brought new measures into force to strengthen bail compliance and accountability. These include new cash security deposit requirements, the development of a provincial surety database intended to streamline surety checks, strict contact information rules for sureties, and enhanced collection tools to recover forfeited bail money.
What Does a Surety Actually Do?
A surety acts as a community supervisor who takes responsibility for helping ensure that the accused attends court and follows the conditions of the release order.
When you are approved as a surety, you take on primary responsibilities:
- Ensuring Court Attendance: You must help guarantee that the accused attends all required court dates, from routine appearances to a potential trial.
- Enforcing Bail Conditions: You must ensure the accused strictly follows every rule in their release order. These conditions often include curfews, house arrest, weapons prohibitions, abstaining from drugs or alcohol, and no contact orders with specific individuals.
- Reporting Breaches: A surety must take the supervision role seriously and should not ignore a known breach. Ontario’s Expanded Surety Declaration requires a proposed surety using that form to acknowledge that a failure to appear or breach of a release condition must be reported immediately to police. A breach may also expose the surety’s pledged amount to forfeiture proceedings.
The Financial Reality of Pledging Money
Previously, in Ontario, a surety usually promised to pay a specified amount without an immediate cash deposit. However, effective August 17, 2026, Ontario introduced new measures under the Bail Act. If a release order requires a surety to promise to pay a specified amount, Ontario’s new cash-security rules require that amount to be deposited. Under the new provincial rules, payment is due within two business days after the accused is released.
This is a legally binding financial obligation. The court will assess your assets, such as home equity, savings, and income, to ensure you can actually pay the pledged amount. If the accused defaults on the release order, the court may order some or all of the pledged amount forfeited.
The Forfeiture Process
If the accused fails to comply with any conditions of their release order, the court can endorse a certificate of default. Once a default is certified, a judge will fix a time and place for a forfeiture hearing to inquire into the circumstances of the case.
If forfeiture is ordered and the resulting debt is not paid, Ontario has additional collection tools that may include garnishment, property liens, and seizure and sale of property. In more serious enforcement circumstances, section 773 of the Criminal Code also permits a further court application where the amount cannot be recovered, and the judge has additional enforcement powers.
What You Sign: The Surety Declaration
A proposed surety will normally provide a sworn Form 12 Surety Declaration. Ontario also permits parties to use an Expanded Surety Declaration in bail matters province-wide where the required consent is obtained. This document is sometimes informally described as a bail affidavit.
In this declaration, you provide:
- Your relationship to the accused.
- Your employment status and financial capacity.
- Your own criminal record, if any.
- Your willingness and ability to enforce the proposed bail conditions.
Furthermore, Ontario’s Bail Act requires sureties to provide prescribed information in accordance with provincial requirements. This can include current contact and identification information. Failure to provide required information as prescribed can constitute a provincial offence.
Knowingly making a false statement under oath with the intent to mislead can amount to perjury under section 131 of the Criminal Code.
Can I Stop Being a Surety?
Supervising someone on bail can be stressful. If your relationship with the accused deteriorates, or if you feel you can no longer enforce their conditions, you can apply to be removed.
Under section 766 of the Criminal Code, a surety can apply in writing to the court to be relieved of their obligation. A surety may also bring the accused before the court under section 767. Alternatively, section 767.1 permits the court to substitute another suitable surety instead of committing the accused to custody.
The original surety remains responsible until they have legally been discharged or a replacement surety has completed the required process. Ontario’s Expanded Surety Declaration expressly warns sureties that they remain responsible until the accused has been brought into custody or a replacement surety has signed the release order. A surety considering withdrawal should contact the court, the police where appropriate, and obtain legal advice rather than attempting a physical confrontation.
Seek Independent Legal Advice
The accused’s lawyer may explain the proposed release plan and surety process, but that lawyer represents the accused. A proposed surety may obtain independent legal advice about their own financial exposure and responsibilities before accepting the role. A lawyer can ensure you fully understand your rights and obligations before you sign anything.
Frequently Asked Questions
Does a surety have to live with the accused?
Not always. The court assesses whether the proposed supervision is realistic. Ontario’s current Expanded Surety Declaration expressly recognizes both residential and non-residential sureties, so living separately is possible, but distance may affect your suitability to supervise the accused effectively.
Can a surety withdraw at any time?
Yes, a surety can apply in writing to the court to be relieved of their duties. However, you are not officially relieved of your obligations until you are legally discharged by the court or a replacement surety is approved.
Do I have to deposit the pledged money?
If the release order requires you, as a surety, to promise to pay a specified amount, Ontario’s new cash-security rules require that amount to be deposited. Under the new provincial rules, payment is due within two business days after the accused is released.
What happens if the accused breaches bail?
If the accused breaches a condition or fails to appear in court, you should report it to the police immediately. A breach may lead to the Crown seeking forfeiture of the money you pledged, which the province can collect via wage garnishment, property liens, or seizing assets.
Can someone with a criminal record be a surety?
Yes. Having a criminal record does not automatically disqualify you, but you must disclose it in your Surety Declaration. The court will consider your record when assessing your suitability.
Do I have to pay a bail bondsman in Ontario?
No. The commercial bail bond industry does not exist in Canada. Section 139 of the Criminal Code makes it an obstruction of justice offence for a surety to accept a fee or indemnity in connection with acting as a surety, and also prohibits indemnifying a surety.
What happens if the accused is found guilty? Do I lose my pledged money?
Not automatically. A finding of guilt does not by itself cause the pledged amount to be forfeited. Forfeiture relates to a failure to comply with the release order. The surety’s obligation generally continues until the charges are disposed of or the surety is otherwise legally discharged.
Last legally reviewed: August 18, 2026
Legal Disclaimer
This article provides general legal information and is not legal advice. Reading it or contacting Zamani Law does not by itself create a lawyer-client relationship. Criminal cases and bail hearings depend on the specific facts, charges, Crown position, and current law. Laws and court decisions may change after publication. Obtain advice from a criminal defence lawyer about your own circumstances. No particular result is promised or guaranteed.
About the Author
Farid Zamani is the founder of Zamani Law, a criminal defence firm based in the GTA committed to protecting clients’ rights with professionalism and compassion. After earning his law degree at Buckingham Law School in the U.K., Farid worked at Daley Byers Criminal Law for 12 years before launching his own firm. Farid practises criminal law and has experience handling a wide range of serious and complex cases. Dedicated to the community, Farid is the co-founder of the non-profit Children Without Borders and has contributed to many other charitable organizations.