New rules set out how sureties pay and recover security deposits under Ontario's Bail Act

Plain-language summary · AI-assisted

A new regulation establishes the mechanics for security deposits required when an accused is released on bail. Sureties or accused persons must pay the deposit amount in cash, money order, or bank draft to the clerk of the Ontario Court of Justice within two business days of release, and must submit a completed security deposit form at the same time. The deposit is held in a non-interest-bearing account, and a refund (also without interest) is available once the release order is no longer in effect and no certificate of default or forfeiture order has been made. Sureties must also file a surety reporting form within two business days of the accused's release, and must update that form within two business days of any change to their information. These requirements apply only to release orders made on or after the relevant provisions of the Keeping Criminals Behind Bars Act, 2026 come into force.

Who this affects
bail sureties · accused persons released on a release order · Ontario Court of Justice clerks · criminal defence practitioners