Ontario Bail Act updated: certificate of lien now registered in land registry, new security deposit and collection rules now in force

Plain-language summary · AI-assisted

Several changes to Ontario's Bail Act that were previously flagged as "not yet in force" are now in effect. The Crown Attorney can now register a certificate of lien directly in the proper land registry office (rather than delivering it to a sheriff), and a matching certificate of discharge is registered there as well. The older mechanism for establishing a lien through the sheriff and the sheriff's duty to include bail lien information in execution certificates have been removed. A new security deposit requirement means an accused named in a release order who promises to pay a specified amount must actually pay it to a designated person as prescribed. The Crown's ability to collect amounts owed—including through Ministry of Finance collection measures—is now active, and a five-year limitation period for offences under the Act applies. Sureties and persons who have defaulted on a release order must provide prescribed information to the Crown as required by regulation. Existing certificates of lien held by sheriffs remain valid but are deemed to expire two years after the amending provisions came into force unless a writ of fieri facias is filed before then.

Who this affects
sureties on bail release orders · accused persons subject to release orders · Crown Attorneys · land registry offices · sheriffs holding existing certificates of lien