Skip to main content 
A surety is a person the court approves to supervise someone released on bail. The surety promises the court that the accused will attend court and obey every condition of the release order, and pledges an amount of money that can be forfeited if the accused does not. The obligation lasts until the case ends, which can take years. Since July 15, 2026, someone convicted of an indictable offence in the past ten years can be a surety only in limited circumstances. For how bail hearings work, see our Toronto bail lawyer page.
A surety is someone who agrees to take responsibility for a person accused of a crime while out on bail. Being a surety is a serious commitment. Before you accept this responsibility, here are a few things you should consider:
- Think about getting legal advice to make sure you understand what this commitment means.
- Do not agree to be a surety if you are not sure that you can supervise the accused person in the community.
- If the accused person fails to obey the terms and/or conditions of the court order, you could lose the money you have pledged.
- Your responsibility as a surety continues until the case is completely over. In some cases, this may take many months or even years.
- The role
- Supervise and pledgeMake sure the accused attends court and obeys every condition
- Who decides
- The bail courtA justice or judge approves each surety (Criminal Code s. 515(2.1))
- How long
- Until the case endsThrough to sentence if the accused is found guilty
- If there is a breach
- A forfeiture hearingA judge decides whether you pay all, part or none
What are my responsibilities as a surety?
Four stages, one promise: the accused will come to court and keep every condition.
As a surety, you are making a commitment to the court. Essentially, a surety promises to make sure the accused person comes to court on time and on the right dates and promises to make sure that the accused person obeys each condition of the bail order, known in the Criminal Code since 2019 as a release order and still often called a recognizance.
Conditions of the bail may require the accused person to report to the police and obey a curfew. They may also order the accused to not possess weapons, drink alcohol and/or communicate directly or indirectly with the victim or victim's family. This means that you as the surety are also not to communicate on behalf of the accused person with the victim or the victim's family.
If you are accepted as a surety, you must sign the release order (the recognizance). It means that you agree to pay a specified amount of money if the accused person fails to obey the court order.
Conditions are not meant to be added by rote. The Supreme Court of Canada held in R v Zora, 2020 SCC 14, that every bail condition must be necessary, reasonable, the least onerous in the circumstances and sufficiently linked to a real risk, and warned that broad conditions such as “obey the rules of the house” can be problematic. A condition you cannot realistically supervise is worth raising before you sign, not after. The obligation also outlasts adjournments: the order continues to bind the accused and the sureties until the trial is over or, if the accused is found guilty, until sentence (Criminal Code ss. 523(1), 763 and 764).
Is it against the law to accept money to be a surety? Accepting a fee or being paid back in return for acting as a surety is against the law and a person found engaging in such behavior can be charged with the crime of obstructing justice. Under Criminal Code s. 139(1), it is an offence for a surety to accept or agree to accept a fee or any form of indemnity, and for anyone to indemnify a surety. It carries up to two years in prison. That is why Canada has no commercial bail bonds.
What are the qualifications of a surety?
The judge or justice of the peace will decide whether you are suitable to act as a surety. Qualifications of a surety will vary depending on the allegations or charges against the accused. The judge will look at your finances, personal character and background. You may have to give evidence in court and be cross-examined about your qualifications.
The court can name particular people as sureties (Criminal Code s. 515(2.1)). Since July 15, 2026, the Bail and Sentencing Reform Act, S.C. 2026, c. 11, has added a bar: a person convicted of an indictable offence within the ten years before the release order cannot be named unless the court is satisfied that no other suitable surety is available and that naming them is in the interests of justice. If the court does name them, it must put its reasons on the record (s. 515(2.12)). The rule applies to bail proceedings that were already under way when it came into force. A conviction for a hybrid offence counts if the Crown prosecuted it by indictment, but not if it proceeded summarily (Interpretation Act s. 34(1)). It is worth checking a proposed surety’s record early and lining up a second surety.
Your finances
You must show you have the amount you are pledging, for example with bank statements or a property deed. The pledge is only as meaningful as your ability to pay it.
Your character and background
The court looks at who you are, your relationship with the accused, and whether you have a criminal record or outstanding charges yourself.
Your ability to supervise
Where you live and work, how much time you can spend with the accused, and what you would do if a condition were broken.
Your record: the 2026 rule
A court must not name as a surety anyone convicted of an indictable offence in the ten years before the release order, unless no other suitable surety is available and it is in the interests of justice (Criminal Code s. 515(2.11)).
Our lawyers prepare every proposed surety for the questions the justice and the prosecutor are likely to ask. One wrong answer can be the difference between a release and a detention order. See how the rest of the hearing works on our bail hearings page.
Does every bail need a surety?
A surety is not the starting point. Every accused person has the right not to be denied reasonable bail without just cause (Charter s. 11(e)), and the Criminal Code sets out the forms of release as a ladder, from least to most onerous:
- Release with no financial obligation (Criminal Code s. 515(2)(a))
- The accused’s own promise to pay an amount if they breach (s. 515(2)(b))
- One or more sureties, with or without the accused’s promise to pay (s. 515(2)(c))
- A deposit of money or other security (s. 515(2)(d))
- A deposit, with or without sureties, for someone who lives out of the province or more than 200 km away (s. 515(2)(e))
Outside reverse-onus cases, the court cannot move up a rung unless the prosecution shows why the less onerous forms would be inadequate (s. 515(2.01)), and before requiring a surety it must be satisfied a surety is the least onerous form of release possible (s. 515(2.03)). In R v Antic, 2017 SCC 27, the Supreme Court of Canada called a surety release “one of the most onerous forms of release” and held that a surety should not be imposed unless all the less onerous forms have been considered and rejected.
The 2026 reforms changed this for reverse-onus cases. Where the accused must justify release, the ladder rule in s. 515(2.01) no longer applies (s. 515(2.04)), and the accused must clearly demonstrate that the proposed release plan addresses the risks (s. 515(6)). In those cases a well-prepared surety is often the core of the plan. The list of reverse-onus offences is on our bail hearings page.
No surety available? Ontario has Bail Verification and Supervision programs, run by community agencies such as the John Howard Society, for people who qualify for bail but lack the money or community ties to meet their conditions. The program verifies information for the court, may require the accused to report to it or to the police, helps them keep their conditions and connects them to services. Ontario’s Crown Prosecution Manual recognizes that supervision may be available through the program instead of a surety.
Do I need to pay the money pledged on the bail right away?
In most cases, a person signing bail need only promise to pay the money they are pledging at a future date if the accused fails to comply with the bail order. However, in some cases, in addition to the surety's pledge to pay a specified amount of money, the accused will be required to deposit a sum of money to the court. That is now rare: the court must favour a promise to pay over a deposit where the accused or the surety has reasonably recoverable assets (Criminal Code s. 515(2.02)), and in R v Antic the Supreme Court held that cash bail should be relied on only in exceptional circumstances, in an amount within the readily available means of the accused and the sureties. A pledge has the same pull as cash: either way, the money is lost if the accused breaches.
Where there has been a deposit of cash by the accused person, or by the surety on behalf of the accused and the case is over, that money is returned to the accused person and not to the surety. Care should be exercised to ensure that the surety who posts a cash bail has a clear agreement with the accused person to return the cash deposit.
| Question | Pledge (promise to pay) | Cash deposit |
|---|---|---|
| What it is | A promise to pay a set amount if the accused breaks the order. | Money or other security handed to the court at the start. |
| When money moves | Only if a judge orders forfeiture after a default. | Before the accused is released. |
| What the law prefers | Favoured whenever the accused or surety has reasonably recoverable assets (s. 515(2.02)). | Only in exceptional circumstances, never more than the accused and sureties can raise (Antic). |
| After a breach | A judge decides whether to forfeit all, part or none; the surety becomes a judgment debtor for any amount ordered (s. 771). | The deposit is sent to the court clerk and can be forfeited (ss. 770(4), 771(4)). |
| When the case ends | The pledge simply ends. Nothing is paid. | Returned once the case is over and the bail terms have been followed. |
How do I end my obligations as a surety?
You may decide that you are no longer willing or able to supervise the accused person. In this case you have two options:
-
Bring the accused to court yourself
You may bring the accused to the court personally and ask that you be relieved of your responsibilities. During the court’s sittings and before trial, a surety can discharge the obligation by giving the accused into the custody of the court (Criminal Code s. 767).
-
Or apply in writing
You may come to the court and apply in writing to the court to be relieved of your duties. The court will then issue an order for the arrest of the accused person: a written order for committal that is given to you, and that lets you or any police officer arrest the accused and take them to jail (s. 766(1)–(2)).
-
The court may substitute a new surety
Instead of sending the accused to jail, the court can substitute another suitable person as surety. Once the new surety signs, the original surety is discharged (s. 767.1).
-
Your obligations end
Once the accused is in custody and the committal is endorsed on the release order, the order is cancelled and the sureties are discharged (s. 766(3)–(4)). The accused is then brought back before a justice for a new bail hearing (s. 769).
Your safety comes first. If you believe the accused person is a threat to your safety, you should not attempt to bring the accused person back to court yourself. Once a court order is made, the police can arrest the accused, and your obligations will be over once the accused is in custody and the committal is endorsed.
If the problem is a condition rather than the surety, the release can often be varied instead, with the Crown’s consent or on a review. See our bail lawyer page for bail reviews and variations.
What happens if the accused person fails to obey his bail conditions?
If the accused person fails to appear in court or breaks any other term of the bail order, the accused person may be charged with another criminal offence: failing to attend court or failing to comply with a release order, each punishable by up to two years in prison (Criminal Code s. 145(2), (5)). If the court finds a breach, it can cancel the release, and the accused must then clearly demonstrate a plan that addresses the risks (s. 524(4)). See failing to comply with bail conditions for how those charges are defended.
If the person breaches the court order or fails to appear for his/her court date, the Crown may ask the court to make you pay the money you committed as a surety. This does not depend on the accused being convicted of a new charge. A hearing will be scheduled. You and the accused person will be given at least 10 days notice of the date and place of the hearing.
The hearing is called estreatment. It will give you an opportunity to explain why you should not lose your money. After hearing from you and the prosecutor, the judge may order that you pay all, part, or none of your money pledged on the bail.
Further legal action may be taken against you to collect the amount owing.
How a forfeiture (estreatment) hearing works
-
The default is recorded
A court that knows of the breach endorses a certificate on the release order setting out the default, the reason for it if known, and the names of the accused and the sureties (Criminal Code s. 770).
-
A forfeiture hearing is set
On the Crown’s or the clerk’s request, a judge fixes a hearing. Each surety must be sent notice at least 10 days before it, requiring them to show cause why the amount should not be forfeited (s. 771(1)).
-
The judge decides how much
After hearing from the surety and the prosecutor, the judge has a discretion to forfeit all, part or none of the amount (s. 771(2)).
-
The Crown collects
A surety ordered to pay becomes a judgment debtor of the Crown. The order can be enforced like a civil judgment, and a deposit is simply transferred (s. 771(3)–(4)). If it still cannot be collected, a judge can hold a further hearing and, in the end, even order the surety imprisoned (s. 773).
Daniel Brown is a criminal lawyer with extensive experience assisting people who have unsuccessfully acted as sureties and now risk the possibility of losing the money pledged on the bail. If you are facing the possibility of losing your bail money, contact Daniel Brown Law immediately to arrange a consultation. Alternatively, you can follow this link for more information on bail hearings in Toronto.
Why Choose Daniel Brown Law?
Daniel Brown Law is a leading Canadian criminal defence firm. Bail hearings, and the sureties who make them work, are daily work for our lawyers.
A nationally recognized defence firm
Ranked among Canada’s top criminal law boutiques by Canadian Lawyer, listed for criminal defence by The Globe and Mail and Best Law Firms, and voted Best Law Firm and Best Legal Services by Toronto Star readers.
Sureties ready for every question
We meet proposed sureties before the hearing, go through the questions the Crown and the court are likely to ask, and build the supervision plan around what they can realistically do.
A plan built for the 2026 rules
We check each surety against the new ten-year record bar and, in reverse-onus cases, build a release plan that clearly addresses the risks.
Help when a pledge is at risk
We act for sureties at forfeiture hearings, where the judge decides whether they pay all, part or none of what they pledged.
Recognized by the profession and the public
Daniel Brown Law is ranked among Canada’s top criminal law boutiques by Canadian Lawyer, listed by The Globe and Mail and Best Law Firms for criminal defence, and voted Best Legal Services by Toronto Star readers. Five of its lawyers are recognized by Best Lawyers in Canada for criminal defence.
Best Law Firms: Criminal Law
The Globe and Mail, 2026
Top Criminal Law Boutique
Canadian Lawyer, 2026–27
Criminal Defence, Tier 1
Best Law Firms Canada, 2026
Best Lawyers in Canada
Criminal Defence, 2027
Toronto Star Readers’ Choice
Best Law Firm and Best Legal Services, repeat winner
Crime, Nationwide
Chambers Canada, 2027
The firm and its lawyers have been repeatedly recognized for excellence in criminal defence:
- Canada’s Best Law Firms 2026 — The Globe and Mail (Report on Business)
- Canada’s Top Criminal Law Boutiques 2026–27 — Canadian Lawyer Magazine
- Best Law Firms 2026 — Criminal Defence and Appellate Practice (Best Lawyers / Best Law Firms)
- Best Lawyers in Canada — Criminal Defence — Daniel Brown, Hilary Dudding, Mark Halfyard, Lindsay Board and Colleen McKeown
- Toronto Star Readers’ Choice Awards — Best Law Firm and Best Legal Services, repeat winner
- Chambers Canada 2027 — ranked for Crime, nationwide, by Chambers and Partners
- Certified Specialists in Criminal Law — Law Society of Ontario (Daniel Brown and Mark Halfyard — fewer than 2% of Ontario criminal lawyers hold this designation)
Acting as a Surety — Frequently Asked Questions
Short answers to the questions sureties ask most often.
Becoming a surety
What is a surety for bail?
A surety is someone who agrees to take responsibility for a person accused of a crime while out on bail. The surety supervises the accused, makes sure they attend court and obey their conditions, and pledges an amount of money that can be forfeited if they do not.
Who can be a surety?
Anyone the court finds suitable. The judge or justice looks at the surety’s finances, character, background and ability to supervise, and the surety may have to testify and be cross-examined. Since July 15, 2026, a person convicted of an indictable offence in the previous ten years can be named only if no other suitable surety is available and it is in the interests of justice (Criminal Code s. 515(2.11)).
Is a surety always required for bail?
No. Outside reverse-onus cases, a surety may be required only where no less onerous form of release would do (s. 515(2.01), (2.03); R v Antic, 2017 SCC 27). In reverse-onus cases the 2026 reforms switched that ladder rule off, and a surety is often the heart of the release plan.
What if nobody can act as a surety?
An accused person who qualifies for bail but has no surety may be supervised by Ontario’s Bail Verification and Supervision Program, which verifies information for the court and supervises people in the community.
Does the accused have to live with the surety?
Not always. A court can make living with the surety a condition where it is needed to address a real risk, and it often is. Like every bail condition, it must be necessary, reasonable and the least onerous that will do (R v Zora, 2020 SCC 14).
Your obligations and risks
Is it against the law to accept money to be a surety?
Yes. Accepting a fee or being paid back in return for acting as a surety is against the law and a person found engaging in such behavior can be charged with the crime of obstructing justice (Criminal Code s. 139(1)), which carries up to two years in prison.
How long does a surety’s responsibility last?
Your responsibility as a surety continues until the case is completely over: until the trial ends or, if the accused is found guilty, until sentence. In some cases, this may take many months or even years.
Can a surety be charged or go to jail?
A surety is not charged with the accused’s breach, but can lose the money pledged. A surety who takes a fee or indemnity can be charged with obstructing justice. And if a forfeiture judgment cannot be collected, a judge can, after a further hearing, order the surety imprisoned (s. 773).
Do I need to pay the money pledged on the bail right away?
Usually not. In most cases, a person signing bail need only promise to pay the money they are pledging at a future date if the accused fails to comply with the bail order. A cash deposit is ordered only in exceptional circumstances.
Do I get my money back?
A pledge is never paid unless a judge orders forfeiture, so there is nothing to get back. A cash deposit is returned once the case is over and the bail terms have been followed, but it goes back to the accused, not to the surety who posted it, so agree in writing that the accused will repay the surety.
Getting out, and forfeiture
How do I end my obligations as a surety?
Bring the accused to court and ask to be relieved, or apply in writing for an order for the accused’s committal (Criminal Code ss. 766–767). The court may instead substitute a new surety (s. 767.1). If you believe the accused is a threat to your safety, do not try to bring them to court yourself.
What happens if the accused person fails to obey his bail conditions?
The accused may be charged with another criminal offence, and the Crown may apply to forfeit the surety’s pledge, whether or not the accused is convicted of a new charge.
What is a bail estreatment hearing?
The hearing on the Crown’s application to forfeit a surety’s pledge. You receive at least 10 days’ notice, can explain why you should not lose your money, and the judge may order you to pay all, part or none of it (s. 771).
Charges we defend
Learn more about some of the charges we defend. We defend more than what we have written blog articles about.
- Assault
- Bail hearings
- Bail pending appeal
- Coercive control
- Criminal appeals
- Criminal harassment
- Dangerous driving
- Distributing an intimate image
- Domestic assault
- Drug possession
- Drug trafficking
- Extradition
- Fail to appear at court
- Fail to comply with bail
- Failing to remain at the scene
- Firearm and weapon possession
- Forcible confinement
- Fraud
- Impaired driving
- Importing drugs
- Mischief
- Murder and manslaughter
- Obstruct police
- Peace bonds
- Public mischief
- Refusing a breath sample
- Robbery
- Sexual assault
- Sexual exploitation
- Theft and shoplifting
- Uttering threats
- Voyeurism
- Young offenders
Asked to be a surety, or facing forfeiture? Talk to Daniel Brown Law
Whether you are preparing to testify at a bail hearing or trying to keep the money you pledged, talk to us before the court date. To arrange a consultation with Daniel Brown Law, contact our team or call our office at (416) 297-7200.
Phone: (416) 297-7200
Office: Daniel Brown Law, 400–103 Church St., Toronto, ON M5C 2G3