Skip to main content 
House arrest in Ontario is usually part of a conditional sentence: a jail sentence of less than two years that a judge lets you serve at home, under strict conditions, instead of in jail. It is available only where the offence is not excluded by section 742.1 of the Criminal Code and the judge is satisfied it is safe and fits the principles of sentencing. Breaking it can send you to jail for the rest of the term.
Conditional sentencing, introduced in Canada in September 1996, allows for sentences of imprisonment to be served in the community, rather than in a correctional facility. Conditional sentences normally include a period of house arrest but may also include graduated restrictions including curfew and residence requirements, in order to allow those bound by a conditional sentence to work or attend school where appropriate.
One of the primary goals of conditional sentencing was to reduce the reliance upon incarceration by providing an alternative sentencing mechanism to the courts. The provisions governing conditional sentences are set out in sections 742 to 742.7 of the Criminal Code.
This guide first appeared in 2012, when Parliament was cutting back on house arrest. The law has changed twice since: most of the 2012 restrictions were repealed in 2022, and new exclusions for sexual offences took effect on July 15, 2026. It has been updated to the law as it stands in September 2026, and the 2012 history is kept below.
- What it is
- Jail served at homeA conditional sentence of imprisonment, Criminal Code s. 742.1
- Longest term
- Under two yearsThe jail term must be less than two years
- Not available for
- Excluded offencesOffences with a minimum jail term, and the offences listed in s. 742.1
- If you breach it
- Possible jailFor part or all of the time left, s. 742.6(9)
Who can get house arrest in Ontario?
Four requirements in section 742.1. A judge considers house arrest only when all of them are met.
Section 742.1 of the Criminal Code allows a judge who imposes a sentence of imprisonment of less than two years to order that it be served in the community, subject to conditions, if all four requirements are met. The Supreme Court of Canada explained how the section works in R v Proulx, 2000 SCC 5:
- The judge first rules out probation and a penitentiary term. The judge does not have to fix an exact jail term before deciding whether it can be served at home.
- A conditional sentence does not have to be the same length as the jail term it replaces. The more serious the offence, the longer and more onerous it should be.
- No offence is excluded except those Parliament excludes, and there is no presumption for or against house arrest for any particular offence.
- Neither side carries a burden of proof. A conditional sentence can be imposed even where there are aggravating circumstances, though the need for denunciation and deterrence then increases.
Insofar as the fourth requirement is concerned, among the objectives of sentencing are (Criminal Code s. 718):
- The denunciation of unlawful conduct and the harm it does to victims or to the community;
- The deterrence of the offender and others from committing offences;
- The separation of offenders from society, where necessary;
- The rehabilitation of the offender;
- The provision of reparation for harm done to victims or the community; and
- The promotion of a sense of responsibility in the offender, and acknowledgment of the harm done to victims or to the community.
House arrest is a punishment, not probation. In Proulx the Supreme Court held that a conditional sentence must have a punitive side, and that conditions such as house arrest should be the norm, not the exception. Where denunciation and deterrence are especially pressing, jail will generally be preferred.
What crimes cannot get house arrest?
Since November 17, 2022, most offences can be served as a conditional sentence if the four requirements are met. That was the effect of Bill C-5 (S.C. 2022, c. 15), which repealed most of the 2012 exclusions described below. The Bail and Sentencing Reform Act (S.C. 2026, c. 11) then added sexual offences to the list from July 15, 2026. Today the list is:
| Offence | Excluded when |
|---|---|
| Any offence with a minimum jail terms. 742.1(b) | Always |
| Attempted murders. 239; firearm cases also carry a minimum | Always |
| Tortures. 269.1 | Always |
| Advocating genocides. 318 | Always |
| Terrorism or criminal organization offence with a maximum of 10 years or mores. 742.1(d) | Prosecuted by indictment |
| Sexual assault with a weapon, threats to a third party or causing bodily harms. 272 | Always, for offences on or after July 15, 2026 |
| Aggravated sexual assaults. 273 | Always, for offences on or after July 15, 2026 |
| Sexual assaults. 271 | Prosecuted by indictment, offences on or after July 15, 2026 |
| Sexual exploitation of a person with a disabilitys. 153.1 | Prosecuted by indictment, offences on or after July 15, 2026 |
| Any sexual offence involving a victim under 18s. 742.1(c.2) | Prosecuted by indictment, offences on or after July 15, 2026 |
The date of the offence matters. The 2026 additions apply only to offences committed on or after July 15, 2026 (S.C. 2026, c. 11, s. 58(1)). For a sexual assault committed between November 17, 2022 and July 14, 2026, a conditional sentence can still be considered if the other requirements are met.
Minimum sentences. Offences carrying a mandatory minimum jail term are excluded. Examples include a second or later impaired driving, over 80 or refusal conviction (30 days, then 120 days: s. 320.19(1)) and sexual interference (s. 151). Bill C-16 (S.C. 2026, c. 19), in force July 18, 2026, restored mandatory minimum penalties that courts had struck down. It also added a safety valve in s. 718.4: a judge must impose a shorter jail term where the minimum would be cruel and unusual for that offender. That shorter term is still jail. The Code treats it as a minimum term (s. 718.4(5)), so it does not open the door to house arrest.
Drug offences, weapons offences, fraud over $5,000, theft over $5,000, criminal harassment and break and enter are no longer excluded by name. Whether house arrest is realistic depends on the facts, the offender and the minimum penalty, if any. For drug charges, see drug trafficking.
What are the rules of house arrest in Ontario?
Every conditional sentence order has the same five compulsory conditions. The judge then adds conditions to fit the case, and house arrest is usually one of them. The judge must give you a copy of the order and explain it (s. 742.3(3)). What you may do each day depends on the exact wording of your order, so read it closely and ask your supervisor or lawyer before doing anything it does not clearly allow.
Five conditions in every order
Keep the peace and be of good behaviour; come to court when required; report to a supervisor within two working days and then as directed; stay within the court’s jurisdiction unless the court or supervisor gives written permission; and give notice of any change of name, address or job (Criminal Code s. 742.3(1)).
House arrest and its exceptions
House arrest confines you to your home except when working, attending school, doing community service, meeting your supervisor or attending treatment, with exceptions for medical emergencies, religious observance and the like (Proulx, para. 103). Some orders later step down to a curfew.
Conditions the judge may add
No alcohol or drugs, with testing; no contact with named people or places; no weapons; supporting dependants; up to 240 hours of community service over no more than 18 months; a treatment program; and other reasonable conditions (s. 742.3(2)).
Changing the conditions
The supervisor, the Crown or you can ask the court to change the optional conditions. A change you or the Crown propose needs a hearing, held within 30 days (s. 742.4). Until then, the order stands as written.
How long does house arrest last, and does it count as time served?
Length. A conditional sentence replaces a jail term of less than two years, so it can last up to two years less a day. It does not have to match the jail term it replaces; it is often longer, because serving at home is less severe (Proulx). A judge can add probation after it, as with any jail term under two years (s. 731(1)(b)).
Time served. A conditional sentence is a jail sentence. Each day you serve under the order counts toward it. The clock stops if you are accused of a breach, from the warrant or arrest until the allegation is decided (s. 742.6(10)), and while you are in jail for another offence (s. 742.7(1)). If the breach allegation is withdrawn or dismissed, that time is counted back (s. 742.6(15)).
House arrest on bail is different. Time spent on bail, even under house arrest, does not count as part of a jail term (s. 719(2)). But in R v Downes, 2006 CanLII 3957, the Court of Appeal for Ontario held that time on stringent bail conditions, especially house arrest, must be considered as a mitigating factor. There is no formula; the judge decides how much it is worth, and you need to show how the conditions affected your life. See our bail hearings page.
A conviction still follows. A conditional sentence is imposed after a finding of guilt and a conviction. Criminal record: Permanent.
What happens if you break house arrest?
An alleged breach of a conditional sentence order is dealt with under section 742.6. It goes back before a judge, and what is at stake is the jail term you have not yet served.
-
Arrest, warrant or summons
An alleged breach starts with a warrant, an arrest without a warrant, or an order to appear. Whether you are released while it is decided is governed by s. 515(6) (Criminal Code s. 742.6(1)–(2)).
-
The sentence stops running
From the warrant or arrest until the court decides, the conditional sentence is suspended, though its conditions still apply if you are not in custody (s. 742.6(10)–(11)).
-
A hearing within about 30 days
The allegation must be supported by the supervisor’s written report, and you may ask for leave to cross-examine the supervisor or witnesses (s. 742.6(3), (4), (8)).
-
The judge decides
If the breach is proven on a balance of probabilities and you cannot prove a reasonable excuse, the judge may take no action, change the optional conditions, send you to jail for part of the time left and then resume the order, or end the order and send you to jail for the rest of the sentence (s. 742.6(9)). In Proulx, the Supreme Court said an unexcused breach should carry a presumption that the rest of the sentence is served in jail.
How the law on house arrest has changed since 2012
Parliament has widened and narrowed conditional sentences several times. The dates matter, because the version that applies can depend on when the offence was committed.
-
1996: conditional sentences begin
Bill C-41 came into force on September 3, 1996 and created the conditional sentence (Proulx).
-
2007: first exclusions
Serious personal injury offences, terrorism offences, criminal organization offences prosecuted by indictment with a maximum of 10 years or more, and offences with a minimum jail term were excluded (S.C. 2007, c. 12).
-
2012: the Safe Streets and Communities Act
A long list of offences was excluded from November 20, 2012 (S.C. 2012, c. 1, s. 34).
-
2022: Bill C-5
Most of the 2012 exclusions were repealed from November 17, 2022 (S.C. 2022, c. 15, s. 14).
-
2026: sexual offences excluded
Sexual assault prosecuted by indictment, the more serious sexual assaults, and sexual offences against victims under 18 were added from July 15, 2026 (S.C. 2026, c. 11, s. 43).
The 2012 restrictions, as we reported them
When this article was first published in 2012, these sections set out five criteria that must be met before a conditional sentence can be considered by the sentencing judge (the version in force from December 1, 2007 to November 19, 2012):
- The offence for which the person has been convicted must not be a serious personal injury offence (as defined in section 752 of the Criminal Code); a terrorism offence; or a criminal organization offence.
- The offence for which the person has been convicted must not be punishable by a minimum term of imprisonment;
- The sentencing judge must have determined that the offence should be subject to a term of imprisonment of less than two years;
- The sentencing judge must be satisfied that serving the sentence in the community would not endanger the safety of the community;
- The sentencing judge must be satisfied that the conditional sentence would be consistent with the fundamental purpose and principles of sentencing as set out in sections 718 to 718.2 of the Criminal Code.
On November 20, 2012, additional portions of the Safe Streets and Communities Act came into force aimed at restricting the use of conditional sentences for specific types of criminal offences. From that date until November 16, 2022, conditional sentences were no longer available for the following offences:
Offences prosecuted by indictment for which the law prescribes a maximum sentence of 14 years or life imprisonment, including: manslaughter, aggravated assault, arson and fraud over $5,000.
Offences prosecuted by indictment and for which the law prescribes a maximum sentence of imprisonment of 10 years that:
- result in bodily harm;
- involve the import/export, trafficking and production of drugs; or
- involve the use of weapons; and,
The following offences when prosecuted by indictment:
- prison breach
- criminal harassment
- sexual assault
- kidnapping
- receiving a material benefit from trafficking in persons
- abduction of a person under 14 by someone who is not a parent, guardian or person with lawful care
- theft over $5,000
- motor vehicle theft
- breaking and entering a place other than a dwelling-house
- being unlawfully in a dwelling-house
- arson for fraudulent purpose.
One concern held by those within the justice system is that the elimination of conditional sentences will lead to an increase in plea bargaining, as those charged with crimes attempt to circumvent a finding of guilt for offences where a conditional sentence is unavailable.
Other concerns include increased racial disparities in inmate populations, an increase in costs to the justice system as a whole as incentives to plead guilty are removed and an increased number of charges going to trial which may cause serious matters to be dismissed due to delay. Moreover, the changes simply transfer discretion from the judiciary to the police and/or Crown attorneys.
Conditional sentences were originally enacted both to reduce reliance on incarceration as a sanction and to increase the principles of restorative justice in sentencing. They were also premised on the notion that most rehabilitation programs can be more effectively implemented when the offender is in the community rather than in custody and that prison is no more effective a deterrent than more severe intermediate punishments, such as enhanced probation or home confinement.
What we wrote in 2012:
The recent amendments to the Criminal Code make it clear that our insatiable appetite to be seen as being “tough” on crime outweighs these laudable ideals. Perhaps the day will come when being smart instead of tough on crime will be the driving force behind our criminal justice policy.
Ten years later, Parliament repealed most of those restrictions (S.C. 2022, c. 15). In 2026 it excluded a narrower group of sexual offences instead.
Why Choose Daniel Brown Law?
Daniel Brown Law is a leading Canadian criminal defence firm. When a case ends in sentencing, our lawyers work to keep clients out of jail wherever the law allows it.
A nationally recognized defence firm
An award-winning reputation in criminal defence and appellate advocacy: 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.
A sentencing plan the judge can trust
A conditional sentence depends on showing the court it is safe and fits the case. We gather what the judge needs: where you will live, work or school, treatment and support, and conditions that can realistically be kept.
Appeals when the sentence is wrong
If a judge refused house arrest in error, or imposed an unfit sentence, our appeal lawyers can take it to a higher court. See our criminal appeals page.
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)
House Arrest in Ontario — Frequently Asked Questions
Short answers to the questions people ask most about house arrest and conditional sentences.
House arrest basics
What is house arrest in Ontario?
After a conviction, house arrest is usually a condition of a conditional sentence: a jail sentence of less than two years that the judge allows you to serve in the community under Criminal Code s. 742.1. You live at home, report to a supervisor and follow the conditions in the order. Conditional sentences normally include a period of house arrest, sometimes followed by a curfew.
Is house arrest considered jail time?
Yes. A conditional sentence is a sentence of imprisonment that is served in the community. The Supreme Court of Canada has held that it is a punishment, not a form of probation (R v Proulx, 2000 SCC 5).
Is house arrest on bail the same thing?
No. House arrest on bail is a release condition while a charge is outstanding, before any finding of guilt. It is not a sentence. See our bail hearings page and our page on failing to comply with bail.
Does house arrest count as time served?
Every day served under a conditional sentence counts toward that sentence. House arrest on bail before sentencing does not count as part of a jail term (s. 719(2)), but the judge must consider it as a mitigating factor (R v Downes, 2006 CanLII 3957 (ONCA)). There is no fixed rate of credit.
How long can house arrest last?
A conditional sentence replaces jail of less than two years, so it can last up to two years less a day. It is often longer than the jail term it replaces, and probation can follow it.
Who qualifies
What crimes get house arrest?
There is no list of qualifying crimes. Any offence can be served as a conditional sentence unless section 742.1 excludes it, and there is no presumption for or against house arrest for a particular offence (Proulx). The judge must also find that jail of less than two years is the fit sentence, that serving it at home is safe, and that it fits the principles of sentencing.
What crimes cannot get house arrest?
Offences with a minimum jail term; attempted murder; torture; advocating genocide; terrorism and criminal organization offences prosecuted by indictment with a maximum of 10 years or more. For offences committed on or after July 15, 2026, also sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, and, when prosecuted by indictment, sexual assault, sexual exploitation of a person with a disability and sexual offences against a victim under 18.
Can I ask for house arrest instead of jail?
Yes. Your lawyer can ask the judge for a conditional sentence wherever the law allows one. Neither side has to prove it is or is not appropriate; the judge decides on everything before the court (Proulx). A realistic plan for where you will live and how you will be supervised helps.
Can you get house arrest for impaired driving?
For a first offence the minimum penalty is a fine, so a conditional sentence is not ruled out if jail is otherwise warranted. A second or later offence can carry a minimum jail term (30 days, then 120 days: s. 320.19(1)), and a conditional sentence is not available where a minimum jail term applies. See our impaired driving page.
Living with the order
Can you have visitors on house arrest in Ontario?
The Criminal Code does not ban visitors. Whether you may have them depends on your order: it may forbid contact with named people or require you to stay away from certain places (s. 742.3(2)). If your order is silent, ask your supervisor or lawyer before assuming it is allowed.
Can you work while on house arrest?
Usually, yes, if the order allows it. The Supreme Court described house arrest as confinement to the home except when working, attending school or fulfilling other conditions, with exceptions for medical emergencies and religious observance (Proulx, para. 103).
Can you leave Ontario on a conditional sentence?
Only with written permission from the court or your supervisor. Every order requires you to stay within the court’s jurisdiction (s. 742.3(1)(d)).
Can you get off house arrest early?
The length of the sentence is fixed when it is imposed. The house arrest condition is an optional condition, and you or the Crown can ask the court to change it; a hearing must then be held within 30 days (s. 742.4). Many orders already step down from house arrest to a curfew partway through.
What happens if you break house arrest?
You can be arrested and brought back before a judge. If the breach is proven on a balance of probabilities and you cannot show a reasonable excuse, the judge can take no action, change the conditions, send you to jail for part of the time left, or end the order and send you to jail for the rest (s. 742.6(9)).
Will I have a criminal record?
Yes. A conditional sentence follows a conviction. Criminal record: Permanent.
Charges we defend
Learn more about some of the charges we defend. We also defend charges not listed here.
- 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
Facing sentencing? Talk to Daniel Brown Law
Whether house arrest is possible depends on the offence, its date and the plan put before the judge. 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