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Cash Bail in Ontario: What a Surety May Owe, and When

20th August 2026BY Nihang Law

Cash Bail in Ontario: What a Surety May Owe, and When

This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions.

Quick Answer

Quick answer

Not every Ontario bail release requires cash. Since August 17, 2026, a cash security deposit is required only where a release order sets out a pledged amount, and in that case the full amount is typically due within two business days of the accused's release, from whoever made the pledge. Whether that person is the accused or a surety depends on what the release order says. If the deposit is paid and the accused follows the conditions, the money is typically returned when the case ends or the surety's obligations are over. If money was pledged but never deposited and a judge later orders it forfeited after a hearing, the amount becomes a debt owed to the Crown, meaning the government acting as a party in legal proceedings, that may be collected through wage and bank-account garnishment, a lien against property, or seizure and sale.

What a Surety Is Being Asked to Do Now

You went to a courthouse to help someone you love. You answered questions under oath, agreed to take responsibility for that person, and signed a document promising a sum of money if they did not follow the terms of their release. A person who takes on that role is called a surety.

For decades in Ontario, that promise sat quietly in the court file. No money moved unless something went wrong. Since August 17, 2026, where a release order sets out a pledged amount, the money is typically due shortly after the person is let out of custody, whether or not anything has gone wrong at all.

That is a change in timing, not in what a surety is responsible for. If you are still working out the responsibilities themselves, our guide to what a surety agrees to covers them. This article covers the money.

2 business daysTo pay a required deposit once the accused is released
10 daysMinimum notice before a forfeiture hearing
6 yearsBefore a registered certificate of lien expires

Start Here: Which Situation Are You In?

There are three different situations that bring people to this page, and each calls for a different next step. You may be deciding whether to become a surety, facing a deposit you cannot fund in time, or dealing with money a court has already ordered forfeited. The sections below follow that order.
You are being asked to act as a surety

Before you agree, determine whether the proposed release order sets a pledged amount. If so, find out where that cash can be obtained within two business days. Our overview of how a bail hearing works explains the process.

A deposit has been ordered and you cannot pay it in time

Read the section on the deposit clock below. Under the Ontario amendments, failing to comply with the payment requirement can itself result in a provincial offence charge, so raise the issue with a lawyer quickly.

The money has already been forfeited and you have been contacted about the debt

Skip ahead to the sections on unpaid deposits and debt collection. At that stage, the matter has stopped being a bail question and become a debt question.

What Changed on August 17, 2026

Before August 17, 2026, money named in an Ontario release order was usually only a promise. It changed hands only if the accused broke a condition and a court later ordered the money forfeited. Now, where a release order sets out a pledged amount, that amount typically must be deposited with the court after release.

In Ontario, a cash security deposit is money actually paid to the court, while a pledge is only a promise to pay a specified amount if the released person breaks a condition. That distinction has always existed in the Criminal Code of Canada. What changed is which one Ontario applies.

The measures came in through two provincial statutes, the Keeping Criminals Behind Bars Act, 2026 and the Protect Ontario Through Safer Streets and Stronger Communities Act, 2025, both amending Ontario's Bail Act. The deposit requirement itself is section 8.0.1 of the Bail Act, and failing to pay is an offence under that section. Sureties are also now required to keep their contact and identification information current.

One point deserves stating plainly, because the headlines have blurred it. This is not a system where everyone pays cash to get out. Release is still decided under the Criminal Code of Canada, and many forms of release carry no financial term at all.

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Pledged Money Before and After August 17, 2026
What changed is the timing of when money moves, not whether release costs money in every case.
When money changes hands
Before Aug 17, 2026
Only after a breach and a forfeiture order.
Since Aug 17, 2026
After release, on the timeline set by regulation.
What the surety signs
Before Aug 17, 2026
A promise to pay.
Since Aug 17, 2026
A promise to pay, plus a deposit obligation.
Applies to
Before Aug 17, 2026
Release orders setting a pledged amount.
Since Aug 17, 2026
Release orders setting a pledged amount.
Unchanged, and deliberately shown that way. The deposit obligation attaches only where a release order sets a pledged amount. It is not a charge for release in every case.
If conditions are kept
Before Aug 17, 2026
Nothing is paid.
Since Aug 17, 2026
The deposit is typically returned.
Source: Bill 75, Keeping Criminals Behind Bars Act, 2026 (Statutes of Ontario 2026, c. 7), Schedule 2, amending the Bail Act, R.S.O. 1990, c. B.1, including new s. 8.0.1 — Legislative Assembly of Ontario, ola.org. The payment deadline is set by regulation, not by the Act.
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The Two-Business-Day Deposit Clock

Where a deposit is required, the province has said the full pledged amount is due within two business days of the accused's release. The obligation follows whoever made the promise. If the release order records the accused's promise to pay, the accused pays; if it records a surety's promise, the surety pays.

Two business days provides little time. A bail hearing on a Friday afternoon can mean the money is due Tuesday. Funds sitting in a locked-in savings product, a registered retirement account, or a joint account with someone who has yet to learn about the charges may not move that quickly.

Answer the funding question before taking the stand, not after. Section 8.0.1 of the Bail Act requires payment at the time and in the manner set out in the regulations, so the two-business-day figure comes from the regulation rather than the statute. That is worth confirming rather than assuming.

What Happens When a Deposit Is Not Paid

Forfeiture is not automatic. Where a condition is broken, a certificate of default is endorsed on the release order under the Criminal Code of Canada. A judge then fixes a hearing date, and each person named in the order must be sent notice at least 10 days beforehand to show cause why the money should not be forfeited.

Forfeiture of bail money is sometimes called estreatment, which means the court ordering that pledged money be paid over. It is a process with a hearing in the middle, not a switch that flips the moment someone is late for court.

At that hearing, the judge has discretion. Under the Criminal Code of Canada, a judge may grant the application, refuse it, or make whatever order about forfeiture the judge considers proper. That discretion is why attending matters: a surety who reported the breach themselves, or who did everything reasonably expected of them, raises circumstances a court may weigh.

If forfeiture is ordered, the person who pledged the money becomes a judgment debtor of the Crown in the amount the judge sets, meaning the government holds a court judgment against them. The order may then be filed with the Superior Court, which can issue a writ of seizure and sale, a court document delivered to the sheriff where the person lives, does business, or owns property.

Two separate things operate on the Ontario side. Under section 1 of Ontario's Bail Act, a Crown Attorney may register a certificate of lien against land when the release order is made, for the amount a surety promised to pay. A lien is a registered claim on title, so it can appear before anything has gone wrong. Under section 2, the Crown may enforce that lien by sale only if the surety fails to pay an amount ordered under section 771.

Section 8 separately allows the Minister of Finance to use collection measures under the Ministry of Revenue Act for a forfeited bail debt that remains unpaid, including garnishment of wages and bank accounts. Garnishment means money redirected before it reaches you. Those measures depend on a memorandum of understanding between ministries, and they apply to an established debt rather than an allegation. If you are facing collection steps, our debt recovery and collection team works in this area.

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From Missed Deposit to Enforcement: the Sequence
Enforcement is a sequence with a hearing in the middle, not an automatic consequence of an alleged breach.
1
A condition is not complied with.
2
A certificate of default is endorsed on the release order (Form 33).
3
The order and certificate go to the clerk of the court.
4
A judge fixes a date for a forfeiture hearing.
5
Each principal and surety is sent notice at least 10 days before the hearing, to show cause why the money should not be forfeited.
6
The judge may grant, refuse or vary forfeiture, at their discretion.
7
If forfeiture is ordered, the amount becomes a judgment debt owed to the Crown.
8
Collection steps may follow.
10 days
Minimum notice before the forfeiture hearing
Steps 5 and 6
The hearing sits in the middle of the sequence
Not automatic
A judge decides whether, and how much, is forfeited
Source: Criminal Code of Canada, ss. 770–771 — Justice Laws website, laws-lois.justice.gc.ca. Act current to 2026-06-17.
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How a Paid Deposit Changes the Collection Picture

Paying a deposit does not put your home at greater risk. If anything, the opposite may be closer to true. Under the Criminal Code of Canada, where a cash deposit has been made, no writ of seizure and sale may be issued against the person who paid it, because the court simply transfers the money it already holds.

This distinction often gets lost in the coverage. The garnishment, lien and seizure machinery is aimed at pledged money that was never deposited, because that is where forfeiture creates a fresh debt the Crown then must collect. Where the money already sits with the court, there is nothing left to pursue.

A certificate of lien may still sit on title, since registration happens at the release-order stage rather than after a default. What paying the deposit removes is the unpaid amount that would let the Crown enforce that lien by sale. As a result, the fear many sureties carry, that handing over cash exposes their house, has the sequence backwards. To understand what collection looks like, our article on wage garnishment rules in Ontario sets out how those limits work.

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Deposit on File Versus No Deposit on File
Paying the deposit is what keeps the enforcement machinery out of the picture, not what invites it in.
What the court holds
Deposit on file
The money itself.
No deposit on file
A promise to pay.
On a forfeiture order
Deposit on file
The deposit is transferred.
No deposit on file
A judgment debt to the Crown arises.
Writ of seizure and sale
Deposit on file
May not be issued for the deposited amount.
No deposit on file
May be issued and delivered to the sheriff.
Wage or bank-account garnishment
Deposit on file
Not engaged for the deposited amount.
No deposit on file
May be pursued once the debt is established.
Certificate of lien on title
Deposit on file
May be registered when the release order is made.
No deposit on file
May be registered when the release order is made.
Registration is tied to the release order, not to a default, so a lien may appear either way. What differs is whether it can be enforced.
Enforcement of that lien by sale
Deposit on file
Not available for the deposited amount.
No deposit on file
May be pursued if an ordered amount goes unpaid.
If conditions are kept
Deposit on file
Typically returned.
No deposit on file
Nothing owed.
The point
The collection machinery attaches to the pledge that was never deposited, not to the deposit that was paid.
Sources: Criminal Code of Canada, s. 771 (3), (3.1) and (4) — Justice Laws website. Bail Act, R.S.O. 1990, c. B.1, ss. 1 and 2, as amended by Bill 75, Schedule 2 — Legislative Assembly of Ontario.
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Getting the Money Back

A deposit is not a fee or a fine. The province has stated that where the deposit is paid and the accused follows the terms of release, the money is typically returned when the case concludes or when the surety's obligations come to an end. It is being held, not spent.

Section 9 of the Bail Act allows regulations governing how deposits are held and when they are refunded, so the detail sits in the regulation. Keep three things: the release order, the payment receipt, and a record of whose money it was. Where funds come from more than one person or pass through a family member's account, those documents typically govern who is entitled to the return.

A surety who has lost confidence in the arrangement is not stuck. The Criminal Code of Canada preserves a surety's right to bring the person back into custody, ending the obligation going forward. Acting before a default occurs is materially different from acting after one.

Common Mistakes Sureties Make

  • Agreeing to a pledged amount without checking where the cash would come from. Money in a locked-in savings product, a registered retirement account, or a joint account may not move within two business days.
  • Assuming a missed condition means the money is gone. Forfeiture typically follows a hearing at which a judge has discretion, and notice must be sent before that hearing takes place.
  • Ignoring the notice of the forfeiture hearing. That hearing is the surety's opportunity to be heard on whether money should be forfeited, and if so, how much.
  • Believing that paying the deposit is what puts a home at risk. Where a deposit has been made, the court already holds the money, and the seizure-and-sale route is not available for that amount.
  • Not keeping the release order, the receipt, and a record of who paid. These documents typically govern who is entitled to the return of the money.
  • Staying on as a surety after losing confidence in the arrangement. There is a route to step back, and taking it before a default is very different from raising it afterwards. If a financial dispute emerges, our civil litigation group can advise.

Where the Law Stands Right Now

As of August 19, 2026, the deposit requirement is in force in Ontario and is being challenged in court. The Criminal Lawyers' Association and the Canadian Civil Liberties Association filed an application in the Ontario Superior Court of Justice on August 17, 2026, requesting an urgent injunction to pause the rules.

The province describes the changes as making bail conditions consequential and improving recovery of forfeited bail money, and the Attorney General has framed them as closing gaps in the bail system.

The challengers argue that criminal procedure is a federal responsibility the province cannot rewrite, that the regime infringes the Charter right not to be denied reasonable bail without just cause, and that it creates one system for people with money and another for people without. No hearing date had been set at filing, and the court's decision remains uncertain. Until a court decides otherwise, the rules apply.

Questions Ontario Sureties Are Asking

Do I have to pay cash to be a surety in Ontario now?

Not in every case. Since August 17, 2026, a cash security deposit is required in Ontario only where the release order sets out a pledged amount. Many forms of release carry no financial term, and a judge or justice of the peace still sets the conditions under the Criminal Code of Canada.

How long do I have to pay a bail deposit in Ontario?

The province has said the full pledged amount is due within two business days of the accused's release from custody. That deadline comes from the regulation accompanying the legislation rather than the statute itself, so confirm the current requirement with the court or a lawyer.

What happens if I can't pay the deposit in time?

The accused may remain in custody until the payment issue is resolved, and under the Ontario amendments failing to comply may itself result in a provincial offence charge. If the amount is beyond your reach, raise it promptly rather than letting the deadline pass.

Can they put a lien on my house if I'm a surety?

Possibly, and earlier than many people expect. Under section 1 of Ontario's Bail Act, a Crown Attorney may register a certificate of lien against land when a release order is made, for the amount a surety promised to pay. Selling the property to satisfy that lien typically requires a forfeiture order first.

Can my wages be garnished over forfeited bail money?

Garnishment may be available to the province where money has been ordered forfeited and remains unpaid. It is not automatic on an alleged breach, and Ontario law limits how much of a person's wages can be taken. Our article on wage garnishment rules in Ontario explains those limits.

How do I get my bail deposit back in Ontario?

Where the deposit was paid and the accused followed the terms of release, the province has said the money is typically returned when the case concludes or the surety's obligations end. Keep the release order, the payment receipt, and a record of whose money was used.

Does the new cash bail rule apply to every criminal charge in Ontario?

No. The deposit obligation attaches only where a release order sets out a pledged amount. It is not a general requirement to pay for release, and it does not change the test a court applies in deciding whether someone should be released, which remains federal law under the Criminal Code of Canada.

Is Ontario's cash bail law being challenged in court?

Yes. The Criminal Lawyers' Association and the Canadian Civil Liberties Association filed a constitutional challenge in the Ontario Superior Court of Justice on August 17, 2026, arguing the province stepped into federal jurisdiction and infringed the Charter right to reasonable bail. No hearing date had been set at filing.

Talking to a Lawyer Before You Sign

Agreeing to act as a surety is now a financial decision as much as a personal one, and the most useful time to get advice is before you sign rather than after a deadline has passed. Qasim Ali, Principal Lawyer at Nihang Law, and the firm’s civil litigation team advise Ontario clients on forfeited bail debts, garnishment, and claims registered against property.

Questions about what you may owe as a surety?

Nihang Law acts for individuals and small businesses across Toronto, Scarborough, and the wider GTA on debt enforcement, garnishment, and claims registered against property.

Contact Nihang Law
This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions.
Qasim Ali — Principal Lawyer at Nihang Law Professional Corporation

About the author

Qasim Ali

Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario

Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.

Nihang Law is particularly recognized for its depth in immigration and real estate law — a combination that serves newcomers and growing families navigating both legal systems simultaneously.

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