A surety is a person who agrees to supervise someone released on bail and who is financially accountable if that person fails to follow their conditions. Sureties are one of the more demanding parts of the Ontario bail system, both for the person offering to act as a surety and for the accused person who depends on them for release. This page explains, in general terms, what a surety does, who is usually considered suitable, how the financial side of being a surety works, and what happens if the accused breaches a condition while under a surety's supervision.
The rules around the financial component of being a surety in Ontario changed in 2026, and are currently the subject of an active legal challenge. This page describes both the traditional approach and the more recent change, and flags clearly where the law is unsettled. Anyone considering acting as a surety should confirm the current requirements with a lawyer or duty counsel, since this is an area where the rules may continue to shift.
What Is a Surety?
In an Ontario bail order, a surety is a person, often a family member, close friend, or employer, who signs a recognizance promising to pay a specified amount of money to the court if the accused person fails to comply with their release conditions or fails to attend court. In exchange, the surety takes on a supervisory role, generally being aware of the accused person's whereabouts, helping them follow their conditions, and being prepared to contact police if they become aware of a serious breach. A justice of the peace or judge decides whether a proposed surety is suitable and whether the amount proposed is appropriate for the case.
Not every release requires a surety. Many people are released on their own recognizance, without a surety, particularly for less serious charges or where a person has strong ties to the community. A surety becomes more important in cases where the court has more significant concerns about flight risk or public safety that a financially and personally invested supervisor can help address.
What a Surety Is Expected to Do
A surety is not expected to physically restrain the accused person or follow them everywhere they go. The role is generally understood as a supervisory and monitoring one, which can include:
- Being generally aware of where the accused person is and what they are doing.
- Helping to verify that a residence condition or curfew is being followed.
- Being available to answer questions from police or the court about the accused person's compliance.
- Contacting police if the surety becomes aware of a serious breach of conditions.
- Understanding the specific conditions well enough to recognize when they are not being followed.
Because of this, a justice will typically ask a proposed surety questions before approving them, including whether the surety has read and understood the proposed conditions, whether they are aware of the allegations, and how they plan to supervise the accused person in practice.
Who Can Act as a Surety
There is no single fixed legal checklist for who can be a surety, but courts generally look for certain qualities when assessing suitability:
- Sobriety and stability. A surety is generally expected to be free of substance-abuse issues that would interfere with their ability to supervise effectively.
- No relevant criminal record, ideally. A surety with a significant or related criminal record can face more scrutiny, though this is not always an automatic disqualification and depends on the circumstances.
- Ability to supervise. This includes practical factors such as living with, or near, the accused person, having a stable residence, and having enough contact with the accused person in daily life to realistically monitor compliance.
- Understanding of the responsibilities. A surety needs to genuinely understand the conditions and the seriousness of the financial and supervisory commitment, not simply agree in a general sense to "help out."
- Financial means connected to the pledged amount. A surety is generally expected to have some real connection to the amount pledged, so that the pledge functions as a genuine incentive rather than an empty promise.
A relationship of trust with the accused person is important, but courts are also alert to situations where a proposed surety may be too closely aligned with the accused person to realistically report a breach, such as a co-accused or someone otherwise involved in the same alleged conduct.
Pledged Amounts, Cash Deposits, and the 2026 Changes
For decades, the standard practice in Ontario was a "pledge" model: a surety would sign a recognizance promising to pay a specified amount, such as several thousand dollars, if the accused breached conditions or failed to attend court, without having to hand over any money up front. Under the Criminal Code, a cash deposit at the time of release was traditionally reserved for narrower situations, such as an accused person who does not ordinarily reside in the province or lives a significant distance from where they are in custody.
This area changed in 2026 and is currently being challenged in court. New Ontario measures that took effect on August 17, 2026 introduced a requirement that where a release order records a surety's promise to pay a specified amount, that full amount generally must be deposited in cash, or by money order or bank draft, within two business days of the accused's release. Enforcement tools such as wage garnishment, bank account garnishment, and property liens were also strengthened to collect unpaid amounts. Shortly after, in late August 2026, civil liberties and criminal defence organizations obtained an injunction challenging aspects of these changes. Because of this, the practical requirements for sureties may vary and continue to change. Anyone acting as a surety should ask their lawyer or the court directly what currently applies to their specific case.
Regardless of whether an amount must be deposited up front or only pledged, the amount itself is meant to be set at a level that is meaningful to that specific surety, so that the possibility of losing it provides a real incentive to supervise carefully. A court will generally ask about a proposed surety's income, assets, and other financial obligations before approving a proposed amount.
If the Accused Breaches a Condition
If the accused person breaches a condition while under a surety's supervision, several things can happen. Police may arrest the accused person and lay a new charge, addressed further in our page on alleged breaches of release conditions, and the Crown may seek to have the accused detained going forward rather than released again. Separately, the Crown can start a process to have the surety pay some or all of the amount they promised, discussed below.
A surety who becomes aware that the accused person is not complying with conditions, or who no longer feels able to supervise them safely and effectively, generally has the option of contacting police and applying to be formally relieved of their obligations. This is a serious step, since it can result in the accused person being taken back into custody, but it is available precisely because the system depends on sureties being honest about whether they can still fulfill the role.
Forfeiture and Estreatment
If a surety's pledged or deposited amount is at risk because the accused breached conditions or failed to appear, the Crown can apply to have that amount forfeited, a process sometimes called estreatment. Forfeiture is not automatic the moment a breach occurs. Under the Criminal Code, the court must set a date for a forfeiture hearing, and the surety must be given formal notice, with at least ten days' notice generally required, giving the surety an opportunity to explain the circumstances before any amount is ordered paid. A surety who made reasonable efforts to supervise the accused person, and who reported problems promptly, is generally in a stronger position at such a hearing than one who took no active role at all.
Stepping Down as a Surety
A surety who wants to step down from the role cannot simply walk away informally, since the accused person's release depends on the surety remaining in place. Instead, a surety generally needs to notify police or the court so that the accused person's custody status can be revisited, potentially leading to a new bail hearing to arrange a different surety or another form of release. This is a significant step for everyone involved, and a surety considering it should speak with a lawyer or contact the court promptly, rather than delaying, if they are seriously concerned about their ability to continue supervising the accused person.
Frequently Asked Questions
Do I need to give money to the court just to become a surety?
This depends on the current rules and the specifics of the case. Traditionally, a surety only had to pledge an amount without paying anything up front, but recent Ontario changes introduced a deposit requirement in many cases, and this area is currently subject to a legal challenge. Confirm the current requirement with a lawyer or the court before agreeing to act as a surety.
Can more than one person act as a surety?
Yes, in some cases a release plan includes more than one surety, particularly where a single proposed surety cannot fully address the court's concerns on their own.
What happens to my money if the accused person is found not guilty?
If the accused person complies with all conditions throughout the case, a surety's pledged or deposited amount is generally not forfeited, regardless of the outcome of the underlying charge, since the surety's obligation relates to compliance with conditions, not to guilt or innocence.
Can I be a surety for a family member if I have a criminal record?
It is possible, but it can make the court more cautious, depending on the nature and recency of the record. A lawyer can help assess whether a particular proposed surety is likely to be considered suitable.
What if I no longer want to be responsible for someone I agreed to supervise?
Speak with a lawyer or contact the court. A surety generally needs to formally apply to be relieved of the role rather than simply stopping supervision, since doing so affects the accused person's custody status.
Is being a surety the same as posting bail in other countries?
Not exactly. The Ontario system has traditionally relied more on pledged amounts and personal supervision than on a commercial bail-bond industry, though recent reforms have moved the system closer to requiring money up front in some cases.