Bail Conditions in Ontario

Types of Release Orders

• Undertaking (Form 10) — Released on your own promise with conditions but no money deposit.
• Recognizance without surety — You promise to pay a sum if you breach, but no one deposits money upfront.
• Recognizance with surety — A surety (usually a family member or friend) promises to supervise you and pay if you breach.
• Cash bail — Rarely used; money is deposited with the court.

Common Bail Conditions

• Report to a bail supervisor or police regularly.
• Remain in Ontario (or Canada).
• No contact or communication with named persons (e.g., complainants, co-accused).
• No-go zones (stay away from specific addresses).
• Curfew — be at a specific address between certain hours.
• Abstain from alcohol or drugs.
• Surrender passport.
• Not possess weapons.

Varying Bail Conditions

If your conditions are too restrictive or circumstances have changed, you can apply to have them varied (changed). You must:

1. File a Form 10 (Variation of Conditions) at the court.
2. Obtain the consent of the Crown, or set the matter before a judge.
3. Show that a variation is in the interests of justice (e.g., you need to travel for work, or the no-contact order needs to be modified to allow child access).

What Happens If You Breach Bail?

Breaching any bail condition is a criminal offence under s. 145 of the Criminal Code. Consequences include:

• Arrest without warrant.
• New charges added to your file.
• Bail revoked — you are held in custody until trial.
• Surety may be required to pay their pledged amount.

Even a minor or technical breach (e.g., missing a check-in call) can result in arrest. If you believe you may inadvertently breach a condition, apply to vary it immediately.