Under Ontario's Keeping Criminals Behind Bars Act, 2026, new rules took effect on August 17, 2026 requiring the accused or their surety to deposit the full amount pledged in cash within two business days of release. Previously, a "promise to pay" meant money only changed hands if a condition was breached and a court ordered forfeiture.

The legal challenge

The Canadian Civil Liberties Association and the Criminal Lawyers' Association challenged the rule, arguing it intrudes on federal criminal law power and conflicts with the Criminal Code's preference for a promise to pay over cash. On August 31, 2026, Ontario Superior Court Justice William Chalmers granted an injunction, putting the deposit requirement on hold while the constitutional challenge is decided.

The court found that the rule could cause irreparable harm by delaying or preventing release for people who cannot find a surety with the cash on hand.

What families should know now

Until the court issues its final decision, the cash deposit rules are not in effect and the previous approach continues. As of late October 2026 we are not aware of a final ruling. That could change at any time, so if you are being asked to act as a surety, speak to a lawyer about the current status and what you may be responsible for.