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Being a Surety in Ontario in 2026: New Duties and Collection Powers

September 15, 2026 · Steven D. Norton

Note: the separate cash deposit rule is currently on hold by court order (see our article on Ontario's cash bail deposit). It is not yet clear how the injunction affects the other measures below, so confirm the current position with a lawyer.

A surety is the person who promises the court they will supervise the accused and make sure bail conditions are followed. It is a serious role, and Ontario's 2026 changes have raised the stakes.

New requirements

  • Sureties must provide current contact and identification information and keep it up to date. Failing to do so can lead to a provincial offence charge.
  • The province is building a surety database to support surety checks.
  • If bail money is forfeited, Ontario can now use wage and bank garnishment, liens on property, and seizure and sale of property to collect.

Before you agree to be a surety

Make sure you understand the amount you are pledging, the conditions you are supervising, and that you must call police if the accused breaks a condition. A lawyer can explain your role, help prepare you to testify, and tell you how to remove yourself as surety later if you need to.

Sources

Last reviewed against official sources: October 26, 2026. This article is general information, not legal advice. The law may have changed since it was reviewed. Contact a lawyer about your specific situation.

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