Bail Sureties in Ontario: Does the Accused Have to Live With the Surety?

The short answer

A surety is someone who promises the court that they will supervise a person on bail. They also pledge an amount of money, which is not paid up front and is only at risk if the person breaks their release terms and a court later orders the surety to pay some or all of it.

Sureties are used often in Ontario, and they are a major reason many people are released from custody. However, being a surety is a serious legal responsibility, and it should never be taken on lightly. See our bail hearings page for an overview.

What a surety does

A surety agrees to:

• Make sure the accused attends every court date.
• Supervise the accused and watch for any breach of the conditions.
• Contact police promptly if the accused breaks any condition of the release order.
• Tell the court if they can no longer supervise the accused.

This is a real legal duty rather than a personal favour, and a surety who ignores a breach puts their pledge at risk.

Does the accused have to live with the surety?

No law says the accused must always live with the surety, but many release orders include that term, and the court decides based on the facts of each case. Common residence terms include living with the surety, living at an address the surety approves, or house arrest at the surety's home.

If the accused needs to live somewhere else, that should be part of the plan from the start, because changing it later requires a variation. See bail reviews and changing conditions.

Who can be a surety

The court looks for an adult who:

• Knows the accused well.
• Can supervise them in real life, which means being present and aware of their routine.
• Has a stable home and a predictable daily schedule that allows for supervision.
• Has some money or assets that the pledge can be measured against.
• Understands the nature of the charge and the release terms the accused must follow.

A spouse or parent can often act as a surety. However, a person who is a witness or the complainant in the case usually cannot.

The 2026 surety limit

Since July 15, 2026, a person convicted of an indictable offence in the last 10 years generally cannot act as a surety (s. 515(2.11)). There is an exception where no other suitable surety is available and it is in the interests of justice. If you are thinking of offering to be a surety and you have a past conviction, tell the lawyer before the hearing so the issue can be addressed properly.

What happens when a surety testifies

1. Background questions: The lawyer asks about the surety's relationship with the accused, their home, work and finances.
2. The plan: The surety explains where the accused will live and how they will supervise.
3. Cross-examination: The Crown may ask about the surety's schedule, their ability to supervise and what they would do if a condition were broken.
4. The decision: The justice decides whether the surety is suitable and how much should be pledged.

Honest, direct answers are more convincing than promises that nothing will go wrong.

Does a surety have to pay money up front?

Usually a surety does not have to pay anything up front. In most cases, the surety signs a document promising an amount. If the accused breaks the terms and the court orders it, the surety may have to pay some or all of that amount. This is not automatic, because the surety gets a chance to explain what happened. Canada does not have bail bond companies, so a surety acts out of trust rather than for payment.

The risks for a surety

Before you agree to be a surety, think about these risks honestly:

• You may be called to testify and be questioned by the Crown.
• If the accused breaks a condition and you do not report it, you can lose some or all of your pledge.
• You cannot fully control another adult, so if you cannot supervise them, you should say so.
• You may be asked to explain a breach to the court.

For example, a surety who works nights and cannot be home during a curfew should say so at the start. A plan the surety cannot keep is a risk for both people. The law also limits when a surety is required, because the court can require one only if no less restrictive form of release would work.

What if a surety wants to withdraw?

A surety who can no longer supervise can ask the court to be relieved of the obligation. Usually a new surety is needed, or the accused may be brought back before the court. Do not simply stop supervising, because you remain responsible until the court relieves you, so tell the court and the lawyer right away.

What a proposed surety should do now

• Gather government photo ID, proof of address and proof of income.
• Think honestly about your schedule and whether you can supervise.
• Do not discuss the facts of the case with the accused on recorded calls.
• Tell the lawyer about any criminal record you have.

How the pledge amount is decided

The justice sets the amount of the pledge by considering the surety's financial situation and the seriousness of the risks in the case. The amount should be meaningful to the surety, so that it encourages careful supervision, but it should not be so high that no reasonable person could agree to it. The justice may also ask whether the surety will deposit money, although in Ontario a deposit is not usually required.

Duties after release

A surety's responsibilities continue for as long as the release order is in force, which can be many months or even longer than a year. During that time, the surety should know the accused's schedule, check that conditions such as curfews and no-contact terms are being followed, and keep in touch with the defence lawyer about upcoming court dates. If the surety's own circumstances change, for example because of a move or a new job, they should tell the lawyer promptly.

How we can help

We meet with proposed sureties before the hearing, explain the duties in plain words and prepare them for the Crown's questions. Call (647) 223-1980 for a free consultation.

Frequently asked questions