Summary: As of July 15, 2026, Bill C-14 (the Bail and Sentencing Reform Act) changed who can act as a surety in Canada. A person convicted of an indictable offence within the previous 10 years generally can’t be named as a surety, unless the court is satisfied that no other suitable surety is available and that naming them serves the interests of justice, with reasons recorded. If you’re trying to help a loved one get bail, the person you had in mind may no longer qualify.
What a Surety is, and Why It Can Decide Bail
A surety is a person who agrees to supervise an accused released on bail and to help ensure they follow their conditions and attend court. Usually it’s a parent, spouse, sibling, or close friend. The surety typically pledges an amount of money that can be forfeited if the accused breaches, and takes on real responsibility for supervision in the community.
For many people, the surety is the difference between going home and staying in custody. A court that isn’t prepared to release someone on their own recognizance is often willing to do so under the supervision of a responsible surety with a workable plan. That’s why who you put forward, and whether they still qualify, matters so much, and why it helps to have experienced bail counsel involved early.
What Changed on July 15, 2026
Bill C-14 added a new rule to section 515 of the Criminal Code. A judge, justice, or court now must not name a person as a surety if that person was convicted of an indictable offence within ten years before the day the release order is made. There’s one exception: the court can still name them if it’s satisfied that no other suitable surety is available and that doing so is in the interests of justice, and if it does, it has to put its reasons on the record.
The reform received Royal Assent on June 15, 2026 and came into force on July 15, 2026. This is the law right now across the country, the Criminal Code is federal, so it applies the same way in Ontario as everywhere else in Canada.
“Indictable Offence”, Not Just “Serious Offence”
Here’s a distinction that trips people up. Some early coverage described the new rule as barring anyone convicted of a “serious offence.” The law as written is broader: it keys on an indictable offence.
That matters because of how Canadian charges work. Many everyday offences are “hybrid,” meaning the Crown can choose to proceed either by indictment or by summary conviction. Under the Criminal Code, a hybrid offence is treated as indictable unless the Crown elected to proceed summarily. So a past conviction you might not think of as serious can still fall within the ten-year bar, depending on how it was prosecuted.
The rule turns on a conviction. A charge that was withdrawn, stayed, or ended in an acquittal isn’t a conviction, and a discharge is treated differently again. Whether a particular record disqualifies a proposed surety is exactly the kind of detail worth reviewing with a lawyer before their name goes forward.
Who Can Still Act as Your Surety
Plenty of people still qualify. A surety with no criminal record is unaffected. So is someone whose only conviction is more than ten years old, or whose past charge didn’t lead to a conviction. And even a person caught by the new rule can still be approved under the exception, where no other suitable surety exists and the court finds it’s in the interests of justice.
Beyond the new bar, courts still weigh the qualities they always have: the surety’s relationship to the accused, their ability to actually supervise, their financial means, whether they have any conflict of interest, and whether they understand what they’re taking on. A surety who lives with the accused, knows their routine, and can credibly monitor conditions carries more weight than a distant relative pledging a large sum from another city.
Why Sureties Matter Even More Now
Bill C-14 didn’t just change who can be a surety, it changed the terrain around bail. The Act confirms that the “ladder principle,” which normally requires courts to consider the least restrictive form of release first, doesn’t apply to accused people subject to a reverse onus. And it expanded reverse onus to more situations, including certain domestic assault allegations involving choking or strangulation, violent auto theft, home break-ins, and repeat violent offences.
In a reverse onus, the accused has to show why they should be released, and must clearly demonstrate that their release plan addresses the risks the court is concerned about. A qualified, well-prepared surety is central to that plan. With the ladder principle set aside for a wider group of accused, a strong surety proposal is no longer a nice-to-have, for many people it’s the core of a realistic path to release. It’s also worth understanding the consequences of a criminal record, since a surety’s own record is now squarely in play.
A Strong Defence Starts at the Bail Hearing
The bail hearing is often the most urgent moment in a criminal case, and under the new rules, it’s less forgiving of a thin or last-minute plan. At Karapancev Law, our criminal defence lawyers build bail plans designed to withstand the closer scrutiny courts now apply: identifying a surety who qualifies and will hold up under questioning, preparing them for the hearing, and putting forward conditions that address the court’s concerns directly. If the Crown won’t consent, we’re prepared to argue a contested hearing. You can read more about how a lawyer works a bail hearing before you go in.
If someone you care about has been arrested, don’t wait to act on your right to a lawyer. Contact Karapancev Law for a confidential consultation, and we’ll help you put the strongest possible plan before the court.
