Ontario Regulation 278/26, Security Deposits and Information from Sureties, establishes detailed administrative requirements for security deposits and information that must be provided by sureties under the Bail Act. The regulation is intended to implement provisions introduced through the Keeping Criminals Behind Bars Act, 2026, particularly new requirements relating to bail security and surety accountability.

The regulation defines a “business day” as Monday through Friday, excluding holidays, and establishes how prescribed forms under Ontario Regulation 812/21 are to be referenced. Its central provisions address the payment, administration and refund of security deposits required as part of an accused person’s release from custody.

Under the new rules, a required security deposit must be paid within two business days after the accused is released pursuant to a release order. Payment must be made in cash, by money order or by bank draft payable to the Minister of Finance. Normally, the payment is made to the clerk of the Ontario Court of Justice at the court location identified in the release order. Alternative court locations may be used where the accused or surety cannot attend the specified location, or where the release order was made by a judge of the Superior Court of Justice or the Court of Appeal for Ontario.

Documentation is also prescribed. Where payment is made at the court location specified in the release order, the payer must provide a completed security deposit Form 3. Where an alternative court location is used, the payer must provide both a copy of the release order and the completed Form 3. Security deposits are to be placed in a non-interest-bearing account at a financial institution.

The regulation also establishes how deposits are refunded. An accused or surety may receive the full amount when the release order is no longer in effect and no certificate of default has been endorsed under the Criminal Code. Where forfeiture proceedings have occurred, the person is entitled to the portion of the deposit that a judge has not ordered forfeited. If no amount is forfeited, the entire deposit must be refunded. Refunds are made without interest and require the security deposit form and its receipt to be provided to the appropriate court clerk.

A second major component concerns information from sureties. Individuals required to provide information under the Bail Act must complete a surety reporting form, Form 4, and submit it within two business days of the accused’s release. The form must be filed with the appropriate Ontario Court of Justice clerk. Sureties must also report changes to the information previously provided within two business days by submitting an updated Form 4.

Ontario (278/2026) August 26, 2026
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.