Bail and Sentencing Reform Act (S.C. 2026, c. 11)
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Assented to 2026-06-15
Bail and Sentencing Reform Act
S.C. 2026, c. 11
Assented to 2026-06-15
An Act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act (bail and sentencing)
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Criminal Code, the Youth Criminal Justice Act and the National Defence Act (bail and sentencing)”.
SUMMARY
This enactment amends the Criminal Code to, among other things,
(a) provide direction to peace officers, justices and judges when they apply the principle of restraint;
(a.1) provide that a person must not be named as surety if the person was convicted of an indictable offence within ten years prior to a release order, except in certain circumstances;
(b) require a justice, before making a release order or a detention order in respect of an accused, to consider whether the accused is charged with an offence in the commission of which random and unprovoked violence was used or attempted;
(c) require a justice to impose a condition prohibiting the possession of a firearm or other weapon, and to consider imposing other conditions, when making a release order in respect of an accused charged with the offence of extortion or any offence involving a criminal organization;
(d) require a justice to consider imposing certain conditions when making a release order in respect of an accused charged with an offence of motor vehicle theft or with the offence of breaking and entering a dwelling-house;
(e) create a reverse onus provision for any accused charged with the offence of motor vehicle theft involving violence, motor vehicle theft for a criminal organization, extortion involving violence, breaking and entering a dwelling-house, certain offences related to trafficking in persons or human smuggling, certain offences in the commission of which violence was allegedly used and that would constitute the accused's third or subsequent such indictable offence or certain offences in which an accused is alleged to have choked, suffocated or strangled a complainant;
(f) expand the reverse onus provision to any person charged with a serious offence involving violence and the use of a weapon who has been previously convicted, within 10 years, of a serious offence involving violence and the use of a weapon;
(g) add the number or gravity of any outstanding charges against an accused as circumstances that a justice is to consider in assessing whether the detention of the accused is necessary to maintain confidence in the administration of justice;
(h) expand the circumstances in which the release documents that an accused is subject to may be cancelled, provide for circumstances in which they can be cancelled and allow for the review, by the court of appeal, of decisions to cancel such documents;
(i) create a reverse onus provision for any person who has been found guilty of certain offences if the prosecutor applies to vacate that person’s interim release order;
(j) create new aggravating factors to address repeat violent offending, offences against first responders, retail theft and theft, mischief to property offences and assaults against public transit employees;
(k) add new consecutive sentence provisions for repeat violent offences, motor vehicle theft offences and breaking and entering offences, and extortion and arson offences;
(l) require courts to give primary consideration to denunciation and deterrence of repeat motor vehicle theft offences, repeat breaking and entering offences and organized crime offences;
(m) restrict the possibility of imposing conditional sentence orders for sexual assault, and offences of a sexual nature or committed for a sexual purpose that involves a victim under 18 years of age;
(n) restore the availability of driving prohibitions for the offences of manslaughter and criminal negligence causing bodily harm or death; and
(o) improve the administration of justice as it relates to sentencing by increasing the penalty for contempt, enhancing the fine enforcement regime and expanding the availability of remote appearances in the mental disorder regime.
It also amends the Department of Justice Act to provide that the Minister must prepare an annual report on the state of judicial interim release in Canada.
It also amends the Youth Criminal Justice Act to, among other things,
(a) clarify the definition of “violent offence” to mean, among other things, an offence in the commission of which a young person causes bodily harm or involving the use or trafficking of a firearm;
(b) provide that the time a young person is unlawfully at large does not count towards time served for a youth custody and supervision order;
(c) enable police officers to publish identifying information about a young person in urgent situations where there is an imminent danger to public safety;
(d) clarify the process for the detention and release of young persons who are remanded for an alleged breach of a condition of their youth custody sentence while awaiting a review by the youth justice court;
(e) set out a period of access for records of extrajudicial measures, other than extrajudicial sanctions, and clarify the rules for records of investigations kept by police that did not result in a charge or extrajudicial measures; and
(f) make several technical sentencing amendments.
It also amends the National Defence Act to, among other things,
(a) improve the administration of military justice as it relates to sentencing by increasing the penalty for contempt;
(b) require courts martial to give primary consideration to denunciation and deterrence of offences involving criminal organizations; and
(c) create new aggravating circumstances to address repeat violent offending, offences against first responders, stealing for commercial purposes and certain property offences.
Finally, the enactment also includes transitional provisions and coordinating amendments.
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Bail and Sentencing Reform Act.
R.S., c. C-46Criminal Code
Amendments to the Act
2 (1) Paragraph (c) of the definition superior court of criminal jurisdiction in section 2 of the Criminal Code is replaced by the following:
(c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, the Court of Appeal or the Supreme Court,
(2) Paragraph (e) of the definition superior court of criminal jurisdiction in section 2 of the Act is replaced by the following:
(e) in Yukon and the Northwest Territories, the Supreme Court, and
3 The definition superior court in subsection 84(1) of the Act is amended by adding “and” at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:
(d) in Nova Scotia, British Columbia, Prince Edward Island, Newfoundland and Labrador and a territory, the Supreme Court; (cour supérieure)
4 Paragraph 145(5)(b) of the Act is replaced by the following:
(b) is bound to comply with an order under subsection 515(12), 516.1(1) or 522(2.1) and who fails, without lawful excuse, to comply with that order.
5 Paragraphs (c) and (d) of the definition court in subsection 164(8) of the Act are replaced by the following:
(d) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court, and
6 (1) Paragraph 188(4)(c) of the Act is replaced by the following:
(c) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Chief Justice of the Supreme Court;
(2) Paragraph 188(4)(e) of the Act is repealed.
6.1 (1) Subsection 269.01(1) of the Act is replaced by the following:
Marginal note:Aggravating circumstance — assault against a public transit employee
269.01 (1) When a court imposes a sentence for an offence referred to in paragraph 264.1(1)(a) or any of sections 266 to 269, it shall consider as an aggravating circumstance the fact that the victim of the offence was, at the time of the commission of the offence, a public transit employee engaged in the performance of his or her duty.
(2) The definition public transit operator in subsection 269.01(2) of the Act is replaced by the following:
- public transit employee
public transit employee means an individual who works for, or is contracted to work for, an organization that provides passenger transportation services to the public. (employé des services de transport en commun)
7 Paragraphs (c) and (d) of the definition court in subsection 320(8) of the Act are replaced by the following:
(d) in the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, in Yukon and in the Northwest Territories, the Supreme Court, and
8 Subsection 320.24(4) of the Act is replaced by the following:
Marginal note:Discretionary order of prohibition — other offences
(4) If an offender is found guilty of an offence under section 220, 221, 236 or 320.13, subsection 320.14(2) or (3) or 320.15(2) or (3) or any of sections 320.16 to 320.18, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (5).
9 The Act is amended by adding the following after section 333.1:
Marginal note:Sentences to be served consecutively — breaking and entering
333.11 (1) A sentence imposed on a person for an offence under subsection 333.1(3) or (4) shall be served consecutively to any other sentence imposed on the person for an offence under section 348 arising out of the same event or series of events.
Marginal note:Sentences to be served consecutively — other offences
(2) A sentence imposed on a person for a second or subsequent offence under subsection 333.1(3) or (4) shall be served consecutively to any other sentence imposed on the person for an offence arising out of the same event or series of events.
10 The Act is amended by adding the following after section 334:
Marginal note:Aggravating circumstance — stolen property
334.1 (1) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 322, 343, 348, 351 or 354, it shall consider as an aggravating circumstance the fact that the offence was committed with intent to sell or barter the stolen property or to fraudulently return it to a retail merchant.
Marginal note:Aggravating circumstance — essential infrastructure
(2) Without limiting the generality of section 718.2, when a court imposes a sentence for an offence referred to in section 322, 343 or 430, it shall consider as an aggravating circumstance the fact that the offence interfered with the access to or functioning of an essential infrastructure, as defined in subsection 52.1(2), or caused it to be unsafe or unfit for use.
11 The Act is amended by adding the following after section 346:
Marginal note:Sentences to be served consecutively
346.1 A sentence imposed on a person for an offence under section 346 shall be served consecutively to any other sentence imposed on the person for an offence under any of sections 433 to 436 arising out of the same event or series of events.
11.1 Paragraph 485.2(7)(c) of the Act is replaced by the following:
(c) set out a summary of subsection 145(3), section 512.1 and subsections 524(4) and (6.2).
12 The heading before section 493 of the French version of the Act is replaced by the following:
Définitions et interprétation
13 The Act is amended by adding the following after section 493:
Marginal note:Clarification — indictable offence
493.01 For greater certainty, a reference to an indictable offence includes an offence that may be punishable on summary conviction if it is also an offence that may be prosecuted by indictment, unless the prosecutor has elected to proceed by way of summary conviction.
14 The Act is amended by adding the following after section 493.1:
Marginal note:Clarification
493.11 (1) For greater certainty, section 493.1 does not require the accused to be released.
Marginal note:Application
(2) For the purposes of section 493.1,
(a) a peace officer shall not release the accused if the peace officer believes on reasonable grounds that it is necessary in the public interest for the accused to be detained in custody under subsection 498(1.1), including for the safety and security of any victim of or witness to the offence;
(b) a peace officer shall, if they release the accused, impose the least onerous conditions that are appropriate in the circumstances, namely, those that are necessary to address the risks posed by the accused as they relate to the purposes referred to in subsection 501(3), including the safety and security of any victim of or witness to the offence;
(c) a justice or judge, as the case may be, shall not give primary consideration to the release of the accused at the earliest reasonable opportunity if the accused is one to whom subsection 515(6), 522(2), 523(2.1) or 524(4) applies;
(d) a justice or judge shall, if they release the accused, impose the least onerous conditions that are appropriate in the circumstances, namely, those that are necessary to address the risks posed by the accused as they relate to the grounds referred to in subsection 515(10), including the protection or safety of the public; and
(e) a justice or judge shall not order that the accused be released if the detention of the accused is justified under subsection 515(10), including for the protection or safety of the public.
15 Section 495.1 of the Act is replaced by the following:
Marginal note:Arrest without warrant — application of section 524
495.1 Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused, or has committed an offence while being subject to a summons, appearance notice, undertaking or release order, the peace officer may arrest the accused without a warrant for the purpose of taking them before a judge or justice to be dealt with under section 524.
15.1 Subsection 500(2) of the Act is replaced by the following:
Marginal note:Summary of consequences — failure to appear
(2) An appearance notice shall set out a summary of subsections 145(3) and (6), section 512.2 and subsections 524(4) and (6.2) and the possible consequences of a failure to appear at a judicial referral hearing under section 523.1.
15.2 Paragraph 501(1)(c) of the Act is replaced by the following:
(c) a summary of subsections 145(4) and (6), sections 512 and 512.2 and subsections 524(4) and (6.2).
16 Subsection 502(2) of the Act is replaced by the following:
Marginal note:Replacement or variation without consent
(2) The accused or the prosecutor may, in the absence of consent between them,
(a) apply to a justice for a release order referred to in section 515 to replace an undertaking given by the accused under paragraph 498(1)(c), 499(b) or 503(1.1)(b) with the order; or
(b) apply to a justice to vary the undertaking in respect of which the accused has been released under section 498, 499 or 503, in which case the undertaking so varied is deemed to be an undertaking given under section 498, 499 or 503, as the case may be.
If the prosecutor makes the application, the prosecutor must provide three days’ notice to the accused.
17 The portion of subsection 503(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Taking before justice
503 (1) Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part or under section 705.1 shall, in accordance with the following paragraphs, cause the person to be taken before a justice to be dealt with according to law:
18 Subsection 507(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (a):
(a.1) if a hearing is held, hold it in camera; and
19 Paragraph 507.1(3)(a) of the Act is replaced by the following:
(a) has heard and considered, ex parte and in camera, the allegations of the informant and the evidence of witnesses;
20 (1) Subsection 508(1) of the Act is amended by adding the following after paragraph (a):
(a.1) if a hearing is held, hold it in camera;
(2) Paragraph 508(1)(b) of the Act is amended by striking out “or” at the end of subparagraph (i), by striking out “and” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(iii) in the case of the undertaking, amend it to correct the time and place set out in the condition requiring the accused to attend court; and
20.1 Subsection 509(4) of the Act is replaced by the following:
Marginal note:Summary of certain provisions
(4) The summons must set out a summary of subsection 145(3), section 512.1 and subsections 524(4) and (6.2).
21 Section 511 of the Act is amended by adding the following after subsection (2):
Marginal note:Warrant — cancellation
(2.1) Despite subsection (2), a judge or justice having jurisdiction in the territorial division in which the warrant was issued may cancel the warrant on application by the prosecutor, with or without the appearance of the accused, if the judge or justice is satisfied that it is in the interests of justice to do so.
22 Section 512.3 of the Act is replaced by the following:
Marginal note:Warrant to appear under section 524
512.3 If a justice is satisfied that there are reasonable grounds to believe that an accused has contravened or is about to contravene any summons, appearance notice, undertaking or release order that was issued or given to the accused or entered into by the accused or has committed an offence while being subject to any summons, appearance notice, undertaking or release order, the justice may issue a warrant for the purpose of taking the accused before a justice under section 524.
23 (1) Section 515 of the Act is amended by adding the following after subsection (2.03):
Marginal note:Non-application
(2.04) Subsection (2.01) does not apply to an accused to whom subsection (6) applies.
(1.1) Section 515 of the Act is amended by adding the following after subsection (2.1):
Marginal note:Prohibition — surety convicted of indictable offence
(2.11) Despite subsection (2.1), a judge, justice or court shall not name a person as surety if the person was convicted of an indictable offence within ten years before the day on which the release order is made unless the judge, justice or court is satisfied that no other suitable surety is available and that doing so is in the interests of justice.
Marginal note:Record of reasons for surety
(2.12) If a judge, justice or court names a person described in subsection (2.11) as a surety, the judge, justice or court shall include in the record a statement of the reasons for doing so.
(2) Subsection 515(3) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph (a):
(a.1) whether the accused is charged with an offence in the commission of which random and unprovoked violence was used or attempted; or
(3) Subsection 515(4.1) of the Act is replaced by the following:
Marginal note:Condition prohibiting possession of firearms, etc.
(4.1) When the justice makes an order under subsection (2) in respect of an accused who is charged with any of the following offences, the justice shall add to the order a condition prohibiting the accused from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all those things, until the accused is dealt with according to law unless the justice considers that such a condition is not required in the interests of the safety of the accused or the safety and security of a victim of the offence or of any other person:
(a) an offence in the commission of which violence against a person was used, threatened or attempted;
(b) a terrorism offence;
(c) an offence that is alleged to have been committed for the benefit of, at the direction of or in association with a criminal organization;
(d) an offence under section 264 (criminal harassment);
(e) an offence under section 346 (extortion);
(f) an offence under section 423.1 (intimidation of a justice system participant);
(g) an offence under subsection 423.2(1) (intimidation — health services);
(h) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act;
(i) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act;
(j) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance;
(k) an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of the Foreign Interference and Security of Information Act, or an offence under subsection 21(1) or 22(1) or section 23 of that Act that is committed in relation to an offence under subsection 20(1), 20.1(1), 20.2(1), 20.3(1) or 20.4(1) of that Act.
(4) Subsection 515(4.3) of the Act is amended by adding the following after paragraph (a):
(a.1) an offence that is alleged to have been committed for the benefit of, at the direction of or in association with a criminal organization;
(5) Paragraph 515(4.3)(b) of the Act is amended by replacing “264” with “264, 346”.
(6) Section 515 of the Act is amended by adding the following after subsection (4.3):
Marginal note:Additional conditions
(4.4) Before making an order under subsection (2) in respect of an accused who is charged with an offence described in subsection 333.1(1), (3) or (4) or paragraph 348(1)(d), the justice shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the order that the accused
(a) abstain from going to any place or entering any geographic area specified in the order, except in accordance with any specified conditions that the justice considers necessary;
(b) abstain from having in their possession any instrument specified in the order that is suitable for the purpose of breaking into any place or motor vehicle; or
(c) return to and remain at their place of residence at the times specified in the order.
(7) The portion of subsection 515(6) of the Act before paragraph (a) is replaced by the following:
Marginal note:Order of detention
(6) Unless the accused, having been given a reasonable opportunity to do so, shows cause why the accused’s detention in custody is not justified by clearly demonstrating that their proposed release plan addresses the risks posed by the accused as they relate to the grounds referred to in subsection (10), the justice shall order, despite any provision of this section, that the accused be detained in custody until the accused is dealt with according to law, if the accused is charged
(8) Subparagraph 515(6)(a)(iv) of the English version of the Act is replaced by the following:
(iv) that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1), 20.1(1), 20.3(1), 20.4(1) or 22(1) of the Foreign Interference and Security of Information Act,
(9) Paragraph 515(6)(a) of the Act is amended by striking out “or” at the end of subparagraph (vii) and by adding the following after subparagraph (viii):
(ix) that is an offence under any of sections 266 to 268 and 271 to 273 in the commission of which the accused is alleged to have choked, suffocated or strangled the complainant,
(x) that is an offence under section 279.01 or 279.011,
(xi) that is an offence under subsection 333.1(3) or (4),
(xii) that is an offence under subsection 346 in the commission of which violence was allegedly used, threatened or attempted against any person,
(xii.1) that is an offence in the commission of which violence was allegedly used and that would constitute the accused’s third or subsequent indictable offence in the commission of which violence was used,
(xiii) that is an offence under paragraph 348(1)(d), or
(xiv) that is an offence under section 117 or 118 of the Immigration and Refugee Protection Act;
(10) Paragraph 515(6)(b.2) of the Act is replaced by the following:
(b.2) with an offence in the commission of which violence was allegedly used, threatened or attempted against a person with the use of a weapon, and the accused has been previously convicted, within 10 years of the day on which they were charged for that offence, of another offence in the commission of which violence was also used, threatened or attempted against any person with the use of a weapon, if the maximum term of imprisonment for each of those offences is 10 years or more;
(11) Paragraph 515(10)(c) of the Act is amended by striking out “and” at the end of subparagraph (iii), by adding “and” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):
(v) the number or gravity of any outstanding charges against the accused that arise out of separate events.
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