Bail and Sentencing Reform Act (S.C. 2026, c. 11)
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Assented to 2026-06-15
R.S., c. C-46Criminal Code (continued)
Amendments to the Act (continued)
34.1 The portion of subsection 680(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Review by court of appeal
680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5), (6.1) or (6.2) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,
35 Section 705 of the Act is amended by adding the following after subsection (3):
Marginal note:Witness — warrant endorsement
(4) A court, judge, justice or provincial court judge that issues a warrant under this section may, by making an endorsement on the warrant in Form 29.1, authorize the release of the person referred to in the warrant, on an undertaking with conditions.
Marginal note:Conditions — undertaking
(5) The court, judge, justice or provincial court judge that endorses the warrant must include any conditions of the undertaking that the court, judge, justice or provincial court judge considers necessary to ensure that the person will appear and give evidence in the proceeding.
Marginal note:Apply to vary undertaking
(6) The person referred to in subsections (1) or (2) may apply to the court, judge, justice or provincial court judge to vary the undertaking in respect of which they have been released.
Marginal note:Deeming
(7) An undertaking that is varied under subsection (6) is deemed to be an undertaking given under section 705.1.
36 The Act is amended by adding the following after section 705:
Marginal note:Release — undertaking
705.1 (1) If a person has been arrested by a peace officer under a warrant issued under subsection 705(1) or (2) and the warrant has been endorsed under subsection 705(4), a peace officer may release the person if they give an undertaking in Form 10.1.
Marginal note:Information required
(2) The undertaking must set out
(a) the name, date of birth and contact information of the person; and
(b) information about the proceeding in which the person was served a subpoena or bound by a recognizance, to attend to give evidence.
Marginal note:Mandatory conditions
(3) The undertaking must include a condition that the person attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.
Marginal note:Other conditions
(4) The undertaking must include any condition that is imposed by the court, judge, justice or provincial court judge under subsection 705(5) and set out in the endorsement made in Form 29.1.
Marginal note:Signature — witness
(5) The person referred to in subsection 705(1) or (2) shall be requested to sign in duplicate their undertaking and, whether or not they comply with that request, one of the duplicates shall be given to them.
Marginal note:Lack of signature — refusal or failure
(6) If the person fails or refuses to sign, the lack of the person’s signature does not invalidate the undertaking.
Marginal note:Conditions in effect
(7) The conditions with respect to the undertaking remain in effect until they are cancelled or changed or until the person appears and remains in attendance at the proceeding as required by the mandatory condition.
37 Subsection 708(2) of the Act is replaced by the following:
Marginal note:Punishment
(2) A court, judge, justice or provincial court judge may deal summarily with a person who is guilty of contempt of court under this section and that person is liable to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years less a day, or to both, and may be ordered to pay the costs that are incident to the service of any process under this Part and to that person’s detention, if any.
38 The Act is amended by adding the following after section 718.04:
Marginal note:Objectives — offence of motor vehicle theft when violence used
718.05 If a court imposes a sentence for a second or subsequent offence under subsection 333.1(3), it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.
Marginal note:Objectives — offence of breaking and entering
718.06 If a court imposes a sentence for a second or subsequent offence under section 348, it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.
Marginal note:Objectives — offence for the benefit of a criminal organization
718.07 If a court imposes a sentence for an offence that is committed for the benefit of, at the direction of or in association with a criminal organization, it shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.
39 (1) Subparagraph 718.2(a)(iii.2) of the Act is replaced by the following:
(iii.2) evidence that the offence was committed against a person who, in the performance of their duties and functions, was providing health services, including personal care services, or was providing services as a first responder,
(2) Paragraph 718.2(a) of the Act is amended by striking out “and” at the end of subparagraph (vi), by adding “and” at the end of subparagraph (vii) and by adding the following after subparagraph (vii):
(viii) evidence that the offence was committed with the use of violence, threats or attempts of violence against another person and that the offender has been convicted, within the previous five years, of one or more such offences,
40 Paragraph 718.3(4)(b) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):
(iv) one of the offences was committed with the use of violence, threats or attempts of violence against another person and the accused has been convicted, within the previous five years, of one or more such offences.
41 Section 734.5 of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) where the proceeds of the fine belong to His Majesty in right of Canada by virtue of subsection 734.4(2), the person responsible, by or under an Act of the legislature of a province, for issuing, renewing or suspending a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine is paid in full, proof of which lies on the offender.
42 The Act is amended by adding the following after section 734.5:
Marginal note:Compensation agreements
734.51 (1) The Attorney General of Canada may enter into an agreement with the government of a province or with any provincial, municipal or local authority
(a) respecting the sharing with that province or authority of the amounts in respect of fines that are collected in respect of the prosecution of offences commenced under this Act or any other Act of Parliament, for the purpose of providing for compensation by Canada to that province or authority, in whole or in part, for the administration and enforcement of this Act or any other Act of Parliament; and
(b) despite subsections 17(1) and (4) of the Financial Administration Act, authorizing the government of the province or the authority to withhold amounts, in accordance with the terms and conditions of the agreement, from the fines referred to in paragraph (a) to be remitted to the Receiver General and deposited in the Consolidated Revenue Fund.
Marginal note:Appropriation by Parliament
(2) All or a portion of the amount of fines referred to in paragraph (1)(a) that are to be shared under an agreement are deemed to be appropriated by Parliament for that purpose.
43 (1) Paragraph 742.1(c) of the Act is amended by striking out “or” at the end of subparagraph (ii) and by adding the following after subparagraph (ii):
(ii.1) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(ii.2) section 273 (aggravated sexual assault), or
(2) Section 742.1 of the Act is amended by striking out “and” at the end of subparagraph (c)(iii) and by adding the following after paragraph (c):
(c.1) the offence is not an offence, prosecuted by way of indictment, under any of the following provisions:
(i) section 153.1 (sexual exploitation of person with disability), or
(ii) section 271 (sexual assault);
(c.2) the offence is not an offence, prosecuted by way of indictment, of a sexual nature, or committed for a sexual purpose, that involves a victim under 18 years of age; and
44 (1) Paragraph 745.6(3)(c) of the Act is repealed.
(2) Paragraph 745.6(3)(e) of the Act is replaced by the following:
(e) in relation to the Provinces of Nova Scotia, British Columbia, Prince Edward Island and Newfoundland and Labrador, the Chief Justice of the Supreme Court; and
45 (1) Paragraph 812(1)(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, the Supreme Court;
(2) Paragraph 812(1)(g) of the Act is repealed.
46 The reference to “The Trial Division of the Supreme Court” in column II of the schedule to Part XXV of the Act, opposite “Newfoundland and Labrador” in column I, is replaced by a reference to “The Supreme Court”.
47 The paragraph of Form 6 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(Subsection 524(4) of the Criminal Code).” is replaced by the following:
If you do not comply with this summons or are charged with committing an offence after it has been issued to you, this summons may be cancelled and, as a result, you may be detained in custody (subsections 524(4) and (6.2) of the Criminal Code).
48 The paragraph of Form 6.2 of Part XXVIII of the Act that begins with “If you are on interim release” and ends with “(section 524 of the Criminal Code).” is replaced by the following:
If you are on interim release and do not comply with this summons or are charged with committing an offence after it has been issued to you, any summons, appearance notice, undertaking or release order to which you are subject may be cancelled and, as a result, you may be detained in custody (section 524 of the Criminal Code).
49 Paragraphs (d) and (e) of Form 8 of Part XXVIII of the Act are replaced by the following:
(d) the accused has contravened or was about to contravene a (summons or appearance notice or undertaking or release order) and it was cancelled, and the detention of the accused in custody is justified [515(10), 523.1(3), 524(3), (4) and (6.2)];
(e) there are reasonable grounds to believe that the accused has committed an offence after having become subject to the (summons or appearance notice or undertaking or release order) and the detention of the accused in custody is justified [515(10), 524(3), (4) and (6.2)];
50 The paragraph of section 6 of Form 9 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code).” is replaced by the following:
If you do not comply with this appearance notice or are charged with committing an offence after you have been released, this appearance notice may be cancelled and, as a result, you may be detained in custody (subsections 524(4) and (6.2) of the Criminal Code).
51 (1) Section 7 of Form 10 of Part XXVIII of the Act is replaced by the following:
7 Variation and Replacement
The conditions of this undertaking may be varied with the written consent of the prosecutor and yourself. In addition, you or the prosecutor may apply to a justice of the peace to replace this undertaking with a release order under section 515 of the Criminal Code. Finally, you or the prosecutor may apply to a justice of the peace to vary this undertaking.
(2) The paragraph of section 9 of Form 10 of Part XXVIII of the Act that begins with “If you do not comply” and ends with “(subsection 524(4) of the Criminal Code).” is replaced by the following:
If you do not comply with this undertaking or are charged with committing an offence after you have been released, this undertaking may be cancelled and, as a result, you may be detained in custody (subsections 524(4) and (6.2) of the Criminal Code).
52 Part XXVIII of the Act is amended by adding the following after Form 10:
FORM 10.1(Subsection 705(4))Undertaking — Witness
Canada,
Province of 
,
(territorial division).
1 Identification
Surname:
Given name(s): Date of Birth:
2 Contact Information
3 Proceeding in which you were served a subpoena or bound by a recognizance, to attend to give evidence
Whereas A.B. has been charged that (state offence as in the information), and it has been made to appear that you are likely to give material evidence and/or bring with you anything in your possession or under your control that relates to the said charge.
4 Mandatory Condition
You must attend court as indicated below, and afterwards as required by the court:
Date:
Time:
Court number:
Court address:
5 Conditions determined by the court, judge, justice or provincial court judge
You must also comply with the following conditions (reproduce the conditions determined by the court, justice or provincial court judge as set out in Form 29.1):
6 Conditions in effect
The mandatory condition and the conditions determined by the court, judge, justice or provincial court judge on this undertaking remain in effect until they are cancelled or changed or until you appear and remain in attendance at the proceeding as required by the mandatory condition (section 763 of the Criminal Code).
7 Variation
The conditions of this undertaking may be varied by application to the court, judge, justice or provincial court judge.
8 Consequence for non-compliance
You are warned that, unless you have a lawful excuse, you commit an offence under section 145 of the Criminal Code if you fail to follow any of the conditions set out in this undertaking, including
(a) if you fail to attend court as required; or
(b) if you fail to comply with the conditions determined by the court, judge, justice or provincial court judge.
If you commit an offence under section 145 of the Criminal Code, a warrant for your arrest may be issued (section 512 or 512.2 of the Criminal Code) and you may be liable to a fine or to imprisonment, or to both.
9 Signatures
WITNESS:
I understand the contents of this undertaking and agree to comply with the mandatory condition and the conditions determined by the court, judge, justice or provincial court judge.
I understand that I do not have to accept the conditions and that, if I do not accept the conditions, I will be brought before a court, judge, provincial court judge or justice under sections 705 and 706 of the Criminal Code.
Signed on (date)
, at (place).(Signature of witness)
PEACE OFFICER:
Signed on (date)
, at (place) .(Signature of peace officer)
(Name of the peace officer)
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