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)
53 The paragraph of item 8 of Form 11 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 release order or are charged with committing an offence after you have been released, this release order may be cancelled and, as a result, you may be detained in custody (subsections 524(4) and (6.2) of the Criminal Code).
54 Form 12 of Part XXVIII of the Act is amended by adding the following after section 7:
7.1 Financial Information
Annual Income ...................
Assets (nature and value) ...................
Other ...................
55 Part XXVIII of the Act is amended by adding the following after Form 29:
FORM 29.1(Subsection 705(4))Endorsement of Witness — Warrant
Canada,
Province of 
,
(territorial division).
Whereas this warrant is issued under subsection 705(1) or (2) of the Criminal Code in respect of a witness who has been served with a subpoena to give evidence in a proceeding or who has been bound by a recognizance to attend and give evidence in a proceeding, I authorize the release of that person under subsections 705(4) and (5) of that Act.
This endorsement is subject to the following conditions: (specify conditions).
Dated (date), at (place)
(Signature of judge, justice or provincial court judge)
Transitional Provisions
Marginal note:Words and expressions
56 Unless the context requires otherwise, words and expressions used in sections 57 and 58 have the same meaning as in the Criminal Code.
Marginal note:Outstanding fines
57 The provisions of the Criminal Code, as enacted by sections 41 and 42, apply to the proceeds of a fine that is unpaid on the day on which those sections come into force.
Marginal note:Clarification — certain offences
58 (1) For greater certainty, the provisions of the Criminal Code, as enacted by sections 8, 9, 11, 37, 40 and 43, apply only with respect to an offence that is committed on or after the day on which those sections come into force.
Marginal note:Clarification — Parts XVI and XXVIII
(2) For greater certainty, the amendments to Parts XVI and XXVIII of the Criminal Code made by this Act apply with respect to any matter or proceeding under that Part XVI that is ongoing on the day on which section 12 comes into force.
Marginal note:Clarification — Application
(3) For greater certainty, the provisions of the Criminal Code, as enacted by sections 10, 34 to 36, 38 and 39, also apply with respect to any matter or proceeding that is ongoing on the day on which those sections come into force.
R.S., c. J-2Department of Justice Act
58.1 The Department of Justice Act is amended by adding the following after section 4.2:
Marginal note:Annual report — judicial interim release
4.3 (1) Every year, the Minister shall prepare a report on the state of judicial interim release in Canada and cause it to be tabled in each House of Parliament on any of the first 15 sitting days of that House after January 1.
Marginal note:Contents
(2) The report must include the following:
(a) data on judicial interim release outcomes, including in respect of compliance with release conditions, recidivism by accused at large on release orders, rates of detention in custody before trial and incidents requiring public attention;
(b) an analysis of the effectiveness of release conditions; and
(c) data on the accessibility of judicial interim release and disparities between different groups.
2002, c. 1Youth Criminal Justice Act
Amendments to the Act
59 (1) Paragraph (a) of the definition violent offence in subsection 2(1) of the Youth Criminal Justice Act is replaced by the following:
(a) an offence in the commission of which a young person causes bodily harm;
(2) The definition violent offence in subsection 2(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) an offence committed by a young person involving the use or trafficking of a firearm. (infraction avec violence)
60 Section 9 of the Act is replaced by the following:
Marginal note:Evidence of measures is inadmissible
9 Evidence that a young person has received a warning, caution or referral mentioned in section 6, 7 or 8 or that a police officer has taken no further action in respect of an offence, and evidence of the offence, is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the young person.
61 (1) Subsection 17(1) of the Act is replaced by the following:
Marginal note:Youth justice court may make rules
17 (1) The youth justice court for a province may, for the purpose of regulating proceedings within its jurisdiction, establish rules of court not inconsistent with this Act or any other Act of Parliament or with any regulations made under section 155.
(2) Subsection 17(3) of the Act is replaced by the following:
Marginal note:Publication of rules
(3) Rules of court that are made under the authority of this section must be published or otherwise made available to the public.
62 The portion of subsection 29(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Release order with conditions
29 (1) A youth justice court judge or a justice may impose a condition set out in subsections 515(4) to (4.4) of the Criminal Code in respect of a release order only if they are satisfied that
63 Paragraph 42(13)(b) of the Act is replaced by the following:
(b) is found guilty of more than one offence for each of which a sentence referred to in any of those paragraphs is imposed.
64 The Act is amended by adding the following after section 49:
Marginal note:Reasons — credit for time in detention
49.1 (1) The youth justice court shall give reasons for any credit granted for the time spent in detention by the young person as a result of the offence and shall cause those reasons to be stated in the record of the case.
Marginal note:Record of proceedings
(2) The youth justice court shall cause to be stated in the record of the case and on the warrant of committal the offence, the amount of time spent in detention, the term of the custody and supervision order that would have been imposed before any credit was granted, the amount of time credited, if any, and the sentence imposed.
Marginal note:Validity not affected
(3) Failure to comply with subsection (1) or (2) does not affect the validity of the sentence imposed by the court.
65 Subsection 56(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) if a young person is subject to a deferred custody and supervision order, at the end of the period set out in that order.
66 Subsection 57(1) of the Act is replaced by the following:
Marginal note:Transfer of youth sentence
57 (1) When a youth sentence has been imposed under any of paragraphs 42(2)(c) to (i), (k), (l) or (s) in respect of a young person and the young person or a parent with whom the young person resides is or becomes a resident of a territorial division outside the jurisdiction of the youth justice court that imposed the youth sentence, whether in the same or in another province, a youth justice court judge in the territorial division in which the youth sentence was imposed may, on the application of the Attorney General or on the application of the young person or the young person’s parent, with the consent of the Attorney General, transfer to a youth justice court in another territorial division the youth sentence and any portion of the record of the case that is appropriate. All subsequent proceedings relating to the case shall then be carried out and enforced by that court.
67 Subsection 58(1) of the Act is replaced by the following:
Marginal note:Interprovincial arrangements
58 (1) When a youth sentence has been imposed under any of paragraphs 42(2)(c) and (k) to (s) in respect of a young person, the youth sentence in one province may be dealt with in any other province in accordance with any agreement that may have been made between those provinces.
68 The Act is amended by adding the following after section 108:
Marginal note:Applicable provisions — detention and release
108.1 (1) If the case of a young person is referred to the youth justice court under section 108 for a review under section 103 or 109 and the young person is remanded to custody under section 102 or 106, sections 28 to 31 apply, with any necessary modifications, to an application for their release from custody until the completion of the review by the youth justice court.
Marginal note:Reference
(2) For the purposes of subsection (1), any reference in section 29 to a young person charged with a serious offence is to be read as a reference to a young person who has breached or is about to breach a condition referred to in section 102 or 106, as the case may be.
Marginal note:Continuation of sentence
(3) Despite the suspension of their conditional supervision and subject to section 107, the young person continues to serve their sentence until the review is completed by the youth justice court.
Marginal note:Conditions continue to apply
(4) During the suspension of their conditional supervision, any conditions imposed to which the young person is subject continues to apply, in addition to any conditions that may be imposed on them, in respect of a release order, until the completion of the review by the youth justice court.
Marginal note:Notice to Attorney General
(5) The provincial director shall, without delay, give notice to the Attorney General of an application in respect of the release from custody of a young person referred to in subsection (1).
69 The Act is amended by adding the following after section 109:
Marginal note:Time not counted
109.1 The time spent by a young person who is unlawfully at large while subject to a youth sentence does not count as part of any term of a custody and supervision order.
70 Section 110 of the Act is amended by adding the following after subsection (4):
Marginal note:Publication — urgent situation
(4.1) A police officer may publish information that identifies a young person without a court order referred to in subsection (4) if the police officer has reasonable grounds to believe that
(a) the young person has committed or is likely to commit an indictable offence; and
(b) the urgency of the situation is such that the immediate publication is necessary for all of the following reasons:
(i) the young person is an imminent danger to the public and the publication could aid in the prevention of serious bodily harm or death,
(ii) the publication is necessary to assist in apprehending the young person, and
(iii) the court order could not, with reasonable diligence, be obtained.
Marginal note:Publication — more than 24 hours
(4.2) The court order must be obtained if the publication is required for more than 24 hours after it has been made.
71 Section 115 of the Act is amended by adding the following after subsection (1.1):
Marginal note:For greater certainty
(1.2) For greater certainty, the police force may keep a record of an investigation in respect of an offence alleged to have been committed by a young person even if the investigation did not result in a charge or extrajudicial measures were not used to deal with that young person.
72 (1) Subsection 119(2) of the Act is amended by adding the following after paragraph (a):
(a.1) if an extrajudicial measure, other than an extrajudicial sanction, is used to deal with the young person, the period ending two years from the day on which the decision to use the extrajudicial measure is made;
(a.2) if the young person is the subject of an investigation referred to in subsection 115(1.2), two years from the day on which the young person ceases to be the subject of the investigation;
(2) Section 119 of the Act is amended by adding the following after subsection (4):
Marginal note:Records — certain investigations
(4.1) Access to a record kept in respect of an investigation referred to in subsection 115(1.2) is to be given only to the following persons for the following purposes:
(a) a peace officer or the Attorney General, in order to make a decision under this Act in respect of the young person to whom the investigation relates; and
(b) a peace officer, for the purpose of investigating an offence.
Marginal note:Evidence of investigation — inadmissible
(4.2) Evidence that forms a part of a police investigation referred to in subsection 115(1.2) in respect of a young person is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the young person.
73 Section 124 of the Act is replaced by the following:
Marginal note:Access to record by young person
124 Despite any other provision of this Act, a young person to whom a record relates and their counsel may have access to the record at any time.
74 Section 156 of the Act is replaced by the following:
Marginal note:Agreements with provinces
156 The Minister of Justice may enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act.
Transitional Provisions
Marginal note:Definition of Act
75 (1) In this section and sections 76 to 78, Act means the Youth Criminal Justice Act.
Marginal note:Words and expressions
(2) Unless the context requires otherwise, words and expressions used in sections 76 to 78 have the same meaning as in the Act.
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