Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Variation of undertaking on consent

• 502 (1) The undertaking in respect of which an accused has been released under section 498, 499 or 503 may, with the written consent of the accused and the prosecutor, be varied and the undertaking so varied is deemed to be an undertaking given under section 498, 499 or 503, as the case may be.

• 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.