Criminal Code

Marginal note:Contents of undertaking

• 501 (1) An undertaking under paragraph 498(1)(c), 499(b) or 503(1.1)(b) must set out

  • (a) the name, date of birth and contact information of the accused;

  • (b) the substance of the offence that the accused is alleged to have committed; and

  • (c) a summary of subsections 145(4) and (6), sections 512 and 512.2 and subsection 524(4).

• Marginal note:Mandatory conditions

  (2) The undertaking must contain a condition that the accused attend court at the time and place stated in the undertaking and to attend afterwards as required by the court.

• Marginal note:Additional conditions

  (3) The undertaking may contain one or more of the following conditions, if the condition is reasonable in the circumstances of the offence and necessary, to ensure the accused’s attendance in court or the safety and security of any victim of or witness to the offence, or to prevent the continuation or repetition of the offence or the commission of another offence:

  • (a) report at specified times to the peace officer or other specified person;

  • (b) remain within a specified territorial jurisdiction;

  • (c) notify the peace officer or other specified person of any change in their address, employment or occupation;

  • (d) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the undertaking, except in accordance with any specified conditions;

  • (e) abstain from going to any specified place or entering any geographic area related to any person referred to in paragraph (d), except in accordance with any specified conditions;

  • (f) deposit all their passports with the peace officer or other specified person;

  • (g) reside at a specified address, be at that address at specified hours and present themselves at the entrance of that residence to a peace officer or other specified person, at the officer’s or specified person’s request during those hours;

  • (h) abstain from possessing a firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, and surrender those that are in their possession to the peace officer or other specified person and also any authorization, licence or registration certificate or other document enabling them to acquire or possess them;

  • (i) promise to pay an amount specified in the undertaking, which shall not be more than $500, if they fail to comply with any condition of the undertaking;

  • (j) deposit, with the peace officer specified in the undertaking, money or other valuable security whose value does not exceed $500 if, at the time of giving the undertaking, the accused is not ordinarily resident in the province or does not ordinarily reside within 200 kilometres of the place in which they are in custody; and

  • (k) comply with any other specified condition for ensuring the safety and security of any victim of or witness to the offence.

• Marginal note:Attendance for purposes of Identification of Criminals Act

  (4) The undertaking may require the accused to appear at the time and place stated in it for the purposes of the Identification of Criminals Act, if the accused is alleged to have committed an offence referred to in paragraph 2(1)(c) of that Act.

• Marginal note:Money or other valuable security to be deposited with justice

  (5) If the accused has deposited an amount of money or other valuable security with a peace officer, the officer shall, without delay after the deposit, cause the money or valuable security to be delivered to a justice for deposit with the justice.

• Marginal note:Signature of accused

  (6) The accused 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. If they fail or refuse to sign, the lack of their signature does not invalidate the undertaking.