Criminal Code

Marginal note:Declaration of surety

• 515.1 (1) Before a judge, justice or court names a particular person as a surety, the person shall provide the judge, justice or court with a signed declaration under oath, solemn declaration or solemn affirmation in Form 12 that sets out

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

  • (b) information demonstrating that they are suitable to act as a surety for the accused, including financial information;

  • (c) their relationship to the accused;

  • (d) the name and date of birth of any other accused for whom they act as a surety;

  • (e) their acknowledgment of the charge, and of any other outstanding charges against the accused and the contents of the accused’s criminal record, if any;

  • (f) their acknowledgment of the amount that they are willing to promise to pay or deposit to the court and that may be forfeited if the accused fails to comply with any condition of the release order;

  • (g) their acknowledgment that they understand the role and responsibilities of a surety and that they assume these voluntarily; and

  • (h) a description of the contents of their criminal record and any outstanding charges against them, if any.

• Marginal note:Exception

  (2) Despite subsection (1), a judge, justice or court may name a person as a surety without a declaration if

  • (a) the prosecutor consents to it; or

  • (b) the judge, justice or court is satisfied that

    • (i) the person cannot reasonably provide a declaration in the circumstances,

    • (ii) the judge, justice or court has received sufficient information of the kind that would be set out in a declaration to evaluate whether the person is suitable to act as a surety for the accused, and

    • (iii) the person has acknowleged that they have received sufficient information with respect to the matters referred to in paragraphs (1)(e) to (g) to accept the role and responsibilities of a surety.

• Marginal note:Means of telecommunication

  (3) A person may provide the judge, justice or court with the declaration referred to in subsection (1) by a means of telecommunication that produces a writing.