Ontario’s cash-bail “pay in 2 days” rule is on hold — what that means
Ontario’s cash-bail “pay in 2 days” rule is on hold. In mid-August 2026, Ontario started requiring something new at bail. If a release order included a promise to pay — by you or a surety — the province expected that money deposited within two business days of release. Not later. Not only if someone skipped court. Up front.
Then, on August 31, 2026, Ontario Superior Court Justice William Chalmers put key parts of that system on pause while a constitutional challenge proceeds. The case is Corporation of the Canadian Civil Liberties Association et al. v. Ontario, 2026 ONSC 4980.
That pause matters for anyone dealing with bail in Ontario right now.
What Bill 75 changed
The cash rules came from Bill 75, the Keeping Criminals Behind Bars Act, 2026.
Schedule 2 amended Ontario’s Bail Act. New section 8.0.1 said that if a Criminal Code release order included a promise to pay, the pledged amount had to be paid to the province in the time and manner set by regulation.
Ontario Regulation 278/26 required the full amount within two business days of release. Those bail provisions came into force on August 17, 2026.
What the court suspended
Justice Chalmers suspended:
section 8.0.1 of the Bail Act; and
section 2(1) of O. Reg. 278/26
until the constitutional application is finally decided.
Important: this is an interim injunction. It is not a final ruling that the law is unconstitutional.
Grounds for argument
The Canadian Civil Liberties Association and the Criminal Lawyers’ Association challenged the scheme. They argued that:
criminal law and procedure are federal;
the Criminal Code already governs bail, including when cash deposits are appropriate; and
mandatory cash deposits can conflict with the Charter right not to be denied reasonable bail without just cause (s. 11(e)).
Ontario’s position is that the rules administer a promise to pay after a justice has already decided release — under provincial power over the administration of justice — and that non-payment is a provincial offence, not automatic re-detention.
Ontario did not seriously contest that there is a serious constitutional issue. The real fight was over harm in the meantime and the balance of convenience.
What this does — and does not — change
Does: temporarily stop enforcement of those suspended cash-deposit rules.
Does not: finally decide whether Ontarios law is valid. That decision is still coming and an appeal may follow a final ruling.
Bottom line
Ontario’s mandatory post-release cash deposit for promise-to-pay releases is suspended for now.
The constitutional case continues - the injunction is temporary.
Every accused person remains presumed innocent unless and until proven guilty.
At our criminal defence practice, bail is often the first real fight in a case. If you or someone you care about is facing a bail hearing — or trying to understand what these news headlines mean for a live release — early advice matters. Call 416-684-4322 to speak with Stephanie Heyens.
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