Peace Bonds in Canada: What They Are and How They Work

A peace bond is a court order under section 810 of the Criminal Code that requires a person to keep the peace and be of good behaviour, usually for up to 12 months, and to follow conditions such as no contact with a named person. A court can order one when a person has reasonable grounds to fear that someone will cause injury to them, their spouse or common-law partner, or their child, or damage their property. Peace bonds are commonly used in two ways: as a protective order that a person applies for directly, and as a way to resolve a minor criminal charge, where the accused agrees to a peace bond and the Crown withdraws the charge. A peace bond is not a criminal conviction, but breaching it is a criminal offence.

This article is part of the guide to criminal law in Canada.

The short version

• A peace bond is a court order to keep the peace, usually lasting up to 12 months.
• It is not a criminal conviction and does not create a criminal record on its own.
• It is often used to resolve minor charges, such as simple assault or uttering threats, with the charge withdrawn.
• Anyone can apply for a peace bond against another person if they reasonably fear harm.
• Conditions can include no contact, staying away from places, and not possessing weapons.
• Breaching a peace bond is a criminal offence under section 811.
• A judge can jail someone for up to 12 months for refusing to enter a peace bond that the court orders.

How a Peace Bond Works

Other sections of the Criminal Code allow specialized peace bonds, for example to prevent sexual offences against children, terrorism or organized crime offences. These have different rules and longer terms.

Peace Bonds to Resolve a Charge

In many provinces, the Crown may offer a peace bond to resolve a minor charge, such as simple assault, mischief or uttering threats, especially for first-time accused people. In this situation:

1. The accused agrees to enter into a peace bond with conditions.
2. The accused acknowledges that the complainant has reasonable grounds to fear them. They do not plead guilty or admit the offence.
3. The Crown withdraws the criminal charge.

Because there is no plea and no conviction, this is often seen as a favourable resolution. It still has consequences: the peace bond and the conditions are recorded in police databases while in effect, and a breach is a criminal offence.

See assault charges in Canada.

Applying for a Peace Bond

A person who fears harm can apply for a peace bond, even if police have not laid a charge. In most provinces, the process is:

1. Go to the courthouse and ask to swear an information before a justice of the peace, describing why you fear the other person.
2. The justice decides whether to issue a summons for the other person to come to court.
3. First court date: the other person may agree to the peace bond, or ask for a hearing.
4. Hearing: if contested, the applicant must give evidence, and the court decides whether the fear is reasonable.

The process can take weeks or months, and it does not provide immediate protection. Anyone in immediate danger should call 911. People experiencing family violence may also be able to get a protection order through family court or provincial civil protection order laws, which can be faster.

Peace Bonds vs Other Protective Orders

Records, Background Checks and Travel

A peace bond is not a conviction, so it is not a criminal record in the usual sense. However:

• it appears in police databases, including CPIC, while it is in effect
• it may appear on vulnerable sector checks or some police information checks, depending on the province and police service
• the related charge and fingerprints may stay on file unless the person applies for record destruction after the peace bond expires
• it can raise questions at the U.S. border or in immigration matters

Many police services allow people to apply to destroy fingerprints and records of a withdrawn charge resolved by a peace bond, usually once the peace bond has ended. Waiting periods differ by police service, and the process is not automatic.

Frequently Asked Questions

Does a peace bond mean I'm guilty?

No. A peace bond does not involve a plea of guilty or a finding of guilt. The person acknowledges only that the complainant has a reasonable fear.

Can I travel to the U.S. with a peace bond?

A peace bond is not a conviction, but border officers may still ask about it. Seek advice before travelling. See criminal records and travelling to the U.S..

Can a peace bond be changed?

Yes. Either party can apply to the court to vary the conditions if circumstances change.

Do I need a lawyer for a peace bond?

Not always, but legal advice is wise before agreeing to one, especially as a way to resolve a charge, because the conditions will be binding. Duty counsel can often help.

Need advice about a peace bond? Search LawyerDirectoryCanada.ca for criminal lawyers by province and city.

Sources

• Criminal Code, section 810: recognizance, fear of injury or damage, Justice Laws Website
• Criminal Code, section 811: breach of recognizance, Justice Laws Website
• Getting a peace bond, Government of Ontario
• Should I sign a peace bond?, Steps to Justice
• Family violence and the law, Department of Justice Canada