How Long Does a Peace Bond Last?
A peace bond under section 810 of the Criminal Code lasts for a maximum of 12 months. The court sets the duration at the time the peace bond is entered into. Most peace bonds run for the full 12 months, though the court can impose a shorter period if the circumstances warrant it.
The 12-month maximum applies to the standard section 810 peace bond. Other types of peace bonds have different maximum durations:
- Section 810 (general) — maximum 12 months. This is the most common type of peace bond and covers fears of personal injury, property damage, or harm to a family member.
- Section 810.01 (criminal organization) — maximum 12 months. Applies where there are reasonable grounds to fear a terrorism or criminal organization offence.
- Section 810.1 (sexual offence against a minor) — maximum two years. Applies where there are reasonable grounds to fear a sexual offence against a person under 16.
- Section 810.2 (serious personal injury offence) — maximum two years. Applies where there are reasonable grounds to fear a serious personal injury offence.
In domestic assault cases, the peace bond is almost always entered into under section 810. The peace bond in a domestic assault context typically includes a no-contact condition with the complainant, a weapons prohibition, and a requirement to keep the peace and be of good behaviour for 12 months.
What Happens When a Peace Bond Expires
When a peace bond reaches its expiry date, the legal consequences are straightforward:
- All conditions are lifted. No-contact orders, weapons prohibitions, curfews, reporting requirements, and any other conditions cease to have effect. There is no gradual wind-down — the conditions end on the expiry date.
- No court appearance is required. The peace bond expires automatically on the date set by the court. You do not need to return to court to have it formally discharged.
- No criminal record results. Because a peace bond is not a conviction, its expiry does not leave a criminal record. There is no finding of guilt, no sentence, and no entry on the Canadian Police Information Centre (CPIC) criminal record database.
- The underlying charges are withdrawn. In most cases, the peace bond is entered into as part of a resolution where the Crown withdraws the criminal charges. Once the charges are withdrawn and the peace bond expires, the matter is closed.
For the accused, this means that once the 12-month period has passed without incident, the matter is over. There is no probation to follow, no parole, and no ongoing obligation to the court.
Can a Peace Bond Be Extended?
A peace bond under section 810 cannot be extended or renewed. The Criminal Code does not provide a mechanism for the court to simply add time to an existing peace bond. When the 12-month period ends, the peace bond is spent.
However, the Crown or the informant can apply for a new peace bond before or after the existing one expires. This is not an extension — it is a fresh application that requires its own evidentiary basis. The applicant must demonstrate, on a balance of probabilities, that there are reasonable grounds to fear that the defendant will commit an offence.
In practice, the Crown rarely seeks a second peace bond unless new events have occurred during or after the first peace bond period that give rise to fresh grounds for fear. The fact that a peace bond was previously in place is not, by itself, sufficient to justify a new one.
When the Crown Seeks a New Peace Bond
There are situations where the Crown or a complainant will seek a new peace bond after the first one expires. This typically happens when:
- New incidents occur near the end of the peace bond period that give rise to fresh safety concerns.
- The complainant applies directly under section 810. Any person can lay an information before a justice if they fear that another person will cause them personal injury or damage their property. The Crown does not need to be involved.
- The original circumstances have not changed and the complainant can demonstrate ongoing reasonable grounds for fear.
A new peace bond application triggers a hearing. The defendant has the right to contest the application, call evidence, and argue that the fear is not reasonable. The court decides whether to impose a new peace bond on a balance of probabilities.
There is no statutory limit on how many peace bonds can be imposed. In theory, the Crown or a complainant could seek successive peace bonds indefinitely. In practice, courts are reluctant to impose indefinite restrictions on a person’s liberty without fresh evidence justifying each new order.
Section 810 vs. Section 810.1: Key Differences
Most peace bonds in Ontario are entered into under section 810. Section 810.1 applies in a narrower set of circumstances and carries more significant consequences.
| Feature | Section 810 | Section 810.1 |
|---|---|---|
| Purpose | Fear of personal injury, property damage, or harm to family | Fear of sexual offence against person under 16 |
| Maximum duration | 12 months | 2 years |
| Who can apply | Any person (informant) | Requires Attorney General consent |
| Standard conditions | Keep the peace, no contact, weapons prohibition | Same, plus GPS monitoring, community service, treatment programs |
| Criminal record | No | No |
| Breach penalty (summary) | Up to 18 months | Up to 18 months |
| Breach penalty (indictment) | Up to 4 years | Up to 4 years |
The distinction matters because section 810.1 peace bonds carry more restrictive conditions and last twice as long. If you are facing a section 810.1 application, the stakes are higher and the conditions are more onerous — even though no criminal conviction results.
Practical Implications After a Peace Bond Expires
Once a peace bond expires, several practical considerations follow:
- Employment. Because no criminal record results from a peace bond, you are not required to disclose it on a standard criminal record check. However, some employers — particularly those in regulated professions — may ask about peace bonds specifically. The existence of an expired peace bond may appear on a vulnerable sector check.
- Travel. A peace bond does not affect your ability to travel internationally. Because it is not a conviction, it does not make you inadmissible to the United States or any other country. However, while the peace bond is active, travel restrictions may be imposed as a condition.
- Firearms. If the peace bond included a weapons prohibition, that prohibition ends when the peace bond expires. However, you may need to reapply for a firearms licence, as the Chief Firearms Officer may consider the circumstances that led to the peace bond when assessing your application.
- Contact with the complainant. Once the peace bond expires, no-contact conditions are lifted. The defendant is legally free to contact the person named in the peace bond. However, caution is warranted — renewed contact could provide grounds for a new peace bond application or, in some circumstances, a criminal harassment charge.
- Police records. The peace bond remains in police databases even after it expires. This means it may appear on a vulnerable sector check and may be referenced by police if they are called to a future incident involving the same parties.
The Importance of Complying with Peace Bond Conditions
The single most important thing during a peace bond period is compliance. Breaching a peace bond under section 811 of the Criminal Code is a criminal offence that carries a maximum penalty of four years imprisonment on indictment or 18 months on summary conviction. Unlike the peace bond itself, a conviction for breach of a peace bond does create a criminal record.
The irony is significant: a peace bond is designed to resolve a criminal matter without a conviction. But breaching that peace bond creates a new criminal charge that can result in exactly the conviction the peace bond was meant to avoid. Strict compliance with every condition — no matter how inconvenient — is essential.
Should You Accept a Peace Bond?
A peace bond can be an excellent resolution in the right case. It allows criminal charges to be withdrawn without a guilty plea, without a conviction, and without a criminal record. For many accused persons — particularly those facing domestic assault charges or minor criminal allegations — a peace bond is the best realistic outcome.
But a peace bond is not always appropriate. If you have a strong defence and a realistic chance of acquittal, accepting a peace bond means giving up the right to trial. It also means living with conditions for 12 months and having the peace bond appear in police records. The decision depends on the strength of the evidence, the conditions being proposed, and your personal and professional circumstances.
If you are facing criminal charges in Ontario and a peace bond has been offered as a resolution, contact RH Criminal Defence to discuss whether accepting it is the right decision for your case.