Canada
Peace Bonds in Canada: Section 810 Explained
A peace bond under Criminal Code section 810 is a court order requiring someone to keep the peace and follow specific conditions for up to 12 months, and unlike a conviction, entering into one does not give that person a criminal record.
What Is a Peace Bond?
A peace bond is a court order made under Criminal Code section 810. It requires the person named in it, called the defendant, to enter into a recognizance, which is a formal promise to the court to keep the peace and be of good behaviour for a set period, usually up to 12 months.
Signing a peace bond is not a guilty plea, and it does not result in a conviction. No trial takes place and the defendant does not admit to the underlying allegation. This is what makes a peace bond attractive as a resolution in many minor criminal matters, including some domestic incidents, neighbour disputes, and harassment complaints: the person named in it accepts conditions on their conduct without the case going to trial and without a criminal record resulting from that particular process.
That said, a peace bond is a real court order with real consequences. It is entered on the court record, the conditions are enforceable, and breaching any one of them is a separate criminal offence.
Who Can Apply, and What You Have to Prove
Section 810 lets any person lay an information before a justice if they fear, on reasonable grounds, that another person will:
- cause personal injury to them, or
- cause personal injury to their spouse or common-law partner or their child, or
- damage their property.
You do not need police involvement to start this process, although many applications are made with police or Crown counsel support, particularly in domestic violence and criminal harassment cases. A private applicant can go to their local courthouse, ask to see the clerk of the criminal court, and swear an information setting out the facts that ground the fear.
The standard is "reasonable grounds," not proof beyond a reasonable doubt. The applicant does not have to show that an offence has already happened, only that they reasonably fear one will occur. At the hearing, both sides can give evidence and call witnesses, and the defendant can contest the application.
What a Judge Can Order
If the justice or judge is satisfied the fear is reasonable, they can order the defendant to enter into a recognizance for a period of not more than 12 months. The order can include any conditions the court considers reasonable, commonly:
- no direct or indirect contact or communication with the person who applied
- staying away from a specified address, workplace, or school
- surrendering firearms and other weapons, and not possessing new ones
- abstaining from drugs or alcohol
- reporting to police or a supervising authority
- posting a cash surety in some cases
The conditions are tailored to the facts of the case. A peace bond arising from a neighbour dispute over property damage looks very different from one arising from a domestic violence complaint, which may include a full no-contact order and a weapons prohibition.
If the Defendant Refuses to Sign
A defendant is not forced to sign a peace bond against their will in the sense of having their hand guided to a pen, but refusing to enter into a recognizance the court has ordered has a real consequence: the judge can commit the defendant to prison for up to 12 months for that refusal. Because of this, most defendants who reach the point of a judicial order choose to sign rather than risk jail purely for refusing the recognizance.
Specialized Peace Bonds: Sections 810.1 and 810.2
Beyond the general section 810 peace bond, the Criminal Code creates two narrower, higher-stakes versions, generally initiated with Crown involvement:
Section 810.1 applies where a person fears on reasonable grounds that another will commit a sexual offence against a person under 16. Conditions can include a ban on unsupervised contact with children, restrictions on internet and digital network use, and staying away from parks, schools, pools, and daycares. The recognizance normally lasts up to 12 months, extending to up to two years if the defendant has a prior conviction for a relevant sexual offence involving a person under 16.
Section 810.2 applies where a person fears on reasonable grounds that another will commit a serious personal injury offence, and requires the Attorney General's consent to bring the application. Conditions can include electronic monitoring, residency requirements, curfews, abstention from drugs and alcohol, and providing bodily substance samples on demand. As with 810.1, the standard term is up to 12 months, extending to up to two years where the defendant has a relevant prior conviction.
In both cases, the judge must specifically turn their mind to whether a firearms prohibition is appropriate, and must give reasons if one is not imposed.
| s 810 (general) | s 810.1 (fear re: person under 16) | s 810.2 (fear of serious personal injury) | |
|---|---|---|---|
| Who typically applies | Any person | Usually police or Crown | Crown, with Attorney General consent |
| Standard duration | Up to 12 months | Up to 12 months | Up to 12 months |
| Extended duration | Not applicable | Up to 2 years with a relevant prior conviction | Up to 2 years with a relevant prior conviction |
| Typical extra conditions | Contact and location restrictions | Internet restrictions, no unsupervised contact with children | Electronic monitoring, residency and curfew conditions |
Peace Bond vs Restraining Order vs Protection Order vs Release Conditions
People often use "restraining order" loosely to describe any no-contact order, but in Canada these are legally distinct tools that come from different courts and different statutes.
| Order type | Legal basis | Court | Typical use |
|---|---|---|---|
| Peace bond | Criminal Code s 810, 810.1, 810.2 | Criminal (provincial) court | Fear of future harm or property damage, no charge or conviction required |
| Restraining order | Provincial family law statutes | Family court | Between spouses, former spouses, or common-law partners, usually alongside separation or divorce |
| Emergency/civil protection order | Provincial family violence legislation (e.g. Alberta's Protection Against Family Violence Act) | Provincial court or designated justice, sometimes on short notice | Urgent family violence situations, can be granted quickly |
| Release or probation conditions | Criminal Code (bail/sentencing provisions) | Criminal court | Imposed on someone already charged with or convicted of an offence, as a condition of release or sentence |
A peace bond is unusual among these because it does not require a criminal charge at all. It can be sought entirely on its own where someone fears future harm, whether or not any charge is ever laid. A restraining order and a civil or emergency protection order both come out of family law and generally apply only between people in a spousal, former spousal, or common-law relationship. Release conditions and probation conditions, by contrast, only exist because a criminal charge or conviction is already in the system.
If you are dealing with a family law matter such as separation, custody, or a restraining order between partners, see our overview of Canadian family law for the provincial process.
Does a Peace Bond Show Up on a Background Check?
A peace bond is not a conviction, so it does not create a criminal record in the same sense as a guilty finding does, and it is not something the Parole Board of Canada grants a record suspension for, because there is no conviction to set aside.
However, a peace bond can still appear on certain police information checks while it is in force, particularly a local police records check or a criminal record and judicial matters check that includes non-conviction information such as court orders. A basic name-based criminal record check tied to CPIC (the Canadian Police Information Centre) generally would not show a peace bond, since CPIC records convictions. A vulnerable sector check, the most detailed tier available only to those working or volunteering with children, the elderly, or other vulnerable people, can disclose additional non-conviction information, including certain court orders, at the discretion of the police service conducting it.
For a full breakdown of the different tiers of criminal record checks in Canada and what each one can and cannot disclose, see Criminal Record Checks in Canada.
Breaching a Peace Bond (Section 811)
Breaching any condition of a peace bond, whether it was made under section 810, 810.1, or 810.2, is a distinct criminal offence under Criminal Code section 811. It is a hybrid offence, meaning the Crown can proceed either:
- by indictment, carrying a maximum sentence of up to four years imprisonment, or
- by summary conviction, carrying a lower maximum penalty.
This is the single most important thing to understand about a peace bond: while entering into one is not a conviction, ignoring its conditions creates real criminal exposure, on top of whatever originally led to the peace bond. If you believe someone has breached a peace bond made in your favour, report it to police. If you are the person bound by a peace bond, treat every condition as fully enforceable, because it is.
If domestic violence is part of the picture, our guide to Domestic Violence Laws in Canada covers how peace bonds fit alongside charges, bail conditions, and other protective measures used in these cases.
How a Peace Bond Ends
A peace bond is not permanent. It automatically expires at the end of its term, whether that is 12 months or, for a specialized bond with a qualifying prior conviction, up to two years. Either party can go back to court before then to ask a judge to vary the conditions if circumstances change, and in some cases a new application can be brought if the underlying fear continues after expiry. There is no formal renewal built into section 810 itself; a fresh information and hearing is required to secure a new peace bond once the old one lapses.
Getting Help
Peace bond hearings can be handled without a lawyer, and court staff can explain the paperwork, but the stakes, both for someone genuinely afraid for their safety and for someone facing conditions that restrict where they can go and who they can contact, are high enough that speaking with a lawyer or a local legal clinic before the hearing is worth considering. For the broader picture of how peace bonds sit alongside other criminal law tools in Canada, start at our Canadian Criminal Law hub.
Disclaimer: This article provides general legal information about Canadian federal criminal law and is not a substitute for advice from a licensed lawyer in your province. Peace bond procedures and forms can vary by province and courthouse; contact your local courthouse or a legal clinic for guidance on your specific situation.
Frequently Asked Questions
Does a peace bond give me a criminal record?
No. Entering into a peace bond is not a guilty plea and not a conviction, so it does not create a criminal record on its own. It can still appear on some police information checks while it is in effect, and a vulnerable sector check may disclose certain non-conviction information in limited circumstances.
What happens if I refuse to sign a peace bond?
If a judge finds there are reasonable grounds for the fear and orders the recognizance, refusing to enter into it can result in imprisonment for up to 12 months. Most people who reach this stage choose to sign rather than risk jail purely for refusing.
What is the difference between a peace bond and a restraining order in Canada?
A peace bond is a criminal court order under Criminal Code section 810 and does not depend on the relationship between the parties. A restraining order comes from provincial family law and generally applies between spouses, former spouses, or common-law partners. Provinces also have separate emergency or civil protection orders under family violence legislation.
How long does a peace bond last?
A standard section 810 peace bond lasts up to 12 months. The specialized peace bonds under sections 810.1 (fear related to a person under 16) and 810.2 (fear of a serious personal injury offence) can last up to two years if the defendant has a relevant prior conviction.
What happens if someone breaches a peace bond?
Breaching any condition of a peace bond is a separate criminal offence under Criminal Code section 811. It is a hybrid offence, so the Crown can proceed by indictment, with up to four years in prison, or by summary conviction. Report a suspected breach to police.
Do I need a lawyer to apply for a peace bond?
No. You can lay an information yourself at your local courthouse, and court clerks can explain the process, though a lawyer or paralegal can help prepare and present the case, and either side may choose to have legal representation at the hearing.
Updates
The maximum penalty for breaching a peace bond under section 811 was set at up to four years imprisonment when the Crown proceeds by indictment.
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Criminal Code
s. 810If injury or damage fearedIn forcecited in 7 of our articles
(1) An information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person (a) will cause personal injury to them or to their intimate partner or child or will damage their property; or (b) will commit an offence under section 162.1. (2) A justice who receives an information under subsection (1) shall cause the parties to appear before him or before a summary conviction court having jurisdiction in the same territorial division. (3) If the justice or summary conviction court before which the parties appear is satisfied by the evidence adduced that the person on whose behalf the information was laid has reasonable grounds for the fear, the justice or court may order that the defendant enter into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period of not more than 12 months. (3.01) The justice or summary conviction court may commit the defendant to prison for a term of not more than 12 months if the defendant fails or refuses to enter into the recognizance.
Official text (excerpt) · last checked 2026-08-12 · Read the full text in our law library · Verify at laws-lois.justice.gc.ca
Also relied on in: Canadian Criminal Records & Everyday Criminal Law, Neighbour Disputes in Canada: Your Options, Domestic Violence Laws in Canada
s. 810.1Where fear of sexual offenceIn forcecited in 2 of our articles
(1) Any person who fears on reasonable grounds that another person will commit an offence under section 151 or 152, subsection 153(1), section 155, subsection 160(2) or (3), section 163.1, 170, 171, 171.1, 172.1 or 172.2, subsection 173(2), section 271, 272, 273 or 279.011, subsection 279.02(2) or 279.03(2), section 280 or 281 or subsection 286.1(2), 286.2(2) or 286.3(2), in respect of one or more persons who are under the age of 16 years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named. (2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge. (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months.
Official text (excerpt) · last checked 2026-08-12 · Read the full text in our law library · Verify at laws-lois.justice.gc.ca
s. 810.2Where fear of serious personal injury offenceIn forcecited in 2 of our articles
(1) Any person who fears on reasonable grounds that another person will commit a serious personal injury offence, as that expression is defined in section 752, may, with the consent of the Attorney General, lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named. (2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge. (3) If the provincial court judge before whom the parties appear is satisfied by the evidence adduced that the informant has reasonable grounds for the fear, the judge may order that the defendant enter into a recognizance to keep the peace and be of good behaviour for a period that does not exceed 12 months. (3.1) However, if the provincial court judge is also satisfied that the defendant was convicted previously of an offence referred to in subsection (1), the judge may order that the defendant enter into the recognizance for a period that does not exceed two years.
Official text (excerpt) · last checked 2026-08-12 · Read the full text in our law library · Verify at laws-lois.justice.gc.ca
s. 811Breach of recognizanceIn forcecited in 3 of our articles
A person bound by a recognizance under any of sections 83.3 and 810 to 810.2 who commits a breach of the recognizance is guilty of (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or (b) an offence punishable on summary conviction.
Official text (excerpt) · last checked 2026-08-12 · Read the full text in our law library · Verify at laws-lois.justice.gc.ca
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Sources and References
- Criminal Code, section 810 (recognizance to keep the peace)(laws-lois.justice.gc.ca).gov
- Criminal Code, section 810.1 (recognizance, fear of sexual offence against person under 16)(laws-lois.justice.gc.ca).gov
- Criminal Code, section 810.2 (recognizance, fear of serious personal injury offence)(laws-lois.justice.gc.ca).gov
- Criminal Code, section 811 (breach of recognizance)(laws-lois.justice.gc.ca).gov
- Department of Justice Canada, Peace Bonds fact sheet(justice.gc.ca).gov
- Government of Ontario, Getting a peace bond(ontario.ca).gov
- Royal Canadian Mounted Police, Criminal record and vulnerable sector checks(rcmp-grc.gc.ca).gov