Bail Act, R.S.O. 1990, c. B.1

Bail Act

R.S.O. 1990, CHAPTER B.1

Historical version for the period December 31, 1990 to December 14, 2009.

No amendments.

Crown Attorney to deliver or transmit certificate of lien

1. In cases in which a person has been committed for trial and is admitted to bail, the Crown Attorney shall, and, in any other case in which a person is admitted to bail, the Crown Attorney may, deliver or transmit a certificate of lien (Form 1) to the sheriff of the county in which the land mentioned therein is situate. R.S.O. 1990, c. B.1, s. 1.

Endorsement and index book

2. Upon the receipt of a certificate of lien, the sheriff shall, without fee, endorse thereon the day of the year, the month, the hour and the minute of its receipt and shall enter in an alphabetically-arranged index book kept for the purpose the name of the surety shown on the certificate of lien. R.S.O. 1990, c. B.1, s. 2.

Sheriff to deliver or transmit copy to land titles office

3. (1) The sheriff forthwith upon the receipt of a certificate of lien affecting land under the land titles system shall deliver or transmit to the land registrar a copy of the certificate of lien without his or her endorsement. R.S.O. 1990, c. B.1, s. 3 (1).

Entry in index book

(2) Upon the receipt of a copy of a certificate of lien, the land registrar shall, without fee, endorse thereon the day of the year, the month, the hour and the minute of its receipt and shall enter in an alphabetically-arranged index book kept for the purpose the name of the surety shown on the certificate of lien. R.S.O. 1990, c. B.1, s. 3 (2).

Where land under registry system

4. Where the land mentioned in the certificate of lien is under the registry system, the Crown, as soon as the entry mentioned in section 2 is made, has a lien against the surety’s property mentioned in the certificate of lien for an amount equal to the amount for which the person is a surety as shown in the certificate of lien. R.S.O. 1990, c. B.1, s. 4.

Where land under land titles system

5. Where the land mentioned in the certificate of lien is under the land titles system, the Crown, as soon as the entry mentioned in subsection 3(2) is made, has a lien against the surety’s property mentioned in the certificate of lien for an amount equal to the amount for which the person is a surety as shown in the certificate of lien. R.S.O. 1990, c. B.1, s. 5.

Certificate re execution against lands

6. Where a certificate respecting executions against lands is required from a sheriff or land registrar, he or she shall, without additional fee, include in the execution certificate a statement as to whether there is a name shown on the index book mentioned in section 2 or subsection 3(2), as the case may be, that is the same as the name shown on the certificate. R.S.O. 1990, c. B.1, s. 6.

Crown Attorney to deliver or transmit copy of certificate of discharge

7. As soon as a surety is discharged, the lien is discharged, and the Crown Attorney shall deliver or transmit a certificate of discharge (Form 2) to the sheriff to whom the certificate of lien was delivered or transmitted. R.S.O. 1990, c. B.1, s. 7.

Disposal of certificate of lien in sheriff’s office

8. Upon the receipt of a certificate of discharge, the sheriff shall attach the certificate of discharge to the proper certificate of lien and strike the name of the surety from the index book kept pursuant to section 2. R.S.O. 1990, c. B.1, s. 8.

Sheriff to deliver or transmit copy of certificate of discharge to land registrar

9. (1) Where the land mentioned in a certificate of discharge is under the land titles system, the sheriff forthwith upon the receipt of the certificate of discharge shall deliver or transmit to the land registrar a copy of the certificate of discharge. R.S.O. 1990, c. B.1, s. 9 (1).

Disposal of certificate of lien in land titles office

(2) Upon the receipt of a copy of a certificate of discharge from the sheriff, the land registrar shall attach the copy of the certificate of discharge to the proper certificate of lien and strike the name of the surety from the index book kept pursuant to subsection 3(2). R.S.O. 1990, c. B.1, s. 9 (2).

FORM 1
CERTIFICATE OF LIEN

R.S.O. 1990, c. B.1, Form 1.

FORM 2
CERTIFICATE OF DISCHARGE

R.S.O. 1990, c. B.1, Form 2.

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