4. Complete the Bail Variation form

Bail Variation forms are available at the Crown’s office in the courthouse. To complete the form, you will need information from your original bail or police undertaking. It’s best to attach a copy of your original bail to the Bail Variation form. This avoids any confusion about the terms that you want to change. 

You must sign the form in front of a witness who is a lawyer. If you don’t have a lawyer, duty counsel at the courthouse can witness the form.

The Crown prosecutor who agreed to the variation must sign the Bail Variation form. Once you have this signature, go to the office of the justice of the peace in the courthouse. Any sureties that you have must also come with you.

The justice of the peace will talk to you to make sure that you understand your updated bail conditions including:

• what has been changed since the original bail
• what has not been changed

If the justice of the peace does not agree to change your conditions through a consent variation, they will order a hearing to be held in the Ontario Court of Justice. At the hearing, your lawyer can give the justice of the peace information that shows why your conditions should be changed.

Even if the Crown agrees, the justice of the peace may refuse to change your bail conditions. If this happens, you may be eligible to ask to have your conditions changed through a bail review.