Peace Bond in Canada and Quebec: How a Section 810 Order Works

A peace bond is a court order in which a person promises a judge to keep the peace, be of good behaviour and follow specific conditions, such as having no contact with someone, for a set period, usually up to a year. It comes from section 810 of the Criminal Code, so it applies across Canada, including Quebec, where it is called an engagement de ne pas troubler l'ordre public or simply an "810".

A peace bond is not a criminal charge and not a conviction. Signing one does not give you a criminal record, but breaking any of its conditions is a criminal offence. This guide explains who can ask for one, how the process works before a judge in Quebec, the usual conditions, what happens if you sign or contest it, and how it differs from a civil protection order.

What is a peace bond?

A peace bond is a preventive tool. It is meant to stop something from happening, not to punish something that already happened. A judge orders one when a person shows they have reasonable grounds to fear that someone will hurt them, their intimate partner or their child, or damage their property.

The person who must sign it (the defendant) agrees to keep the peace and to respect the conditions the judge sets. In exchange, there is no trial on guilt and no finding that a crime was committed.

Is a peace bond a criminal record?

No. A peace bond is not a conviction, so it does not create a criminal record on its own. That is often the main reason people agree to one.

Two points matter, though:

• Breaching it is a crime. If the person bound by the peace bond breaks a condition, they can be charged with a criminal offence, and a conviction for that breach would appear on a record.
• It can still be visible. While it is in force, a peace bond may appear in police databases and may come up in some background checks.

Who can ask for a peace bond, and what evidence do you need?

Anyone who fears, on reasonable grounds, that another person will cause them, their intimate partner or their child personal injury, or will damage their property, can ask for a peace bond. The Criminal Code also covers the fear that someone will share intimate images without consent.

In Quebec, the request usually starts with a complaint to the police. The file is then often handled in court by a criminal prosecutor. What the judge needs is evidence that the fear is reasonable, which can include:

• Threatening texts, emails, voicemails or social media messages.
• A history of incidents, with dates, written down as soon as possible after they happen.
• Witnesses who saw or heard the behaviour.
• Police reports from earlier calls.

The fear does not have to be about something that already happened, but it must rest on facts, not just a feeling.

How the section 810 process works in Quebec

The steps follow the Criminal Code and are much the same across Canada. In Quebec, the hearing usually takes place before the Court of Québec.

• The request is filed. A sworn statement (an information) is laid before a justice, usually with the help of the police.
• Both parties are summoned. The person the request is against is called to appear in court.
• The defendant signs or contests. Many cases end at this stage, with the defendant agreeing to sign. If not, the judge holds a hearing.
• The judge decides. If the judge is satisfied the fear is reasonable, they order the peace bond and set its conditions and length.

Quebec's Ministère de la Justice and Éducaloi both publish plain-language information on the criminal process and on protection from violence.

Common peace bond conditions

Every peace bond includes the promise to keep the peace and be of good behaviour. The judge can add any reasonable conditions needed to protect the person who asked for it. Common ones include:

• No contact, direct or indirect, with the person and sometimes their family, including through social media or third parties.
• Keeping away from a home, workplace, school or other named places.
• Weapons: the judge must consider a ban on firearms and other weapons, and often orders one, with instructions for handing them in.
• Alcohol or drugs: in some cases, a condition to abstain.

Conditions should be read closely before signing. Even a friendly message to the protected person can be a breach.

Signing vs contesting a peace bond

If you are asked to sign a peace bond, you generally have two choices.

• Sign it. The matter ends without a hearing on the facts and without a criminal record. You do not have to admit to anything, but you must follow every condition for the whole period.
• Contest it. The judge hears the evidence from both sides and decides whether the fear is reasonable. If it is not, the request is dismissed.

Refusing to sign after a judge has ordered a peace bond is not a neutral choice: the Criminal Code allows a judge to send a person who refuses to prison. That is one reason to get legal advice before deciding.

Using a peace bond to resolve a criminal charge

Peace bonds are also used to settle some criminal charges, often in domestic or neighbour disputes. In those cases, the prosecutor may agree to withdraw the charge if the accused signs a peace bond instead.

For the accused, this can avoid a trial and a possible conviction. For the complainant, it can bring protective conditions quickly. Whether this option is available depends on the facts, the file and the prosecutor's decision, so it is something to discuss with a criminal defence lawyer, not something to assume.

Peace bond vs restraining order (protection order) in Quebec

People often use "restraining order" for any court order that keeps someone away. In Quebec, two different tools exist:

• A peace bond (section 810) is a criminal-law order under the Criminal Code. It is usually requested through the police, and breaching it is a criminal offence.
• A civil protection order (ordonnance de protection) is requested under Quebec's Code of Civil Procedure, by applying to a civil judge, without going through the police or the criminal courts.

Bail conditions and probation orders can also include no-contact rules, but they come with a criminal charge or sentence. Which tool fits depends on the situation, the urgency and what has already happened, and a lawyer can help you choose.

Can a peace bond be removed, and what happens after it expires?

A peace bond can be varied by the court if circumstances change. Either side can ask the judge to change its conditions, and in some cases the court can be asked to end it early. Getting a change is not automatic, so legal advice helps.

When the period ends, the conditions stop applying. If the fear continues, a new request can be made, but it needs fresh evidence.

Effects on travel and immigration

Because a peace bond is not a conviction, its effect on travel and immigration is generally smaller than that of a criminal record. Still, it can come up in some border or background checks while it is in force, and a breach leading to a conviction can have serious consequences. Anyone who is not a Canadian citizen, or who travels often, should raise this with a lawyer before signing.

Do you need a lawyer for a peace bond?

You are not required to have a lawyer, but a lawyer can help in several situations:

• You are asked to sign a peace bond and want to know whether to accept or contest it.
• A peace bond is being offered in exchange for withdrawing a criminal charge.
• You are worried about the effect on your work, travel or immigration status.
• You want protection and need help choosing between a peace bond and a civil protection order.
• You need to change or end a peace bond's conditions.

If you are in immediate danger, call 911 first.

Compare and book a lawyer on JustiConnect

JustiConnect is a marketplace where you can compare lawyers and book a consultation. To get help with a peace bond, browse restraining order and protection order lawyers, or see criminal lawyers if a charge is involved. When family violence is part of the picture, domestic violence lawyers can help. You can also search lawyers who handle restraining orders and book directly.

Not sure how to pick? Read how to choose a lawyer in Quebec.

Frequently asked questions

How long does a peace bond last?

A peace bond lasts for a set period, usually up to a year, as set by the judge under the Criminal Code. The exact length is written in the order.

What happens if I refuse to sign a peace bond?

If you have not been ordered to sign yet, the judge holds a hearing. If the judge orders a peace bond and you still refuse, the Criminal Code allows the judge to send you to prison. Get legal advice before refusing.

Does a peace bond go on my criminal record?

No. A peace bond is not a conviction. It may still show in police databases while it is in force, and breaching it is a criminal offence.

Can the person who asked for the peace bond contact me?

The conditions bind the person who signed the peace bond, not the person it protects. Even if the protected person reaches out, the signer must still respect the no-contact condition.