Undertaking
An undertaking is a written promise — given by an accused person to a peace officer or to the court — to attend court at a specified time and to comply with stated conditions. Undertakings are used as a less formal alternative to recognizances and as the standard form of police release for less serious matters. The Criminal Code provisions for undertakings are in sections 498 to 503 and 515.
Mass Tsang's bail hearing lawyers handle undertaking and bail releases on short notice across the GTA. For more, see our explainer on seeking pre-trial release.
Police undertakings
After arrest, a peace officer can release the accused under section 498 on an undertaking — without bringing the accused before a justice for a bail hearing. Standard conditions on a police undertaking include: attending court at a specified date; remaining in the jurisdiction or notifying police of any change of address; not communicating with named persons; not possessing weapons; and abstaining from alcohol or drugs in some configurations. Police can decline to release on an undertaking and require a bail hearing instead.
Court-ordered undertakings
A court can also order release on an undertaking under section 515(2)(a), the lowest-tier form of judicial interim release. The form is similar to a police undertaking but ordered by the court with judicial conditions. More restrictive forms — recognizances with conditions, recognizances with sureties — sit above the simple undertaking in the section 515 ladder.
Compliance and breach
Failing to comply with an undertaking is a criminal offence under section 145, with the same elements and consequences as breach of any other release order. Even relatively minor breaches can lead to fresh charges and a return to custody. The Crown bears a comparatively low burden — the existence of the undertaking, knowledge of the conditions, and the alleged breach are usually straightforward to prove.
Changes after Bill C-75
Bill C-75 (2019) made significant changes to the bail and release framework. Police release powers were expanded — undertakings can now include a wider range of conditions, and police have broader discretion to release rather than seek detention. The reforms aim to reduce pre-trial detention and to move accused persons through the system more quickly. The 24-hour rule for production before a justice remains, but undertakings are more often used to avoid that step entirely.
Practical implications
An undertaking — even a police undertaking — is a court-ordered obligation. Conditions must be understood and followed. Variations require Crown consent or a formal application. Where conditions are unworkable from the outset, counsel should engage immediately to vary or replace them rather than accepting the breach risk.
Related glossary terms
