If you decide to become a bond person for an individual in immigration detention, you must be aware that your responsibility is until all immigration matters come to conclude, without any time limitation. You must be careful in giving your guarantee or surety in such situation. Ensure the person you become a bond person for is very well-known to you, and you can influence such person with certainty. – Jennifer
What is the role of a bondsperson?
As a bondsperson, you will be depositing and/or pledging money to ensure that the person in detention will follow all conditions of the release order. You may also consider offering residence to the person in detention. It will be the Member hearing the case who will decide if your offer, along with other conditions, is a suitable alternative to detention. If the person does not obey all the release conditions, the Canada Border Services Agency (CBSA) may keep the money you deposited and/or pledged. If you are aware that the person is not complying with the release order, you must notify the CBSA immediately in order to fulfill your responsibilities as a bondsperson.
What makes a bondsperson suitable?
Bondspersons should be expected to testify during a detention review in order for the Member to assess if you are suitable. Some considerations include, but are not limited to:
- be a Canadian citizen or permanent resident of Canada (if pledging a performance bond)
- be at least 18 years old
- be present and currently residing in Canada
- know the person in detention
- come forward of your own free will
- be willing to pledge your own money
- offer supervision to the person in detention
What is a guarantee?
This is commonly referred to as a performance bond. You will be obliged to pay the money that you pledge if the person does not respect the conditions of his or her release order. The CBSA will assess your capacity to fulfill your commitment. For example, the amount you qualify to pledge will depend on the documented proof you provide to demonstrate your current assets, such as proof of home ownership, or annual income. If you do not have any income or assets, you may not qualify to post a performance bond.
When will my responsibilities as a bondsperson end?
Every case is different; there is no set period of time. As a bondsperson, you are responsible for supervision of the person until his or her immigration matters have concluded. A person’s immigration matters could take only a few weeks, but could take years to conclude. At the end, you will only get your money back if the person you were supervising has complied with all of the conditions of his or her release. If the person breaches any condition of the release order, you are at risk of losing the money you have deposited and/or pledged.
For more information on detention reviews, please see the Detention Review Hearings pamphlet available on the IRB’s web site at http://www.irbcisr. gc.ca/Eng/detention/Pages/detention.aspx
For more information about financial requirements and guarantees, click here