Published
Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 12, 2026: IRPA s. 58(3), IRPR ss. 45–49 and the IRB’s detention hearing guide checked that day.
Two kinds of bond: a deposit is money paid before release; a guarantee is a promise to pay if the conditions are broken.
Who qualifies: for a guarantee, a Canadian citizen or permanent resident physically present and living in Canada who can make sure the conditions are followed.
Why a lawyer: the bondsperson is questioned at the hearing, and preparation makes a real difference. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
When the Immigration Division orders release from immigration detention, it can set conditions, including the payment of a deposit or the posting of a guarantee (IRPA s. 58(3)). The person who pays the deposit or signs the guarantee is the bondsperson. They are often the most important part of the release plan, because they give the member a reason to believe the conditions will be followed. Before you agree to be one, you should understand what you are promising.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares bondspersons for immigration detention reviews and represents detained people at the hearing; this guide is by Prabhpreet Kaur Sangha.
Deposit or guarantee
| Deposit | Guarantee | |
|---|---|---|
| When money changes hands | Before release | Only if the conditions are broken |
| If the conditions are followed | Returned (IRPR s. 49(3)) | Nothing is paid |
| If the conditions are broken | Forfeited | The guarantee can be enforced |
There is no fixed amount. The member sets it for each case. You must acknowledge in writing that breaking the conditions means the deposit is forfeited or the guarantee enforced (IRPR s. 49(1)).
Who can be a guarantor
Under IRPR s. 47, a guarantor must:
- be a Canadian citizen or permanent resident, physically present and living in Canada;
- be able to make sure the person follows the conditions;
- show evidence that they can pay the amount of the guarantee;
- not have signed another guarantee that is in default, and have the legal capacity to contract.
The factors considered include your relationship to the detained person, your finances, any past guarantees and your criminal record.
What you are asked at the hearing
The IRB asks the detained person to make sure the bondsperson is available during the hearing. The CBSA hearings officer and the member can question you, usually about how well you know the person, where they will live, how you will make sure they report and appear, and your income and savings. Your information can be sent beforehand on the IRB’s bondsperson information form. Hearings are usually by video, so you join remotely.
The conditions you help enforce
Release conditions usually include reporting to CBSA, living at a set address and appearing for any hearing or removal (IRPR s. 48). If the person breaks them, you can lose the deposit or be made to pay the guarantee. CBSA also runs alternatives to detention, such as community case management and supervision for people who need support beyond a bondsperson, and voice reporting.
Why this needs a lawyer
One lawyer, one file, every step:
- advising whether a deposit or a guarantee fits the case;
- preparing the bondsperson’s evidence and the IRB form;
- preparing the bondsperson for the CBSA officer’s and member’s questions;
- presenting the release plan at the detention review.
A bondsperson who is unprepared can sink a release plan. One who understands the conditions, has their documents ready and answers clearly often makes the difference.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a detention decision has to be challenged there. An immigration consultant cannot appear in that court for you.
Mistakes I have seen
- Offering to be a bondsperson without proof of income or savings.
- Not knowing where the person will live or how they will report.
- Treating the bond as a formality. It is a legal obligation to pay if the conditions are broken.
Frequently asked questions
Can I be a bondsperson if I’m on a work permit?
Not for a guarantee. A guarantor must be a Canadian citizen or permanent resident living in Canada.
How much is the bond?
There is no set amount. The member decides based on the case and the bondsperson.
Do I get a deposit back?
Yes, if all the conditions are followed. It is forfeited if they are broken.
What should I do right now?
If you may be the bondsperson, gather your ID, proof of status, and proof of income and savings now, and speak to the detained person’s lawyer before the hearing.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
Sources (official)
- Immigration and Refugee Protection Act, ss. 57–58
- Immigration and Refugee Protection Regulations, ss. 45–49
- Immigration and Refugee Board: Detention review hearings
- CBSA: Alternatives to Detention Program
This article is general information, not legal advice. Every case depends on its own facts.