Section 263.1: The New Intimate Partner Violence Offence

By Robb MacDonald · Updated 27 October 2026

Since 17 July 2026, section 263.1 of the Criminal Code makes it a separate offence to commit any offence in which violence is used, threatened or attempted against an intimate partner. It raises the maximum for the underlying offence by one step: assault goes from five years to ten, assault causing bodily harm from ten to fourteen, and aggravated assault from fourteen to life.

What does section 263.1 say?

Section 263.1 was added by Bill C-225, sometimes called Bailey's Law, a private member's bill that received royal assent on 17 June 2026 (S.C. 2026, c. 12). It came into force 30 days later, on 17 July 2026. It has four parts.

• The offence. Everyone who commits an offence, called the "included offence", in which violence is used, threatened or attempted against their intimate partner commits a separate offence. It is hybrid: the Crown can proceed by indictment or summarily.
• The limit. If the included offence can only be prosecuted summarily, so can the s. 263.1 charge. If it can only be prosecuted by indictment, the same applies.
• The penalty. On indictment, the maximum is one step above the included offence's maximum (the table below sets out the steps).
• Everything else carries over. Any provision that would apply to the included offence, including rules of procedure, orders and consequences, applies to the s. 263.1 charge too.

Two related provisions came with it. Under section 662(5.1), if the Crown proves the included offence but not the intimate partner element, the accused can be found guilty of the included offence alone. And under section 726.11, when someone is found guilty under s. 263.1, the court must endorse on the charging document which included offence was proved.

Who counts as an intimate partner?

Section 2 of the Code says an intimate partner, with respect to a person, includes their current or former spouse, common-law partner and dating partner. Former partners are covered, so a separation does not take a case outside the section. The Code does not define "dating partner" further, so whether a short or casual relationship counts can itself be an issue the Crown has to prove.

Section 263.1 does not cover other family members. Violence against a parent, a child, a sibling or a roommate who is not a partner is still charged as an ordinary offence. Abuse of a family member remains an aggravating factor at sentencing under section 718.2(a)(ii), but the higher maximums in s. 263.1 do not apply.

Which charges does it raise, and by how much?

The section works on any offence in which violence is used, threatened or attempted against a partner. These are the ones that come up most often:

Criminal Code ss. 263.1, 264.1, 266 to 268, 271, 279 and 730. The included offence must involve violence used, threatened or attempted against an intimate partner. A summary conviction carries up to two years less a day. Current to the laws-lois consolidation of 30 September 2026.

The last column is the change most people miss. A discharge under section 730 means a finding of guilt with no conviction entered, and it is not available for an offence punishable by 14 years or life. An assault causing bodily harm charged under s. 267 alone still allows a discharge. The same allegation charged under s. 263.1 and prosecuted by indictment does not. Which section a charge is laid under, and which section any plea is entered under, can decide whether a discharge is possible at all.

How is this different from a domestic assault charge before July?

Before 17 July 2026 there was no offence of domestic violence. An assault on a partner was charged as an assault, and the relationship came in at sentencing as an aggravating factor. Higher maximums did exist, but only for repeat offenders. The old section 718.3(8) let a court exceed the usual maximum, on the same ladder as the new section, only where the accused already had a conviction for intimate partner violence.

Bill C-225 repealed section 718.3(8) and moved the higher maximums into the offence itself. Three things follow.

• The higher maximum applies on a first charge. No prior record is needed.
• The relationship is now an element of the offence. The Crown has to prove it beyond a reasonable doubt, rather than raise it only at sentencing.
• The record says what it was. A conviction under s. 263.1, with the included offence endorsed on it, shows on its face that it was violence against a partner. That matters for any later bail hearing, for immigration and for employment checks.

The section is not retroactive. Section 11(g) of the Charter bars a conviction for an act that was not an offence when it was committed, so conduct before 17 July 2026 can only be charged under the offences that existed at the time.

Does a section 263.1 charge change bail?

The bail rules for partner violence were already strict, and section 263.1(4) carries all of them over. Under section 515:

• the justice must consider whether the charge involves violence against an intimate partner (s. 515(3)(a));
• the accused must show why detention is not justified if they have a prior conviction or discharge for violence against any intimate partner, or were bound by a peace bond taken out on behalf of an intimate partner when the offence allegedly happened (s. 515(6)(b.1));
• the accused also bears the onus where the allegation is that they choked, suffocated or strangled the complainant (s. 515(6)(a)(ix)); and
• a release order on a violent charge must prohibit weapons unless the justice finds that unnecessary (s. 515(4.1)).

Since 15 July 2026, the Bail and Sentencing Reform Act requires an accused in a reverse-onus case to show cause by clearly demonstrating that the proposed release plan addresses the risks. In practice, most people released on a partner violence charge are ordered not to contact the complainant and not to attend the shared home. Our guide to the 2026 bail changes explains what that means for a release plan and a surety.

One consequence is easy to overlook. A peace bond is not a conviction, but if it was entered into on behalf of a partner, any new partner violence charge while it is in force puts the onus on the accused at bail.

What sentence can a section 263.1 conviction bring?

The maximums in the table are ceilings, not starting points. Section 263.1 carries no minimum sentence, so the full range remains open: a discharge where the maximum allows it, probation, a conditional sentence served in the community where the sentence is under two years and the conditions in section 742.1 are met, or jail. Courts in Ontario have long treated violence against a partner as calling for denunciation and deterrence, and section 718.201 requires the court to consider the increased vulnerability of female victims, with particular attention to Indigenous women.

Other consequences come with a finding of guilt:

• A weapons prohibition. On indictment, an order is mandatory under section 109(1)(a.1) for violence against a partner, even on a discharge. Where the Crown proceeds summarily, the court must consider one under section 110, and because a partner was involved it can last for life.
• A recent violent record. A conviction for a violent offence in the previous five years is a deemed aggravating factor (s. 718.2(a)(viii)), and where several offences are sentenced together the court must consider making the sentences consecutive (s. 718.3(4)(b)(iv)).
• Immigration. Under section 36 of the Immigration and Refugee Protection Act, a permanent resident convicted of an offence with a maximum of 10 years or more is inadmissible for serious criminality, whatever the sentence, and a hybrid offence counts as indictable even if the Crown proceeded summarily. A simple assault, with its five-year maximum, did not meet that test unless the sentence was over six months. An assault charged under s. 263.1, with its ten-year maximum, does. Non-citizens should raise their status at the first meeting with a lawyer.

Can a section 263.1 charge still be resolved without a trial?

Often, yes. The routes that existed before July still exist. Ontario's Crown policy is that it will usually be in the public interest to proceed with partner violence charges, and a prosecutor will not withdraw one only because the complainant asks. But a charge can still be withdrawn on a peace bond under section 810, which lasts up to 12 months and is not a conviction. In suitable lower-risk cases, completing the Partner Assault Response program can be part of a resolution. And because s. 263.1 sits on top of an included offence, the section a plea is entered under is now part of what a resolution discussion is about.

Our article on the legal process in assault cases walks through each of those outcomes.

How is a section 263.1 charge defended?

The defence starts with the included offence, because the Crown cannot prove s. 263.1 without it. The usual issues are:

• Self-defence. Under section 34, the court must consider the nature, duration and history of the relationship, including any prior use or threat of force, and any history of interaction or communication between the people involved. In partner cases that history often cuts both ways.
• Credibility and reliability. Many of these cases rest on one person's account. The 911 call, the officers' notes and body-worn camera, the recorded statement and later accounts are compared line by line.
• Corroboration. Whether the injuries, photographs, medical records or messages are what the allegation would predict.
• The relationship. The Crown must prove the complainant was a current or former spouse, common-law partner or dating partner. If it cannot, the higher maximum falls away, though the included offence remains.
• The date. Conduct before 17 July 2026 cannot be charged under s. 263.1.
• The Charter. Breaches of the right to counsel, an unlawful entry into the home or unreasonable delay can lead to the exclusion of evidence or another remedy.

A complainant who later says they do not want to proceed does not end the case. The Crown may still go ahead, sometimes relying on an earlier recorded statement. Contacting a complainant to ask them to change their account is a breach of the usual release order and can lead to new charges. Any communication about the case should go through counsel.

What else changed for partner violence in 2026?

• First-degree murder. Under the new section 231(5.1)(a), the murder of an intimate partner committed during or after a pattern of coercive or controlling conduct is first-degree murder whether or not it was planned. Our murder vs manslaughter explainer covers the new categories.
• Manslaughter. Under section 236(2), the court must consider a life sentence for a manslaughter committed in the same circumstances, with parole ineligibility of 10 to 25 years if life is imposed.
• Coercive control. Parliament has also passed a separate offence of coercion or control of an intimate partner, section 264.01, in the Protecting Victims Act (S.C. 2026, c. 19). It is not yet in force. It takes effect in June 2028 at the latest, or earlier if the federal Cabinet sets a date.

What should you do if you are charged?

Read your release conditions before you leave the station or the courtroom, and follow them exactly, including any condition not to contact the complainant or go to the home. Do not discuss the allegation with police without speaking to a lawyer first, and do not post about it. If you have belongings to collect or children to see, ask your lawyer about a proper variation or a supervised retrieval rather than arranging it yourself.

Robb MacDonald has practised criminal defence for more than twenty years and defends domestic assault charges across the Greater Toronto Area. He earned his J.D. at Queen's University in 2006, was called to the Ontario bar in 2007, and trained under Edward Greenspan QC. Every Ontario lawyer is regulated by the Law Society of Ontario.

Call (416) 315-1505 or email rm@lawintoronto.com. The office is at 130 Spadina Ave. #606, Toronto, ON M5V 2L4, and Robb answers day and night. You can also request a confidential consultation.

This article describes the law as of 27 October 2026. It is general information, not legal advice for a particular case.