In Ontario, if you have the right to repossess or seize property or carry out a commercial eviction, you or your employee must carry it out. In the alternative, you can hire a bailiff. You cannot use an independent contractor or any other third party (e.g., tow truck company or property management company) to do it on your behalf. A bailiff is a person or corporation that acts on behalf of a person to repossess or seize goods or to evict a commercial tenant. They are appointed by the province and often work with registered assistant bailiffs.

The Bailiffs Act requires bailiffs in Ontario to be appointed and assistant bailiffs to be registered.

An appointed bailiff is a person or corporation that acts on behalf of a person or business to repossess or seize goods or to evict a commercial tenant. In the case of a corporate bailiff, at least one director must be appointed as a bailiff, and be actively involved in the day-to-day operations of the corporation as a bailiff. A registered assistant bailiff carries out duties under the supervision of an appointed bailiff.

You can find an appointed bailiff here: Search for a business licence, registration or appointment | ontario.ca

Bailiffs and assistant bailiffs assist with self-help remedies under the following acts:

A self-help remedy refers to when a person can exercise their rights under a law without needing to first obtain a court order. For example, a financial institution may exercise its right to repossess or seize a vehicle if a debtor defaults on their payments for that vehicle under a financing agreement with the financial institution.

This guide explains some rules you must follow as an appointed bailiff or registered assistant bailiff under the Bailiffs Act. You must comply with all the requirements in the Bailiffs Act and its Regulations — not just the ones summarized in this guide.

Contact us if you have questions about this guide.