Authorization

  • Only a bailiff or assistant bailiff can carry out a repossession, seizure, or commercial eviction on behalf of another person or business.
  • Bailiffs and assistant bailiffs must identify themselves truthfully and promptly when repossessing or seizing property or carrying out an eviction.
  • Bailiffs, and the assistant bailiffs they employ, can act only in the jurisdiction for which the bailiff is appointed unless the bailiff obtains the prior consent of the ministry or their delegate.
  • Bailiffs and assistant bailiffs cannot engage in the business of a collection agency or be employed by a collection agency.
  • Bailiffs and assistant bailiffs cannot hold a license under the Private Security and Investigative Services Act, 2005, to act, for example, as a private investigator.

No use of force

  • Bailiffs and assistant bailiffs generally cannot use force or the threat of force when carrying out their duties. Under the Repair and Storage Liens Act, if the bailiff is acting under a writ of seizure, they may use reasonable force to enter land and premises in some circumstances.
  • If a debtor refuses to surrender the goods or tells you to leave, bailiffs and assistant bailiffs must immediately disengage as the repossession or seizure is no longer deemed “peaceful”.

Notices

  • Bailiffs and assistant bailiffs generally do not need to provide advance notice before they repossess or seize goods unless it is required under the terms of the debtor’s contract with the creditor.
  • In some circumstances, bailiffs and assistant bailiffs must provide notice to affected parties as required under the various statutes that apply to their duties as a bailiff or assistant bailiff (for example, providing 15 days notice to dispose or sell collateral repossessed or seized under the Personal Property Security Act).

Fees and charges

  • In some cases, the cost of bailiff services (for example, storage fees, towing fees, repossession fees) may be passed along to the debtor or tenant.
  • The Costs of Distress Act and Ontario Regulation 184 under that act prescribe some of the costs that bailiffs and assistant bailiffs are allowed to charge related to a repossession or seizure.
  • Any interested party (e.g., debtor, creditor) can make an assessment application to the local registrar of the court if they do not agree with a bailiff’s fees. Bailiffs and assistant bailiffs must supply the local registrar with a statement of costs and expenses for the assessment. They may also have to testify under oath.

Vehicle repossessions or seizures

  • Only a bailiff or assistant bailiff may repossess or seize a vehicle on behalf of another person. A business (for example, a finance company or a motor vehicle dealer) can repossess or seize a vehicle on its own behalf, including through its employees. It cannot use independent contractors. 
  • A tow truck driver can assist with a repossession or seizure if they are in the presence of a bailiff or assistant bailiff. If a tow truck driver shows up alone, they are not allowed to repossess or seize a vehicle unless they are also appointed as a bailiff or registered as an assistant bailiff.
  • The same rules apply in the case of a “voluntary surrender”, where an individual voluntarily releases their vehicle to the finance company or motor vehicle dealer.
  • Bailiffs and assistant bailiffs must give the debtor access to any personal property in their vehicle. Generally, they cannot charge a fee to retrieve their belongings. They also cannot dispose of any personal property that is inside their vehicle at the time when it was repossessed or seized.
  • If the debtor paid more than two-thirds of their payment obligations under their contract, a court order is needed to execute a repossession or seizure.
  • Bailiff and assistant bailiffs must act responsibly when repossessing or seizing vehicles.

Review the Personal Property Security Act, the Repair and Storage Liens Act, and the Consumer Protection Act, 2002 to learn more about vehicle repossessions and seizures.

Commercial evictions

  • Bailiffs and assistant bailiffs may carry out a commercial eviction on behalf of a commercial landlord for:
    • non-payment of rent
    • other material breaches of contract
  • When dealing with non-payment of rent, a commercial landlord may use a bailiff or assistant bailiff to repossess or seize and sell the tenant’s property (for example, equipment and inventory), that is in or on the commercial property, rather than evicting a commercial tenant.
  • Bailiff or assistant bailiffs must act responsibly when carrying out a commercial eviction.

Refer to the Commercial Tenancies Act to learn more about commercial evictions and distresses.

Advising of changes to the Registrar

You must advise the Registrar in writing within five calendar days of any changes to:

  • your business address
  • directors or shareholders of your corporation
  • addresses of directors or shareholders of your corporation
  • your employment status if you are an assistant bailiff

To advise the Registrar of changes, send an email to CPOLicensing@ontario.ca with the subject line “Bailiffs Act – Changes to Registrant ” and include in your email:

  • your appointment or registration number and details
  • the previous information on file with the ministry
  • the information to be updated
  • the effective date of the change