Overview

A bailiff is a person or corporation that acts on behalf of a person to repossess, seize goods, or to evict a commercial tenant. An assistant bailiff carries out their duties under the supervision of a bailiff.

In Ontario, 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 consumer defaults on their payments for that vehicle under a financing agreement with the financial institution.

The law

In Ontario, the Bailiffs Act (or the Act) requires bailiffs to be appointed and assistant bailiffs to be registered. Bailiffs and assistant bailiffs must follow the rules laid out in the Bailiffs Act and its regulations, as well as other applicable law.

Check if a bailiff or assistant bailiff is authorized under the Bailiffs Act

The Ministry of Public and Business Service Delivery and Procurement (MPBSDP or the ministry) is responsible for administering the Bailiffs Act. The Registrar of Bailiffs can take action against a bailiff or assistant bailiff if there is reason to believe they may be violating the Act. For example, the Registrar of Bailiffs may propose to:

  • revoke a bailiff’s appointment
  • suspend or revoke an assistant bailiff’s registration
  • refuse to renew an assistant bailiff’s registration
  • place terms and conditions on a bailiff’s appointment or assistant bailiff’s registration

The Registrar’s proposed action does not take place right away. Once the Registrar sends notice to the bailiff or assistant bailiff, they have the opportunity to appeal to the Licence Appeal Tribunal and have the decision of the Tribunal reviewed by the courts.

Learn more about compliance and enforcement.

How to protect yourself when dealing with a bailiff or assistant bailiff

Bailiff and assistant bailiffs have the following rights when carrying out a repossession, seizure, or commercial eviction:

  • A bailiff or assistant bailiff does not have to give you advance notice before they repossess or seize goods, unless it is required under the terms of your contract with your creditor.
  • Bailiffs and assistant bailiffs may charge you for costs related to their work (for example, storage fees, towing fees, repossession fees). Read the terms and conditions of your contract to see if you will be responsible for any of those costs.
  • If a repossession or seizure takes place, bailiff fees may be added to your outstanding debt/arrears. Ask the creditor for a copy of the bailiff’s invoice.

The following information can help you protect yourself when dealing with a bailiff or assistant bailiff:

  • If asked, a bailiff or assistant bailiff must show proof of their appointment or registration. The ministry does not issue or provide badges or uniforms; it only issues certificates.
  • Only a bailiff or assistant bailiff can carry out a repossession, seizure, or commercial eviction on behalf of another person. However, a business (such as a commercial landlord or a finance company), or their employees, can also carry out these activities. Independent contractors cannot carry out a repossession, seizure, or commercial eviction on a business’ behalf. 
  • You may wish to contact your local police if you are aware of someone other than a bailiff or assistant bailiff is carrying out a repossession, seizure, or commercial eviction on behalf of another person. You can also file a complaint with the ministry.
  • If you have paid more than two-thirds of your payment obligations under a contract, a court order may be needed to execute a repossession or seizure.
  • 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 so, then other rules may apply.
  • Bailiffs and assistant bailiffs must leave if you tell them to. If they don’t leave, you may wish to contact your local police and inform them that the bailiff or assistant bailiff does not have your consent. In these cases, the repossession or seizure is not deemed “peaceful”. Afterwards, you can also file a complaint with the ministry.
  • If you do not agree with the bailiff’s costs, you may request an assessment through the local court registrar where the repossession, seizure, or commercial eviction took place. Contact the Ministry of the Attorney General for more information.

You can file a complaint with the ministry if you believe the Bailiffs Act was contravened. For example, you may wish to make a complaint if a commercial eviction, repossession (including voluntary surrender), or seizure, was carried out by someone other than an appointed bailiff, a registered assistant bailiff, or the landlord or creditor

Who can repossess or seize a vehicle

Only a bailiff or assistant bailiff may repossess or seize your vehicle on behalf of another person. A business (for example, a finance company or a motor vehicle dealer) can repossess or seize your vehicle on their own behalf, including through its employees (but not 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 your 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 you voluntarily release a vehicle to the finance company or motor vehicle dealer.

What to do if your vehicle is repossessed or seized

If you discover your vehicle missing, call your local police to report it missing. If the vehicle was taken by a bailiff or assistant bailiff, the police may have a record of the name and contact number of the party that repossessed or seized it.  

You may have an opportunity to get the vehicle back. Work with the bailiff and creditor to understand your options. Please note that allowing the repossession to proceed may not clear the debt. If the revenue from the auction of the repossessed vehicle is less than the debt owed, you may find yourself facing collections for the balance.  

In some cases, vehicle repossessions can only take place with permission from the court. Under the Consumer Protection Act, if you have paid two-thirds or more of your payment obligations in a financing agreement, the vehicle cannot be seized or resold without leave being obtained from the Ontario Superior Court of Justice. If your vehicle has been seized and you have paid two-thirds or more of your payment obligations, you may wish to contact the creditor or bailiff to confirm whether this leave was obtained.

You have the right to access any personal property in the vehicle. Bailiffs and assistant bailiffs also cannot dispose of any personal property that is inside your vehicle when it was repossessed or seized.  

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) rather than evicting a commercial tenant.

Learn more about renting commercial property in Ontario.

Settling debts

Bailiffs and assistant bailiffs cannot engage in the business of a collection agency or be an employee of a collection agency. This means they cannot obtain or arrange for payment to settle your debts.

If you want to settle a debt to prevent repossession, seizure, or commercial eviction, you should contact the business or person to whom you owe the debt. This could be a commercial landlord, their lawyer, the property manager, a finance company, or a mechanic who performed repairs on your vehicle.

Consumers are responsible for their debt obligations under the contracts they sign.

Steps for filing a complaint­

You can file a complaint with the Ministry of Public and Business Service Delivery and Procurement if you believe a bailiff or assistant bailiff violated the Bailiffs Act and did not act responsibly in their dealings with you.

Filing a complaint will not prevent the repossession or seizure of your property or a commercial eviction. A complaint will however notify the ministry that a bailiff or assistant bailiff may not be acting in a responsible manner.  If necessary, the ministry may begin compliance or enforcement action against the bailiff or assistant bailiff. 

Step 1: Inform the bailiff or assistant bailiff of your complaint

Before filing a complaint with the ministry, you should first advise the bailiff or assistant bailiff of your complaint by email, letter, or phone. It is best to communicate in writing through email or registered mail. If you advise the bailiff or assistant bailiff by telephone, make sure to note the date and details of the conversation. Advising the bailiff first gives the bailiff an opportunity to respond and possibly remedy the issue. It also satisfies a requirement in the Consumer Protection Act that enables the ministry to post a non-compliant business on the Consumer Beware List, should they not respond to inquiries from the ministry.

Make sure your email or letter includes the following information:

  • the name of the bailiff or assistant bailiff
  • where the incident took place (full address and postal code)
  • how your rights were violated:
  • outline the events that took place in sequential order
  • describe any documentation that was produced at the scene
  • the parties in attendance at the repossession, seizure, or commercial eviction – this can include details about any law enforcement who was present
  • photos, videos, written statements by witnesses, and supporting documentation (notices, etc.)

Please ensure that you disclose to the bailiff or assistant bailiff what documents and details you are planning to send to the ministry to support your complaint.

Step 2: Submit a complaint to the ministry

If the bailiff or assistant bailiff does not resolve your complaint to your satisfaction, submit your complaint to the ministry online. If you need an alternate format to submit your complaint, contact us.

Include any supporting documentation such as videos, pictures, and written statements by witnesses. You should also outline any inappropriate conduct or actions by the bailiff or assistant bailiff.

Step 3: After you submit your complaint

After you submit your complaint, the ministry will:

  • in most cases, provide an initial response to you by email, mail, or by telephone within 15 business days
  • review your complaint and all supporting documentation
  • reach out to the bailiff or assistant bailiff for more information

If the Registrar of Bailiffs finds that no rules were broken by the bailiff or assistant bailiff, the ministry will notify you by email, mail, or telephone.

If the registrar believes that the bailiff or assistant bailiff has broken the law, they may consider the severity of the violation and the compliance history of the bailiff or assistant bailiff to determine what action may be taken. Actions may include:

  • issuing written warnings to the bailiff or assistant bailiff
  • proposing terms and conditions on a bailiff’s appointment or assistant bailiff’s registration
  • suspending a registration or revoking a registration or appointment

In all cases where the registrar believes a violation has occurred, any related complaints will form part of the bailiff or assistant bailiff’s compliance history. This status will inform future decisions about administrative or enforcement action against that bailiff or assistant bailiff.

Please note that not every complaint will result in enforcement or administrative action.

Contact Us

Email

Phone

Mail

Ministry of Public and Business Service Delivery and Procurement
Licensing Unit
PO Box 450, 77 Wellesley Street West
Toronto, Ontario M7A 2J6