Although Ontario has several self-help remedies available to creditors under several Provincial Statutes, namely the Personal Property Security Act, the Repair and Storage Liens Act and the Landlord and Tenant Act, the repossession, distress or eviction must be executed within the lawful authority of the Bailiffs Act, R.S.O., 1990. The foregoing Acts allow a creditor or landlord to take action against a debtor or tenant without judicial process, such as Court Order; in other words, a statutory right is available to the creditor, under legislative authority, to self help remedies.

Section 1 of the Bailiffs Act clearly defines a Bailiff as:

A person, who acts, assists any person to act or holds him or herself out as being available to act for or on behalf of any other person in the repossession or seizure of chattels or in any eviction.

Section 3 of the Act also states that:

No person, other than a person authorized to act as a Bailiff under Court process, shall act as a Bailiff unless appointed by the Lieutenant Governor on the recommendation of the Minister.

The only exceptions to the requirement of Bailiffs are:

• In the instance of a debtor delivering the vehicle directly to the creditor himself or herself, which is the only method of voluntary surrender
• An employee of the rental or leasing company taking possession of the vehicle him or herself on behalf of their respective employer, providing that title to the vehicle is reserved by the lessor pursuant to the terms of the contract or ownership in the vehicle
• Any person specifically named to execute a Court Order
• A landlord levying distress or termination on their own behalf

The remedy available to a creditor or landlord and the use of “agents” on their behalf is restricted in Ontario to the provisions of the Bailiffs Act. With the exception of the above noted instances, only a Bailiff appointed by the Lieutenant Governor of Ontario may effect a repossession, distress or eviction. Peaceful possession (without incident or protestation) and no force being employed in executing the process must be observed.