Bailiffs
A bailiff is a person who acts on behalf of a business, or another person, to:
- collect money owed
- seize or repossess property, or
- evict a tenant from a property
There are two types of bailiffs in BC; licensed bailiffs and court-appointed bailiffs. There are different rules for each type of bailiff.
Licensed bailiffs
When bailiffs are not acting on a court order, they are acting as a debt collector and they must be licensed with us and follow the debt collection and consumer protection laws that we oversee.
Read the Debt Collection and Repayment Regulation.
Read the Business Practices and Consumer Protection Act, Part 7.
Court bailiffs
Court bailiffs are appointed by the Attorney General under the Sheriff Act and they are legally authorized to enforce (civil) court orders. Some court bailiffs hold a licence with us, but it is not required to perform court-ordered tasks and we have no oversight over these types of bailiffs.
Looking for information on the debt collection and debt repayment security claim form?
What are the rules for licensed bailiffs?
Licensed bailiffs typically collect money that is owed as a result of a contract. They carry out non-judicial remedies and act without court supervision, but they must follow BC’s debt collection laws. For example:
- Bailiffs must conduct themselves in a professional manner and they are not allowed to communicate in a way that qualifies as harassment (including using threatening, profane, intimidating or coercive language).
- Bailiffs cannot remove personal property from a debtor’s home, without an adult resident of the home present.
- When collecting, or attempting to collect a debt the bailiff is prohibited from supplying any false, or misleading information to the consumer or misrepresenting themselves in any way.
- A bailiff is prohibited from moving property that has been repossessed, seized or distrained more than 100 KM from the location it was seized, repossessed, or distrained unless they received written consent from the debtor or the Director of Consumer Protection BC.
Check to see if a bailiff holds a licence with us.
Read the Business Practices and Consumer Protection Act, Part 7.
Read the Debt Collection and Repayment Regulation.
What are the rules for court-appointed bailiffs?
A person who has received a monetary judgment from a court has the ability to have the judgment enforced (paid) through the courts. The Court Order Enforcement Act sets out the options available to a judgment creditor wanting payment of the order. The judgment creditor can identify the personal property of the debtor and then ask the court for a writ of seizure and sale. This can result in a bailiff seizing and selling the property. Such seizure and sale can only be performed by a court-appointed bailiff. Bailiffs without this appointment cannot perform this type of court-ordered work.
A court-appointed bailiff is likely following the rules under one or more of these laws:
- Rent Distress Act
- Repairers Lien Act
- Warehouse Lien Act
- Personal Property Security Act
We have no authority over these laws, so if you need more information it is best to seek legal advice.
Read our consumer tips on bailiffs.
