13 (1) No person shall act as a bailiff or an assistant bailiff, (a)  while an employee of, or engaging in the business of, a collection agency; or (b)  while licensed under the Private Security and Investigative Services Act, 2005. 2004, c. 19, s. 2 (18); 2009, c. 33, Sched. 10, s. 2 (1). Change of business address (2) A person authorized to engage in the business of a bailiff shall notify the Registrar of any change in the address of the place of business. R.S.O. 1990, c. B.2, s. 13 (2). Change respecting director or shareholder (2.1) A corporation authorized to engage in the business of a bailiff shall notify the Registrar of any change in the directors or shareholders of the corporation or their addresses and any change in the director or directors who are actively involved in the day-to-day operations of the corporation as a bailiff. 2004, c. 19, s. 2 (19). Change of employment status (2.2) A person authorized to act as an assistant bailiff shall notify the Registrar of any change of employer and any termination or commencement of his or her employment. 2004, c. 19, s. 2 (19). Time of notice (2.3) Notification of a change under subsection (2), (2.1) or (2.2) shall be made within five days after the change occurs. 2004, c. 19, s. 2 (19). Books of account (3) Every bailiff shall keep and maintain books of account in accordance with accepted principles of double-entry bookkeeping, and shall obtain an audit of his or her books of account and financial transactions annually by a public accountant licensed under the Public Accounting Act, 2004. R.S.O. 1990, c. B.2, s. 13 (3); 2004, c. 8, ss. 46, 47 (1). Financial statement (4) Every bailiff shall furnish the Registrar with a financial statement in such form and at such times as the Registrar requires. R.S.O. 1990, c. B.2, s. 13 (4). (5), (6) Repealed: 2006, c. 34, s. 3 (6). Trust accounts (7) Every bailiff shall maintain an account designated as a trust account in a bank listed in Schedule I or II to the Bank Act (Canada), a credit union, as defined in the Credit Unions and Caisses Populaires Act, 2020 or a registered trust corporation in which he or she shall deposit all money received on behalf of other persons, less any lawful fees or charges, and such money shall be kept and accounted for separately from any other money. R.S.O. 1990, c. B.2, s. 13 (7); 2002, c. 8, Sched. I, s. 1; 2009, c. 33, Sched. 10, s. 2 (2); 2020, c. 36, Sched. 7, s. 295. Accounting for and payment of trust money (8) Before the fifteenth day of each month, every bailiff shall account to the persons entitled thereto for any money received in trust during the previous month and shall pay the money, less lawful fees and charges. R.S.O. 1990, c. B.2, s. 13 (8). Disposition of unclaimed trust money (9) Within six months after a bailiff receives money held under subsection (7), the bailiff shall make every effort to locate the person entitled to the money, and shall pay any money thereafter remaining unclaimed to the Treasurer who may pay the money to any person who satisfies the Treasurer of entitlement to it. R.S.O. 1990, c. B.2, s. 13 (9). Prohibited practices (10) No person who is appointed or registered under this Act shall engage in a practice that is prohibited by the regulations. 2004, c. 19, s. 2 (19). Section Amendments with date in force (d/m/y) 2002, c. 8, Sched. I, s. 1 - 05/01/2005 2004, c. 8, s. 46, Table, 47 (1) - 01/11/2005; 2004, c. 19, s. 2 (18, 19) - 30/11/2004 2006, c. 34, s. 3 (6)
- 01/04/2007 2009, c. 33, Sched. 10, s. 2 (1, 2) - 15/12/2009 2020, c. 36, Sched. 7, s. 295 - 01/03/2022