Notice to Remove Personal Property (Canada)

A Notice to Remove Personal Property in Canada is a legally binding written instrument.

Every Canadian province and territory has legislation governing the handling of abandoned personal property, though the specific requirements vary from province to province. In Ontario, the Residential Tenancies Act, 2006 (S.O. 2006, c. 17), section 41, provides that a landlord may dispose of property left behind by a former tenant after the tenancy has ended, subject to specific conditions and notice requirements. In British Columbia, the Residential Tenancy Act (S.B.C. 2002, c. 78), section 65, establishes a detailed procedure for dealing with abandoned property, including mandatory waiting periods and notice obligations. In Alberta, the Residential Tenancies Act (S.A. 2004, c. R-17.1) addresses similar matters.

Beyond residential tenancy contexts, the common law of bailment applies across all Canadian provinces. A bailee, being a person who holds another's goods, owes a duty of care to the owner and must act reasonably in dealing with the property. This includes providing reasonable written notice before disposing of uncollected goods and making genuine efforts to contact the owner.

Our Canadian Notice to Remove Personal Property template is drafted for use across all provinces and territories and includes a province-specific governing law provision. It covers the essential elements required for a valid notice, including a reasonable collection deadline, storage cost provisions, and a clear statement of the intended disposal method.

The legal framework governing the Notice to Remove Personal Property (Canada) in Canada draws on several key statutes and regulatory bodies. Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. The Canada Revenue Agency (CRA) administers the non-resident property tax and GST/HST on real estate transactions. Parties executing a Notice to Remove Personal Property (Canada) in Canada should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Provincial Real Property Acts sets the foundational requirements.

A Canadian Notice to Remove Personal Property is needed whenever goods belonging to another person have been left on your premises and you wish to obtain a lawful basis to deal with those goods if they remain uncollected. Without serving a proper written notice under your province's applicable legislation, you risk liability for the tort of conversion by selling or disposing of items that belong to someone else.

Common situations where this notice is required include a landlord whose tenant has vacated a rented property but left furniture, clothing, or personal items behind; a business owner whose former employee, contractor, or business partner has left equipment or belongings at the company's premises; a storage operator whose customer has failed to pay rent and has not collected their stored goods; an individual whose former roommate or partner has moved out but left property at the shared residence; and a repair shop holding a vehicle or items that the owner has failed to collect after work has been completed.

In Ontario, the Residential Tenancies Act, 2006 provides specific guidance for landlords. Section 41 permits a landlord to sell, retain, or dispose of property abandoned by a tenant after the tenancy ends, but the landlord must first make reasonable efforts to contact the tenant and give them an opportunity to collect the property. In British Columbia, section 65 of the Residential Tenancy Act requires landlords to store abandoned property for a prescribed period before disposal. Similar provisions exist in other provinces.

The notice is also essential for protecting against future claims. By serving formal written notice and documenting the process, the holder creates evidence of compliance with the duty of care owed under the common law of bailment and applicable provincial statutes.

Parties in Canada should prepare a Notice to Remove Personal Property (Canada) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. The Canada Revenue Agency (CRA) administers the non-resident property tax and GST/HST on real estate transactions. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Canadian Notice to Remove Personal Property must contain several essential elements to be effective and to protect the holder from a claim of wrongful disposal or conversion.

The identification of parties is fundamental. The notice must clearly identify the sender, who is the person holding the goods, and the recipient, who is the owner of the goods. Both parties should be identified by their full legal name and address. The notice should be sent to the owner's last known address, ideally by registered mail or courier with proof of delivery.

A description of the goods is essential. The notice should describe the goods sufficiently to enable the owner to identify them. The description should be as specific as possible, listing individual items by type, colour, quantity, and any distinguishing features. Photographs should also be taken as supporting evidence.

The location of the goods must be specified so that the owner knows where to collect them. Where collection requires access to a secured premises, the notice should explain how the owner can make arrangements for access and provide contact information.

The collection deadline is critical. The notice must give the owner a reasonable period within which to collect the goods. The minimum period varies by province, but providing 14 to 30 days is generally considered reasonable. In British Columbia, landlords may be required to store goods for up to two months depending on value.

Storage charges, if applicable, should be set out in the notice. The amount must be stated, and the date from which charges began to accrue should be identified. The charge must be reasonable under common law bailment principles and applicable provincial legislation such as Ontario's Repair and Storage Liens Act (R.S.O. 1990, c. R.25).

The intended disposal method must be stated. The holder must indicate what will happen to the goods if they are not collected. If goods are sold, the holder must account to the owner for any surplus proceeds. The governing law provision should identify the province whose laws apply.

Additional compliance elements for a Notice to Remove Personal Property (Canada) used in Canada include: Under provincial residential tenancies legislation — including Ontario's Residential Tenancies Act 2006 and British Columbia's Residential Tenancy Act (SBC 2002) — the Landlord and Tenant Board (Ontario) or Residential Tenancy Branch (BC) adjudicates disputes. The Land Title Act governs property registration through provincial land title offices. The Canada Revenue Agency (CRA) administers the non-resident property tax and GST/HST on real estate transactions. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.