NWT Rental Officer orders, enforcement and appeals

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Identify the statutory authority, findings, payment or possession terms and any service obligations.

Appeal deadline: 14 days after service

Section 87(1) of the Northwest Territories Residential Tenancies Act generally permits a landlord or tenant affected by a Rental Officer order to start an appeal to a Supreme Court judge within 14 days after being served with the order, by originating notice. Under section 87(2), the appeal notice and a copy must be served on the Rental Officer and the other party at least seven days before the appeal. The court may extend time under section 87(3), but do not assume an extension will be granted. Confirm the correct filing procedure with the Supreme Court registry immediately.

Enforcement and stays

An appeal does not automatically suspend an order: section 88 allows a Supreme Court judge to grant a stay on terms. Under section 86, an unappealed order may be filed in Supreme Court after the appeal period; ordinary orders generally expire for filing after three years, while eviction orders must generally be filed within six months after they take effect. Court enforcement, including possession, requires the prescribed court process, not self-help eviction. Keep the order and proof of the date it was served.

For an eviction order, section 86.1(1) requires more than a copy of the order before a writ of possession issues: the filing must also include an affidavit showing the eviction order was served on the tenant and an affidavit stating that the order has not been obeyed. Section 86.2 assigns enforcement of the writ to the Sheriff. Do not attempt to recover possession by changing locks yourself.