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Enforcing an ORT Order

In most cases the person or business ordered to pay money or take a particular action will follow the order of the Office of Residential Tenancies (ORT). If either a landlord or a tenant does not follow the order, the other party can request that the ORT place them on a non-compliance list. As long as the party remains on the non-compliance list, the ORT can refuse to hear other matters for them and decline to make orders involving them. The ORT does not take any other action to enforce the order.

The landlord or tenant is responsible for enforcement of an order. If no one has appealed, and 30 days have passed since the order was made, the individual with the order can take a certified copy of the order to the Registrar of the Court of Queen's Bench. The individual can get a certified copy from the ORT.

The order can then be enforced in the same way as any judgment of the Court of Queen's Bench. The party with the judgment can collect by having the Sheriff seize the other party's assets. Assets could include things such as money in a bank account, wages, or something like a car or boat.

The Sheriff's Office is in charge of the seizure process. The party trying to have the order enforced must pay a fee. The fee will be added to the amount owing under the order and, if collected, can be paid back to the person who paid the fee in the first place. The ORT or the Registrar's Office of the Court of Queen's Bench may provide some basic information about enforcing an order. For more information, see the Saskatchewan Law Courts website.

Sometimes the order requires an action other than the payment of money. For example, the landlord may be ordered to release the tenant's possessions. In such cases the tenant can make a complaint at a police station if the landlord does not follow the order. It is an offence not to follow an order from the ORT. Such a complaint must be made within one year of the date of the order. If the police charge the landlord, the landlord will be required appear in court. The court can sentence the landlord if they are convicted or plead guilty.

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