Section 8

Order of Possession

Sub-Section 8.5

Enforcing an Order of Possession


Legislation


s. 157, The Residential Tenancies Act
Court of Queen’s Bench Rules
The Reciprocal Enforcement of Judgments Act


Definitions

Affidavit: a statement that is written down and sworn to be true. An affidavit is usually made before a notary public or a commissioner of oaths.

Certificate of Judgment: a certification of a judgment or Order issued by Court of Queen’s Bench; can be filed in Land Titles as a lien against property.

Certified Order: an Order certified with a seal. The Branch certifies all orders that landlords and tenants can file and enforce in the Court of Queen’s Bench.

Notice of Garnishment: an Order of the Court of Queen’s Bench used to seize wages or money from accounts in banks or other financial institutions.

Seal: a stamp that certifies an Order.

Writ of Possession: an Order of the Court of Queen’s Bench telling the sheriff to enter and take possession of a rental unit.

Writ of Seizure and Sale: an Order of the Court of Queen’s Bench telling the sheriff to seize belongings to satisfy an Order.


Policy

A landlord who wants to enforce an Order or an Order of Possession must file a certified copy of the Order in the Court of Queen’s Bench. When the Branch issues an Order of Possession, it sets a deadline for filing a certified copy of the Order of Possession in the Court.

On an Order of Possession for non-payment of rent, a landlord has 90 days from the date the Branch orders the tenant to move to file the Order of Possession in the Court. For example: The Branch orders the tenant to move out of the rental unit on or before June 30. The landlord may file a certified copy of the Order of Possession in the Court up to and including September 29.

On an Order of Possession for any other reason, the landlord has 30 days from the date the Branch orders the tenant to move to file the Order of Possession in the Court. For example: The Branch orders the tenant to move out of the rental unit on or before July 15. The landlord may file a certified copy of the Order of Possession in the Court up to and including August 15.

Once the deadline has passed, the Branch will not certify the Order of Possession. If the landlord still wants the tenant to move, the landlord must reapply for an Order of Possession.

In some cases, the Branch issues an Order for the payment of money along with an Order of Possession. There is no time limit on filing the Order for payment in the Court.

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A landlord may file in Court to get:

  • Notice of Garnishment;
  • a Writ of Possession or Seizure;
  • a Certificate of Judgment

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If a landlord their certified Order, they can ask the Branch to replace it. The landlord must complete a form about the missing Order. The Branch then certifies a copy of the Order from its file.

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A landlord may file a certified copy of an Order of Possession in the Court of Queen’s Bench:

  • after the appeal period is over;
  • if the tenant doesn’t file an appeal with the Residential Tenancies Commission; and
  • if the enforcement deadline date has not passed.

If a tenant files an assignment in bankruptcy after the Branch issues an Order and Order of Possession, the Branch can provide certified copies of both Orders. However, the landlord can only file the certified copy of the Order of Possession in the Court. The landlord should contact the Trustee in Bankruptcy to file a proof of claim for the compensation awarded in the other Order.

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In rare cases, the Residential Tenancies Commission may allow an appeal after a landlord or a tenant has filed the Branch's certified Order in the Court of Queen's Bench. If this happens, the Branch’s Order is stayed and can’t be enforced. The Branch would notify the Court not to enforce the Order.

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A landlord or tenant may enforce an Order against someone who lives outside Manitoba. To do this, they register the certified copy of the Order in Court of Queen’s Bench in Manitoba. They ask for a certificate under The Reciprocal Enforcement of Judgments Act. This allows the landlord or tenant to enforce the Order out of province.



Procedure

Overview

When the Branch issues an Order or Order of Possession, an officer certifies the Orders to allow for enforcement in the Court of Queen's Bench.


Steps ▼

1.The officer issues an Order and places a seal on the successful party's copy of the Order. When sending the Order to the successful party, the officer also includes information on how to enforce the Order.


Forms & Form Letters

Notice of Garnishment......................Form 60E, Court of Queen's Bench Rules
Writ of Possession............................Form 60B, Court of Queen's Bench Rules
Wirt of Seizure and Sale....................Form 60A, Court of Queen's Bench Rules


X-Referencing

For details on applying for an Order of Possession, see this section.
For information on a claim for compensation, see Section 9.
For more details on enforcing an Order for payment, see Section 11.


Policy Developed

September, 1992


Last Revision

June, 2015


Other Resources

None


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