Seizures Act

(1) This Act applies to

(2) This Act does not apply to a power of distress

S.N.W.T. 1994, c.8, s.84(3); S.N.W.T. 2007,c.13, s.110; S.N.W.T. 2011,c.16,s.23(2).

(1) A writ of execution binds the goods of the judgment debtor that are situated in the Northwest Territories from the time of delivery of the writ of execution to the Sheriff, but not so as to prejudice

(2) Nothing in paragraph (1)(a) affects an interest in goods acquired in good faith for value by any person under a transaction that was in the ordinary course of business of the judgment debtor, whether or not the writ of execution was registered or the person had notice that the writ had been delivered to the Sheriff and remained in the hands of the Sheriff unsatisfied.

(3) Nothing in subsection (1) affects an interest in goods acquired as consumer goods, as defined in the Personal Property Security Act, by a buyer or lessee who

(4) Subsection (3) does not apply to an interest acquired in

S.N.W.T. 1994,c.8,s.84(4); S.N.W.T. 2011,c.16, s.23(3).

(1) The Sheriff may, by virtue of a writ of execution, seize and sell

(2) Where the Sheriff makes a sale referred to in subsection (1), every equitable or other right, property, estate, interest or equity of redemption that the debtor had or was entitled to at the time of the seizure of it under writ of execution vests in the purchaser. S.N.W.T. 2011,c.16,s.23(4).

(1) The Sheriff may, by virtue of a writ of execution, seize any money or bank notes belonging to a debtor including

as well as cheques, bills of exchange, promissory notes, bonds, mortgages or other securities for money belonging to the person against whom the execution has been issued.

(2) The Sheriff may hold the cheques, bills of exchange, promissory notes, bonds, mortgages or other securities referred to in subsection (1) as security for the amount directed to be levied or so much of that as has not been otherwise levied or raised and

(3) On notice to the debtor, the assignment referred to in paragraph (2)(a) vests in the creditor all the rights that are capable of assignment in respect of the securities.

(4) The transfer by the Sheriff to the creditor of the property mentioned in this section discharges the Sheriff to the extent of the amount due on the property and secured by the property.

(5) Payment to the Sheriff by the person liable under any of the securities mentioned in this section and seized in execution by the Sheriff discharges the person liable from his or her liability in respect of the securities to the extent of the payment.

(6) Subject to the Creditors Relief Act, money realized by the Sheriff under a writ of execution in respect of any of the proper costs, charges, expenses, fees and poundages of the Sheriff, are payable to the person entitled to the money under the Creditors Relief Act to the extent to which the person is so entitled, and any surplus that remains must be paid to the debtor or other person lawfully entitled to receive it.

(7) This section does not apply to the interest of a debtor in a security or security entitlement described in section 6. S.N.W.T. 2009,c.14,s.108(2); S.N.W.T. 2011,c.16,s.23(5).

(1) In this section and sections 7 and 8, "endorsement", "entitlement order", "instruction", "issuer", "securities intermediary", "security" and "security entitlement" have the same meaning as in the Securities Transfer Act.

(2) The interest of a debtor in a security or security entitlement may be seized by the Sheriff in accordance with sections 47 to 51 of the Securities Transfer Act.

(3) If a seizure under subsection (2) is by notice to an issuer or securities intermediary, the seizure becomes effective when the issuer or securities intermediary has had a reasonable opportunity to act on the seizure, having regard to the time and manner of receipt of notice.

(4) Every seizure under subsection (2) and sale made by the Sheriff includes all dividends, distributions, interest and other rights to payment with respect to

(5) After a seizure under subsection (2) becomes effective, the issuer or securities intermediary shall not pay the dividends, distributions or interest or give effect to other rights to payment to or on behalf of anyone except the Sheriff or a person who acquires or takes the security or security entitlement from the Sheriff. S.N.W.T. 2009,c.14,s.108(3).

(1) If a debtor’s interest in a security or security entitlement is seized by the Sheriff,

(2) On seizure of a debtor’s interest in a security or a security entitlement, the Sheriff may

(3) On making or originating an endorsement, instruction or entitlement order as the appropriate person under subsection (1), the Sheriff shall provide the issuer or securities intermediary with a certificate stating that he or she has the authority under this Act to make that endorsement, instruction or entitlement order, and any subsequent endorsements, instructions and entitlement orders, with respect to the same execution debt. S.N.W.T. 2009,c.14,s.108(3).

(1) In this section, "seized security" means the interest of a debtor in a security that is seized.

(2) This section applies if

(3) Subject to subsection (5), if the transfer of seized security is restricted by the terms of the security, the Sheriff is bound by a restriction imposed by the issuer or a unanimous shareholder agreement governed by the laws of the Northwest Territories.

(4) Subject to subsection (5), if a person would otherwise be entitled to acquire or redeem seized security for a predetermined price or at a price fixed by reference to a predetermined formula, that person is entitled to acquire or redeem the security.

(5) On application by the Sheriff or any interested person, if the Supreme Court considers that a restriction on the transfer of seized security or a person’s entitlement to acquire or redeem seized security was made with intent to defeat, hinder, delay or defraud creditors or others, the Court may make any order that the Court considers appropriate regarding the seized security, including an order doing one or more of the following:

(6) The Sheriff may bring an application under section 243 of the Business Corporations Act as if he or she were a complainant within the meaning of that section, whether or not an application is brought under subsection (5).

(7) An application under subsection (5) may be joined with an application for an oppression remedy brought under section 243 of the Business Corporations Act.

(8) Unless otherwise ordered by the Supreme Court under subsection (5), a person who acquires or takes a seized security from the Sheriff is deemed to be a party to any unanimous shareholder agreement regarding the management of the business and affairs of the issuer or the exercise of voting rights attached to the seized security to which the debtor was a party at the time of the seizure, if the unanimous shareholder agreement contains provisions intended to preclude the debtor from transferring the security except to a person who agrees to be a party to that unanimous shareholder agreement.

(9) Notwithstanding subsection (8) and any provision in a unanimous shareholder agreement to the contrary, a person who acquires or takes a seized security from the Sheriff is not liable to make any financial contribution to the corporation or to provide any guarantee or indemnity of the corporation’s debts or obligations. S.N.W.T. 1996,c.19,Sch.,s.11; S.N.W.T. 1998,c.24,s.28(2); S.N.W.T. 2009,c.14, s.108(3).

(1) The Sheriff, where charged with the execution of a writ of execution, may seize under the writ any registered mortgage of or encumbrance on or security interest in lands or chattels of which the debtor is the owner, by delivering a notice in writing of the seizure to the proper officer in the office in which the mortgage or encumbrance is registered.

(2) No mortgage, encumbrance or security interest is affected or charged by a writ of execution until delivery of the notice referred to in subsection (1).

(3) On receipt of a notice referred to in subsection

(1) by the proper officer, that officer shall make an entry of the receipt of the notice in the register or other book in which the mortgage, encumbrance or security interest is registered.

(4) No person who is liable to pay money under a mortgage, encumbrance or security interest seized under this section is affected by the seizure of the mortgage, encumbrance or security interest until

(5) Payments made by the person referred to in subsection (4) to the debtor after service of the notice of the seizure are of no effect as against the Sheriff and the creditor. S.N.W.T. 1994,c.8,s.84(6),(7).

(1) Personal property taken in execution under a writ of execution or by virtue of a power of distress and not specifically referred to in this Act shall, unless a judge of the Supreme Court otherwise orders, be offered for sale by public auction or by tender.

(2) Notice of a public auction or sale by tender must be sent by registered mail to the creditor and debtor at their last known post office addresses at least 14 days before the public auction or sale by tender.

(3) A public notice describing the property to be sold and stating the day, time and place of a public auction or sale by tender must

S.N.W.T. 2011,c.16,s.23(6).

(1) No sale of land shall, unless a judge of the Supreme Court otherwise orders, be made under a writ of execution

(2) No land shall be sold under a writ of execution until after the giving of the notice of the sale by advertising or otherwise that may be directed by a judge of the Supreme Court.

(3) Where at a sale by auction held by the Sheriff of land taken in execution

the Sheriff may adjourn the sale to a date to be subsequently fixed by the Sheriff and either to the same or a different place and, in any other case, notice of the adjourned sale shall be given in the manner set out in section 12.

(4) Where the amount authorized to be made and levied under a writ of execution is made and levied under the writ out of goods and chattels, the person issuing the writ is not entitled to the expenses of any advertising of land under the writ. R.S.N.W.T. 1988, c.8(Supp.),s.248.

(1) No landlord shall distrain for rent on goods and chattels that are the property of any person except the tenant or person who is liable for the rent, although the goods and chattels are found on the premises.

(2) Subsection (1) does not apply

S.N.W.T. 1994,c.8,s.84(8).

(1) The right of a mortgagee of land or his or her assigns to distrain for interest in arrears or principal due on a mortgage is, notwithstanding anything stated to the contrary in the mortgage or in any agreement relating to the mortgage, limited

(2) The Rules of the Supreme Court applicable to interpleader by the Sheriff apply to procedure by the Sheriff under this section.

(3) The right of the Sheriff to interpleader relief under the Rules of the Supreme Court is not affected by the fact that the Sheriff has been provided with any security that the Sheriff is permitted to require under this Act.

(1) No distress shall be made and no levy shall be made under a distress unless the person entitled to cause the distress and levy to be made or his or her duly authorized agent has executed and delivered to a person authorized by this Act to make and levy a distress a proper warrant in that behalf.

(2) No person to whom a distress warrant is delivered for execution is bound to proceed on it unless the person has been provided with the security that the person considers to be reasonably sufficient to indemnify the person in respect of his or her fees, charges and expenses, and any claims for damages in respect of the distress and levy, and anything done in relation to that.

(1) In this section,

"agreement" means an agreement that creates or provides for a purchase money security interest, as defined in the Personal Property Security Act; (contrat)

"creditor" means the person who has a power of distress under an agreement; (créancier) "debtor" means the person who, under an agreement, is liable for the payment of money or the delivery up of goods or chattels, if the payment of the money or the delivery up of the goods or chattels is enforceable by distress or by proceedings in the nature of distress. (débiteur)

(2) At any time after a distress, a creditor may, on the order of a judge of the Supreme Court, examine on oath

before the Clerk of the Supreme Court, or before any other person named in the order, as to the whereabouts of the goods and chattels that comprise the security of the creditor under the agreement.

(3) In an examination under this section, the Rules of the Supreme Court apply, with such modifications as the circumstances require, as if the examination of the debtor under this section were an examination of a judgment debtor under the Rules of the Supreme Court. S.N.W.T. 1994,c.8, s.84(9),(10),(11).

(1) For the purpose of

the person lawfully charged with the execution of the writ of execution or distress warrant may, where it is not possible otherwise to effect the seizure or to obtain possession of the goods previously seized, either by himself or herself or with the assistance of the persons that he or she may request, break open the door of any building, other than a private dwelling-house, in which the goods and chattels liable to seizure are contained, and on the order of a judge of the Supreme Court may similarly break open the door of a private dwelling-house.

(2) Where a building or dwelling-house is broken into under subsection (1), the person so doing shall ensure that the building or dwelling-house is properly secured after possession of goods has been effected.

(1) In this section, "mobile home" means

(2) Where a mobile home is seized under a writ of execution or a distress warrant, if

the creditor, on notice of motion to the occupant, may apply to a judge of the Supreme Court who may make an order directing the occupant to deliver up possession of the mobile home.

(3) The order referred to in subsection (2) must provide that

(4) On there being filed with the Sheriff an affidavit

the Sheriff or the Sheriff’s bailiff shall, with the assistance that he or she may require, proceed without delay to obtain possession of the mobile home as authorized by the order.

(1) In order to effect the seizure of goods or chattels under a writ of execution or by virtue of a power of distress, the person duly authorized to effect the seizure shall

a notice of seizure in the prescribed form and a notice of objection to seizure in the prescribed form.

(2) A seizure made under this Act is deemed to be a continuing seizure

(3) Where, in the opinion of the person authorized to effect a seizure, any particular goods or chattels are not readily distinguishable and identifiable from other similar goods or chattels, the person so authorized may affix to the goods or chattels a sticker in the prescribed form.

(4) The sticker referred to in subsection (3) must

S.N.W.T. 2011,c.16,s.23(7).

(1) The notice of seizure referred to in subsection 23(1) must bear a heading in red letters and larger type than the body of the document, "NOTICE OF SEIZURE OF GOODS", and the names of the debtor and creditor must be inserted in the notice before the seizure is made.

(2) A notice of objection must contain the respective names and, where possible, the addresses of the creditor and debtor and shall be accompanied by a sufficiently stamped envelope addressed to the Sheriff.

(1) Where the Sheriff receives a notice of objection pursuant to section 25, the Sheriff shall immediately notify the creditor and upon that the creditor may apply to a judge of the Supreme Court for an order for the removal and sale or for the removal or the sale of the property seized or any part of it.

(2) Where a creditor applies under subsection (1), the application shall, as far as is reasonably possible, specify and describe the particular property in respect of which the order is sought.

(3) Seven days notice of an application referred to in subsection (1), or such other notice as the judge of the Supreme Court may direct, must be given to the debtor.

(4) Every application referred to in subsection (1) must be dealt with in a summary manner and may be adjourned from time to time.

(1) On the hearing of an application referred to in subsection 27(1), the evidence may be taken either orally or by affidavit as the judge of the Supreme Court may direct, and the judge may

(2) Where the judge orders a sale, the judge may give directions as to the manner, time and place of the sale and any other directions that to the judge seem proper and convenient, and may give leave to any party to bid or submit a tender at the sale.

(3) An order made under this section shall, as far as is reasonably possible, specify and describe the particular property in respect of which the order is made.

(4) Where, on the hearing of an application under this section, it is made to appear that there is a dispute as to

the judge may proceed to hear and determine the dispute in a summary manner on notice to the persons that the judge may direct and on evidence given either orally or by affidavit that the judge considers proper.

(5) No appeal lies from an order of a judge of the Supreme Court under this section or section 27 except where the indebtedness in question exceeds $200. S.NW.T. 1994,c.8,s.84(12).

(1) Where no notice of objection is received by the Sheriff within 14 days after the seizure of goods

(2) Where goods under seizure are delivered into the possession of a creditor for the purposes of sale under paragraph (1)(b), the Sheriff is relieved of all further responsibility in respect of the goods.

(3) Where the creditor makes or effects a sale under paragraph (1)(b), the creditor shall,

(1) Notwithstanding anything in this Act, where the Sheriff

the Sheriff may make the removal and disposition of the goods that the Sheriff considers necessary without an order.

(2) Where any of the goods lawfully seized are of a perishable nature, the Sheriff may sell the goods in any manner that the Sheriff considers proper without an order, and the proceeds of the sale shall take the place of and be dealt with as if the proceeds were the goods so sold.

(1) Where property taken in execution or by virtue of a power of distress is offered for sale by auction or tender and

the Sheriff may adjourn the sale.

(2) Where an adjournment of the sale referred to in subsection (1) is

the Sheriff shall give five days notice of the adjourned sale in the manner set out in section 12.

(3) Where the sale referred to in subsection (1) has been adjourned sine die, the Sheriff shall give notice of the adjourned sale in the manner set out in section 12.

(1) The debtor or any person claiming an interest in goods or chattels seized in execution or by virtue of a power of distress may, at any time after the seizure and before the goods or chattels have been sold, apply to a judge of the Supreme Court, on four days notice to the creditor or other notice to the creditor that the judge may direct, for an order restraining the creditor from proceeding to remove or sell or remove and sell all or any of the goods or chattels seized.

(2) A judge of the Supreme Court may

(1) Except as otherwise provided in this Act, a notice required to be served on a person pursuant to this Act may be served by sending the notice by registered mail to the person at his or her last known post office address.

(2) A notice referred to in subsection (1) is deemed to have been duly served on proof being made by affidavit stating

(3) The date on which a registered letter would, in the ordinary course of mail, reach its destination is deemed to be the date of service of the notice referred to in subsection (1). S.N.W.T. 2011,c.16,s.23(7).

(1) The Creditors Relief Act does not apply to the proceeds of sale of property seized and sold otherwise than under a writ of execution.

(2) Notwithstanding subsection (1), where a chattel has been seized and sold in the exercise of a power of distress to which this Act applies, any surplus money remaining in the hands of the Sheriff after the Sheriff has

is deemed to be the proceeds of property seized and sold under a writ of execution and to have been attached on behalf of all creditors who are entitled by the Creditors Relief Act to share in any money received by the Sheriff by reason of a seizure or attachment.

(3) Subsection (2) does not apply to goods or chattels seized and sold under a power of distress that are exempt from seizure under the Exemptions Act, and the surplus money remaining in the hands of the Sheriff shall be paid to the person from whom the goods or chattels were seized. S.N.W.T. 2011,c.16, s.23(7).

(1) The Sheriff is not under a duty to seize property that is in the possession of a person, other than the debtor, who claims any interest in the property or right to the property unless the creditor

(2) Notwithstanding subsection (1), no bond of indemnity is required where the Maintenance Enforcement Administrator instructs the Sheriff to seize property in order to enforce a maintenance order pursuant to the Maintenance Orders Enforcement Act.

(3) A bond taken by the Sheriff pursuant to this section is assignable to any person, other than the debtor, who claims an interest in the property seized, and must contain a condition that the persons executing the bond are liable for the damages, costs and expenses

(4) Where a difference arises as to the bond to be provided pursuant to this section, the Sheriff shall, on the request of the creditor, refer the matter to a judge of the Supreme Court for determination.

(1) The Sheriff may on his or her own motion apply to a judge of the Supreme Court for direction where the Sheriff has any doubt as to the exercise by the Sheriff of any power, duty or authority conferred or imposed on the Sheriff by this Act.

(2) At any time after a distress, the creditor or debtor may on his or her motion apply to a judge of the Supreme Court for directions with respect to the exercise or intended exercise by the Sheriff of any of the powers or duties conferred on the Sheriff by this Act.

(3) On an application made under subsection (1) or (2), the judge may

make an order giving directions not inconsistent with this Act that the judge considers proper and convenient.

(4) No action or proceeding lies against the Sheriff for anything done under or in conformity with any directions given under subsection (3).

(1) The Sheriff may, at any time after a seizure under a writ of execution or a power of distress has been in effect for six months, serve on

a notice in writing informing each person so served that, on the expiration of a period of 60 days after the date of service of the notice, the Sheriff intends to release the seizure unless before that time application is made to a judge of the Supreme Court for an order continuing the seizure.

(2) The Sheriff may release the seizure where no application is made under subsection (1).

(3) An application referred to in subsection (1) may be made ex parte or on the notice that a judge of the Supreme Court may direct, but in every case the applicant must serve the Sheriff with notice of the application.

(4) A judge may, on hearing the application referred to in subsection (1), make an order providing for the release of or the continuation of the seizure on the terms including costs that the judge considers proper.

(5) For the purposes of subsection (1), the date of service is deemed, where service is made by ordinary mail, to be the date on which the notice would have arrived at the last known address of the person served in the ordinary course of delivery, if the notice is in fact addressed to the last known address of that person and placed in the mail. S.N.W.T. 2011,c.16, s.23(8).

(1) Every person who

is liable to attachment on application to a judge of the Supreme Court and may be proceeded against as for a civil contempt of court.

(2) An application under subsection (1) must be made on notice of motion by the person on whose behalf the goods or chattels were seized by the Sheriff.