Creditors Relief Act

(1) The Sheriff shall not proceed to make a seizure under a writ of execution until the Sheriff has been instructed to do so in writing by or on behalf of the execution creditor.

(2) The Sheriff is not bound to make a seizure under a writ of execution until the Sheriff has been provided with the security that the Sheriff considers reasonably sufficient for indemnity in respect of

(3) Notwithstanding subsection (2), no security is required where the Maintenance Enforcement Administrator instructs the Sheriff to make a seizure under a maintenance order filed with the Sheriff under the Maintenance Orders Enforcement Act.

(1) On the requisite instructions being given and any security required by the Sheriff for his or her indemnity being provided, the Sheriff shall

(2) Where

the Sheriff shall send a notice in writing that he or she has been so instructed to all other persons on whose behalf the Sheriff then has subsisting executions.

(3) The Sheriff shall continue the seizure and all proceedings under the seizure to the extent of the aggregate of all sums payable under all subsisting executions then in the hands of the Sheriff other than those in respect of which the Sheriff has been instructed not to seize, or not to continue seizure, or to discontinue, release or abandon seizure, as the case may be, if a recipient of the notice referred to in subsection (2)

(4) The Sheriff, on receipt of the instructions referred to in subsection (2) to release or abandon the seizure, shall not release or abandon the seizure until the expiration of the 10 days referred to in paragraph (3)(a), unless the Sheriff is instructed in writing to do so by all persons who, at the time of the receipt of the instructions to release or abandon the seizure, had subsisting executions in the hands of the Sheriff.

(5) Where a seizure has been made under a writ of execution, any other creditor who has a subsisting execution in the hands of the Sheriff may, in writing, require the Sheriff to take any proceedings to enforce the executions in the hands of the Sheriff that can be lawfully taken by the Sheriff, and upon that, on provision being made for the fees and expenses and indemnity, if required, of the Sheriff, the Sheriff shall comply with that requirement.

(6) Where the Sheriff has made a seizure under a writ of execution and after the seizure receives any other writ of execution, on being instructed to do so and on being provided with any security required by the Sheriff for his or her indemnity, the Sheriff shall make any further or additional seizure that the Sheriff considers appropriate having regard to the amount of money owing under all the subsisting executions then in the hands of the Sheriff. SNWT 2009,c.12,s.4(3); SNWT 2018,c.15,s.3(2),(3),(4).

(1) Where a garnisheeing creditor files with the Clerk a certificate of the Sheriff in the prescribed form certifying the total amount of the subsisting executions against the debtor in the hands of the Sheriff as at the day on which the garnishee summons is to be issued, the Clerk, at the request of the garnisheeing creditor, shall issue a garnishee summons

(2) A garnishee summons served on the garnishee binds, as of and from the time of service,

or so much of the debt or the wages or salary as is necessary to satisfy the amount set out in the summons together with the costs payable in respect of the summons under the Rules of the Supreme Court.

(2.1) For the purpose of garnishment of wages or salary under paragraph (2)(b), a garnishee summons remains in effect until the earliest of the following occurs:

(2.2) If wages or salary are garnisheed under paragraph (2)(b) and the debtor ceases to be employed by the garnishee while the garnishee summons remains in effect, the garnishee shall give written notice to the Clerk and shall send a copy of the notice to the garnisheeing creditor.

(3) A garnishee summons issued under this section must be in the prescribed form or in the form set out in the Rules of the Supreme Court or the Civil Claims Rules of the Territorial Court. SNWT 2006, c.18,s.1(2); SNWT 2008,c.8,s.5(2); SNWT 2009, c.12,s.4(4); SNWT 2018,c.15,s.3(5); SNWT 2022, c.4,s.3.

(1) Where the Sheriff receives any money from the Clerk

(2) Notwithstanding paragraph (1)(b), where the Sheriff receives money from the Clerk and any person entitled to the money has a priority under section 18, the Sheriff shall pay the money, to the extent of that person’s priority, to that person rather than to the creditors of that person.

(3) Where the Sheriff receives money that is available for distribution among creditors, the Sheriff shall

SNWT 2011,c.16,s.6(5).

(1) Except where it is otherwise specifically provided by this Act and subject to the other provisions of this Act relating to priorities, all money received by the Sheriff in respect of an execution shall be distributed immediately in accordance with the Rules of the Supreme Court after

(2) The distribution of money referred to in subsection (1) shall be made among those creditors of the execution debtor who have subsisting executions in the hands of the Sheriff

(3) The Sheriff may pay the money to an execution creditor or to the solicitor of an execution creditor where the Sheriff is disbursing money received in respect of an execution.

(1) This section applies only to wages and salary due or accruing due whether measured by time, job, price or otherwise.

(2) All persons who

are, subject to subsection (1), entitled to be paid out of the money realized by the Sheriff the amounts mentioned in subsection (3).

(3) The persons referred to in subsection (2) are entitled to be paid out of the money realized

(1) Notwithstanding section 17, arrears of maintenance in an amount not exceeding one year’s maintenance at the current rate of maintenance

regardless of when the enforcement process is issued or served.

(2) Where the arrears under a maintenance order exceed the amount referred to in subsection (1), the creditor under the maintenance order is entitled to a pro rata share with other creditors in any money realized, for the residue of arrears.

(1) Where

that money is not liable to distribution among other execution creditors but shall be applied on the execution under which it was levied.

(2) Where the amount of money referred to in subsection (1) exceeds the amount of the execution debt with costs, the balance in the hands of the Sheriff shall be paid over to the execution debtor.

(3) If the amount of money referred to in subsection (1) is less than the amount of the execution debt with costs, the execution creditor, to the extent of the deficiency, is entitled to share rateably with the other execution creditors in any other money received by the Sheriff under execution against the debtor.

(1) Where a creditor desires to make a claim against a debtor referred to in subsection 20,

must make an affidavit of claim in the prescribed form.

(2) The claimant shall

(3) Where the affidavit of claim and notice are to be served outside the Northwest Territories, a judge by order may fix the time after which the next step may be taken by the claimant as provided in subsections (4) to (7) and in sections 22 to 27.

(4) The claimant must file a duplicate of the affidavit of claim and a copy of the notice with an affidavit of service of the affidavit of claim and notice in the prescribed form with the Clerk and the Sheriff.

(5) Before or at the time of filing the affidavit of claim with the Clerk, there must be filed with the Clerk a certificate of the Sheriff or an affidavit showing

(6) An execution debtor may provide the Sheriff with his or her address for service within the Northwest Territories for notices and other documents, including a fax number and email address if applicable, and the Sheriff shall make an entry of the address in his or her books.

(7) A debtor may serve a notice, paper or other document on the claimant by

SNWT 2011,c.16,s.6(6); SNWT 2018,c.15,s.3(6).

(1) Where a claim made under section 21 is not contested in the manner set out in sections 23 and 24, then, on the application of the claimant and on his or her filing proof of due service of the affidavit of claim and notice, the Clerk shall, after

issue and enter a certificate of judgment in the prescribed form for the amount of the claim and costs.

(2) Where a claim made under section 21 is contested and the dispute is determined wholly or partly in favour of the claimant, the Clerk shall make out and enter the certificate of judgment for the amount, including costs, allowed the claimant.

(3) Where a claim made under section 21 is disputed with regard to a part only, the claimant may elect by document in writing filed with the Clerk to abandon that part and upon that the Clerk shall make out and enter a certificate of judgment for the residue and costs.

(4) Each certificate of judgment made out and entered pursuant to this section is deemed to be a judgment of the Supreme Court and is enforceable in any manner in which a judgment may be enforced. SNWT 2009,c.12,s.4(2); SNWT 2011,c.16,s.6(6).

(1) A claim made under section 21 may be contested by the debtor or by a creditor of the debtor.

(2) Where the debtor contests the claim, the debtor shall file with the Clerk an affidavit stating that the debtor has good defence to the claim or to a specified part of it on the merits, but a judge may dispense with the affidavit on terms or otherwise.

(3) The debtor must file the affidavit referred to in subsection (2)

(4) Where a creditor who has a subsisting execution contests the claim, the creditor must file with the Clerk an affidavit to the effect that the creditor has reason to believe that the debt claimed is not in fact and in good faith due from the debtor to the claimant, but a judge may dispense with the affidavit on terms or otherwise.

(5) Notice that the claim is contested, whether by the debtor or by a creditor, together with a copy of the affidavit, if any, shall be served on the claimant within five days after the affidavit has been filed or after the order has been made by the judge if the affidavit is dispensed with.

(6) The affidavit by a creditor may be filed and a certified copy of it delivered to the Sheriff at any time before the money claimed is distributed, and the Sheriff shall without delay give notice of the receipt of the certified copy to the claimant and all creditors of the debtor who then have subsisting executions. SNWT 2011,c.16,s.6(6); SNWT 2018,c.15,s.3(7).

(7) Repealed, SNWT 2018,c.15,s.3(7).

(8) Repealed, SNWT 2018,c.15,s.3(7).

(1) A judge may, on notice being given to those persons that he or she considers appropriate, proceed to hear and determine in a summary manner the application of a claimant whose claim is contested and for that purpose may

(2) A claimant who has received notice that the claim is contested and does not apply to a judge to hear and determine the contest within 10 days after the receipt of the notice or within a further time that a judge may fix by order either before or after the expiration of 10 days, is deemed to have abandoned his or her claim.

(3) On the application of a creditor, a judge by order may give leave to that creditor to intervene in a contest on the claim if it appears to the judge that a contest on that claim is not being carried on in good faith by any other creditor. SNWT 2009,c.12, s.4(2),(3),(5).

(1) The Clerk, on issuing a certificate of judgment, shall make an entry of it in an appropriate book with the following particulars:

(2) The Clerk shall index the entries referred to in subsection (1) alphabetically in a book under the names of the debtors.

(3) Where the original papers are lost or destroyed, an entry made under this section is deemed to be an entry of final judgment and a copy certified by the Clerk is conclusive proof of that. SNWT 2009, c.12,s.4(2).

(1) Where

the execution creditor shall immediately after that deliver to the Sheriff a notice in writing setting out each payment, satisfaction or agreement, or certified copy of the staying order, as the case may be.

(2) The Sheriff, on the receipt of a notice delivered to the Sheriff under subsection (1), shall enter in the book referred to in subsection 28(1) a memorandum of the notice together with the date of its receipt and shall keep the notice on file.

(1) Where, at the time fixed by this Act for distribution, the money realized is insufficient to pay all claims in full, the Sheriff shall immediately prepare, for examination by the debtor and the creditors of the debtor, a statement setting out the creditors entitled to share in the distribution with the amount due to each for principal, interest and costs.

(2) The statement referred to in subsection (1) must be arranged to show the amount payable to each creditor and the total amount to be distributed.

(3) The Sheriff shall deliver or send a copy of the statement referred to in subsection (1) to the debtor and to each creditor or the creditor’s solicitor, by

SNWT 2018,c.15,s.3(8).

(1) If no objection is made under subsection (3) within 10 days after all the copies of the statement referred to in subsection 32(1) have been delivered or mailed or within a further time that a judge may allow, the statement is deemed to be final and conclusive as between all persons and the Sheriff, and the Sheriff shall make distribution without delay pursuant to the statement.

(2) Where objection is made under subsection (3), the Sheriff shall without delay distribute rateably so much of the money realized and among such persons as will not interfere with the effect of the objection if it should be allowed.

(3) A person affected by the proposed scheme of distribution may contest it by giving, within the time mentioned in subsection (1), a notice in writing to the Sheriff stating his or her objection to the scheme and the grounds of the objection.

(4) The objection is deemed to be abandoned unless the person contesting the scheme of distribution applies within 10 days after giving notice under subsection (3) to a judge for an order adjudicating on the matter in dispute.

(5) The person contesting the scheme of distribution within the time mentioned in subsection (4) shall obtain from a judge an appointment for hearing and determining the matter in dispute.

(6) The person contesting the scheme of distribution shall serve a copy of the appointment and a notice of the objection in the prescribed form, stating the grounds of the objection,

(7) The judge may

and may make an order relating to the costs of the proceedings that the judge considers appropriate.

(8) If a creditor is held to be not entitled or to be entitled to only part of his or her claim,

as the case may be, shall be distributed among the creditors who would have been entitled to it, and in the same manner as it would have been distributed had the claim in respect of it not been made. SNWT 2009, c.12,s.4(2),(3).

(1) A judge may direct the Sheriff to levy for an amount sufficient to cover a claim, or part of a claim, that is in dispute.

(2) Where it appears to a judge that it is improbable that the debtor has other sufficient property, the judge may direct the Sheriff to retain in his or her hands during the contesting of a claim, the share of money in his or her hands that, if the claim is sustained, will be apportionable to the claim or part of the claim.

(3) An order to levy under this section confers on the Sheriff the same authority as the Sheriff has under an execution.

(1) Unless this Act contains an express provision to the contrary, a notice required to be served on a person under this Act may be served by

(2) Receipt of service is deemed to occur

SNWT 2018,c.15,s.3(9).

(1) Subject to the limitations contained in the Territorial Court Act, this Act applies, with such modifications as the circumstances require, to any proceedings in the Territorial Court as if the proceedings were taken in the Supreme Court.

(2) Where proceedings are taken under this Act in the Territorial Court, any reference made to the Clerk or a judge is deemed, subject to the Judicature Act and the Rules of the Supreme Court, to be a reference to the Clerk of the Territorial Court or a territorial judge. SNWT 2009,c.12,s.4(2).

(1) No proceeding under this Act is void for any defect of form, and the Rules of the Supreme Court relating to, amending or otherwise curing irregularities or defects apply to all proceedings under this Act.

(2) Proceedings wrongfully taken under this Act may be set aside by a judge with or without costs as the judge considers appropriate. SNWT 2009, c.12, s.4(3).