Applying for an Order of Possession at the ORT: The Landlord's Document Checklist

To apply for an order of possession in Saskatchewan, a landlord files the Office of Residential Tenancies (ORT) landlord application online with a true copy of the notice exactly as served, a Certificate of Service, the $50 fee or a fee waiver application, the written tenancy agreement and, for rent cases, the rent ledger (ORT Rules of Procedure, Part 2).

The ORT may refuse an application that is missing a required component, so this checklist follows the ORT's own list in the Rules of Procedure and The Residential Tenancies Act, 2006. If you are still at the notice stage, start with how to fill in and serve the Immediate Notice to Vacate (Form 7).

What documents does the ORT need for a possession application?

The ORT's Rules of Procedure say a Saskatchewan landlord's application for an order of possession must include each of these:

• ☐ Landlord application, completed in the ORT online portal.
• ☐ A true copy of the notice to vacate, exactly as it was served on each tenant (for example the Immediate Notice to Vacate and Notice of Arrears, or the Notice to Vacate: Cause).
• ☐ Certificate of Service, completed online and on paper, explaining how the notice was served. If you served personally or electronically, every tenant must be served.
• ☐ $50 filing fee, or a completed application for a fee waiver certificate (Regulations s.13(1)). The fee is non-refundable (s.70(2.01)).
• ☐ The written tenancy agreement, if there is one.
• ☐ The rent ledger, if the application is based on arrears or repeated late payment.

An application for eviction in serious circumstances (s.68) or against an overholding tenant does not need a notice or a Certificate of Service before it is filed (Rules of Procedure, Part 2).

What should a landlord check before pressing submit?

Check that the notice itself will hold up, because the hearing officer reads the copy you file. A Saskatchewan landlord's notice must be on the approved form, dated, with the unit address, the effective date and the grounds (s.63).

• ☐ Legal names for every tenant and landlord; a corporation's name must end in Ltd., Inc., Corp. or the full word (Rules of Procedure, Part 2).
• ☐ Service method: personal service, or posting on the front door plus ordinary mail or an electronic copy (s.82(2)(a)).
• ☐ Deemed dates: mail counts as served on the third business day, electronic copies on the next business day (s.82(4)–(5)).
• ☐ Arrears figure: arrears stated on an Immediate Notice to Vacate can be claimed at the possession hearing without a separate monetary claim, and the filing fee may be claimed too.

What happens after the ORT accepts the application?

The ORT schedules possession applications as urgent and sends the landlord a hearing notice, usually by email, which the landlord must serve on the tenant at least two days before the hearing (Rules of Procedure, Parts 3 and 4). Before the hearing, upload a Certificate of Service for the hearing notice and the full notice as served, and serve your evidence on the tenant directly: uploading it to the portal is not service.

If possession is granted, the hearing officer may order a writ directed to the sheriff (s.70(13)). Next steps are in Writ of Possession in Saskatchewan and How Long Does an Eviction Take in Saskatchewan?, and more landlord resources are in the Canadian Landlord Resource Center.

Frequently asked questions

Can I file on paper?

Applications should be made through the online portal. Where an access-to-justice issue is identified, the ORT may allow another method such as a paper form by email, mail or in person (Rules of Procedure, Part 2).

Can I get the $50 back?

The fee is non-refundable (s.70(2.01)), but a hearing officer may order the tenant to reimburse a successful applicant (Regulations s.13(2)).

Can I claim damage at the same hearing?

Arrears on the immediate notice can be claimed at the possession hearing. To claim further damages, file a separate landlord monetary claim (Rules of Procedure, Part 2).