Next Steps for Nunavut Tenants When LTB Orders Aren’t Enforced

Are you a Nunavut tenant frustrated after receiving a decision or order from the Residential Tenancies Officer (RTO)—the territory’s authority on rental disputes—only to have your landlord ignore the ruling? You’re not alone. In Nunavut, residential tenancy disputes are managed differently than in provinces where a Landlord and Tenant Board (LTB) has direct enforcement powers. This article explains your options, rights, and the steps you should take if your order hasn’t been enforced, according to the Nunavut Residential Tenancies Act¹.

Understanding Nunavut’s Rental Dispute System

Unlike some Canadian provinces, Nunavut does not have a separate Landlord and Tenant Board (LTB). Instead, the Office of the Residential Tenancies Officer (RTO) manages all matters related to rental housing, including resolving disputes, issuing orders, and providing information on tenant rights and obligations. The RTO can order landlords or tenants to take actions, such as making repairs or paying money owed. However, it does not have direct enforcement powers—meaning it cannot force your landlord to comply or collect money for you if the landlord refuses to obey the order.

What to Do If Your Order Isn’t Followed

If your landlord ignores an order from the RTO, you have further legal options to enforce your rights. Here are your main steps as a tenant:

• Obtain a certified copy of your RTO order.
• File the order with the Nunavut Court of Justice to have it enforced as a court judgment.
• If the order involves payment of money, you may pursue collection through the civil enforcement process available in Nunavut.

It’s important to follow the proper steps to ensure your claim is enforceable through the courts.

Official Forms and How to Use Them

Nunavut uses a straightforward, form-based system for tenancy matters. Below are the typical forms and their uses:

• Application if an Order or Decision is Ignored: While there is no pre-set government form for enforcing orders, you should:
• Obtain a certified copy of your RTO order by contacting the Office of the Residential Tenancies Officer at the official government website.
• Bring this order to the Nunavut Court of Justice and ask to file it and request enforcement.
• The Court may have forms to complete; speak with the Clerk to understand what’s needed in your case.

For detailed steps, see the "How to Enforce an RTO Order" section below.

Relevant Legislation

The main law for rental housing in Nunavut is the Nunavut Residential Tenancies Act. This legislation explains your rights, how disputes are resolved, and outlines the procedures for RTO orders and enforcement.

Understanding Rights and Responsibilities

Both landlords and tenants in Nunavut have specific rights and obligations. For a comprehensive overview, visit Tenant Rights and Landlord Rights in Nunavut. Ensuring you know the expectations on both sides helps you stand up for your rights and respond appropriately if problems arise.

Other frequent issues tenants face involve routine repairs, paying rent, and the obligations set out in tenancy agreements. For more on common tenant issues and solutions, see Common Issues Tenants Face and How to Resolve Them.

How to Enforce an RTO Order in Nunavut

If your landlord doesn’t follow an official RTO order, here are step-by-step actions you can take:

• Request a certified copy of the RTO order—contact the Office of the Residential Tenancies Officer.
• Visit or call the Nunavut Court of Justice to file the order for enforcement as a judgment.
• Ask the Court Clerk for any required forms or procedures to pursue enforcement or collections.
• If your order includes money owed to you, the Court can advise on garnishment or civil enforcement options.
• Stay organized: keep all copies, receipts, and notes on your efforts for your records.

This process can take time. Being persistent, polite, and prepared with documents will support your case.

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FAQ: Nunavut Tenant Enforcement and Orders

Below are answers to some of the most frequent tenant questions about enforcing RTO orders and rental disputes in Nunavut.

1. What do I do if my landlord ignores an RTO order?
   Obtain a certified copy of the order and file it with the Nunavut Court of Justice for enforcement.
2. Is there a cost to file an RTO order with the Court?
   There may be a small fee; ask the Court Clerk about current filing costs and if fee waivers are available.
3. Can I get legal help with enforcement?
   Yes. Nunavut Legal Aid provides support for eligible tenants. You can also seek help from a legal information clinic.
4. Where can I find information about my rights as a Nunavut tenant?
   The Tenant Rights and Landlord Rights in Nunavut page covers rules, rights, and helpful facts.
5. How long does it take to enforce an RTO order through the Court?
   Timelines vary. Simple money judgments may be enforced quickly; complex matters can take longer.

Summary: What Tenants Should Remember

• The RTO makes decisions, but enforcement—if a landlord ignores the order—requires court action.
• Gather all documents and speak with the Nunavut Court of Justice for next steps.
• Resources and legal aid are available for tenants needing additional support.

Need Help? Resources for Tenants

• Residential Tenancies Officer (RTO) – Nunavut: Official RTO Information (forms, process guides, contact info)
• Nunavut Court of Justice: Court Website (filing and enforcement procedures)
• Legal Aid Nunavut: Legal Aid Services
• For rights and obligations: Tenant Rights and Landlord Rights in Nunavut

1. Nunavut Residential Tenancies Act. View the official legislation here.
2. Government of Nunavut, Department of Economic Development and Transportation—Residential Tenancies Information
3. Nunavut Court of Justice: Official Website