Serving Eviction Notices in the Northwest Territories: Section 71 Rules

Serve the Application Package and Prove Service

Proper service of documents is required under NWT tenancy law. For an application, section 71 of the Residential Tenancies Act and section 4 of the Residential Tenancies Regulations (NWT Reg. 052-2010) govern service. The current landlord application form requires the landlord to serve the application package and return proof of service no later than five business days before the hearing.

Four Lawful Methods of Service

Personal delivery — Hand the documents directly to the tenant. If the tenant is absent or evading service and the service address is a residence, section 71(7) allows delivery to an adult who apparently resides with the tenant.

Registered mail — Send by Canada Post registered mail to the tenant's current address, if known, or the mailing address for the rental premises. The document is generally deemed served on the seventh day after mailing; if Canada Post confirms delivery earlier, the Rental Office's hearing information sheet treats it as received on that earlier date.

Fax — Section 71(1)(c) allows fax service if a fax number is provided.

Email — Permitted where the parties have agreed in writing to email service and provided the email address for service. Under section 4 of NWT Reg. 052-2010, email is deemed received three days after transmission unless the recipient confirms receipt earlier.

What Does Not Count as Valid Service

• Regular mail (not registered)
• Text message
• Voicemail
• Posting a note on the door
• Email without written consent to electronic service

Using any of these methods risks having your entire application thrown out. The Rental Officer will not accept informal delivery methods regardless of whether the tenant actually saw the documents.

The Affidavit of Service

For an application package, complete the Proof of Service of Documents form and return it to the Rental Office no later than five business days before the hearing. For an eviction order, the Rental Office prepares an Affidavit of Service on request under its 2025 policy; the policy says it will be provided within two weeks of the request or service of the documents, whichever is later. The proof of service records:

• The exact method of delivery
• The date and time of service
• The address or email used
• Any supporting evidence, such as Canada Post tracking information, an email transmission record, or details of personal delivery

Keep the completed proof of service with your file. The Rental Office prepares the order's affidavit of service for use in the Supreme Court registration package.

Practical Tips

Serve documents early in the notice period to avoid date-calculation problems if registered mail takes longer than expected. If you are unsure whether the tenant has consented to email service, use personal delivery or registered mail — do not gamble on a consent argument at the hearing.

For service templates, date calculation worksheets, and the complete evidence checklist, see our NWT ending a tenancy guide.

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