AI-assisted research summary: The Act lets a person entitled to possession of wrongfully occupied land apply for an order for possession, and it allows removal of occupants; returning after removal can lead to fines or jail.
1 RECOVERY OF POSSESSION OF LAND c R-7 The Recovery of Possession of Land Act being Chapter R‑7 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1979‑80, c 92; 2016, c 28; 2018, c 42; 2021, c 29; and 2024, c 4. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c R-7 RECOVERY OF POSSESSION OF LAND Table of Contents 1 Short title 2 Application of Act 3 Application for order for possession 4 Execution of order 5 Costs 6 Appeal 7 Penalty 3 RECOVERY OF POSSESSION OF LAND c R-7 CHAPTER R-7 An Act respecting Recovery of Possession of Land wrongfully occupied by Certain Persons Short title 1 This Act may be cited as The Recovery of Possession of Land Act. Application of Act 2 This Act does not apply to overholding tenants. RSS 1978, c R‑7, s 2. Application for order for possession 3(1) If a person refuses or fails to cease using or occupying land that he or she is wrongfully or without lawful authority using or occupying, the person entitled to possession may, on affidavit of the facts, apply without notice to a judge of the Court of King’s Bench sitting at the judicial centre nearest to which the land is situated for an order granting the person entitled to possession leave to serve an application directed to the person in possession and returnable before the judge at the time and place that may be fixed by the order, requiring the person to whom the application is directed to show cause why an order should not be made for his or her removal from the land, and to compel him or her to vacate it, and to cease using or occupying it. (2) It shall be sufficient service of the notice if a copy thereof is left with a grown‑up person found on the land, and another copy is put up in some conspicuous place thereon, or, where no grown‑up person is found on the land, if a copy is put up in two conspicuous places thereon. (3) If the person to whom the notice is addressed does not, as therein directed, show good cause to the contrary, the judge shall, upon request of the applicant, make an order for possession, unless it appears to the judge that the title to land comes bona fide into question, in which case the judge shall refuse to make an order for possession. (4) An order for possession may be directed to the sheriff or a bailiff, constable or any other person and it shall be executed by the person to whom it is directed and delivered for that purpose. RSS 1978, c R‑7, s 3; 1979‑80, c 92, s 84; 2018, c 42, s 46; 2021, c 29, s 9; 2024, c 4, s 32. 4 c R-7 RECOVERY OF POSSESSION OF LAND Execution of order 4(1) The officer or person to whom an order for possession is directed and delivered: (a) shall without delay remove the person named in the order from the land, as well as all members of that person’s family, that person’s employees, servants and labourers and all other persons who, under that person’s authority or direction or permission, are using or occupying the land; and (b) may remove from the land the goods and personal property of any persons mentioned in clause (a) that are located on the land. (2) In executing the order mentioned in subsection (1), the officer or person to whom it is directed has the powers of a peace officer and is entitled, while executing the order, to all the protections to which peace officers are entitled pursuant to the Criminal Code. 2021, c 29, s 9. Costs 5 The judge shall have the same jurisdiction as to costs and otherwise as in matters in court. RSS 1978, c R‑7, s 5. Appeal 6 An appeal from an order or decision made under subsection 3(3) lies to the Court of Appeal. 1979‑80, c 92, s 84. Penalty 7 A person returning to the land, or assuming any right of possession or occupancy or use thereof, after having been removed therefrom under an order for possession, is, on summary conviction, liable to a fine not exceeding $300 or to imprisonment for a term not exceeding six months, or to both fine and imprisonment, in the discretion of the court. RSS 1978, c R‑7, s 7; 1979‑80, c 92, s 84; 2016, c 28, s 20. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024