Soldier Settlement Act (R.S.C. 1927, c. 188)

Short Title

Marginal note:Short title

1 This Act may be cited as the Soldier Settlement Act.

Interpretation

Marginal note:Definitions

2 In this Act, and in any regulations made under it, unless the context otherwise requires, the expression

• (a) agricultural land means land which, in the opinion of the Board, is adaptable for agricultural purposes and the value whereof for any other purpose is not greater than its value for agricultural purposes;

• (b) block means a parcel or parcels of land owned within a settlement area by any person, and whether or not the parcels are contiguous the one to the other, but including only the parcels any part of any one whereof is situated within three miles from any part of another of them;

• (c) Board means the Director of Soldier Settlement;

• (cc) Commissioner of the Board means the Director of Soldier Settlement;

• (d) Court means the Federal Court of Canada;

• (e) district superintendent means a person appointed as such by the Board;

• (f) Dominion lands means any lands owned or held by the Dominion of Canada, excepting Indian or School Lands;

• (g) former Act means The Soldier Settlement Act, 1917;

• (h) gazetted means published in the Canada Gazette;

• (i) land or lands includes granted or ungranted, Dominion, provincial or private lands, and real or immovable property, messuages, lands, tenements and hereditaments of any tenure, and real rights, easements and servitudes, streams, watercourses, waters, roads and ways, and all rights or interests in, or over, or arising out of, and all charges upon, land or lands as herein defined;

• (j) military and military forces include “naval” and “naval forces”;

• (k) Minister means the Minister of Veterans Affairs;

• (l) owner includes a person holding private land in fee simple, and a person who, being trustee, executor, administrator, life tenant, mortgagee or otherwise, has the legal power to will or convey, whether with or without the consent or approval of a court or of any person having any estate or interest, such land to be held in fee simple or by a person as the owner thereof;

• (m) permanent improvements and improvements includes buildings;

• (n) private land means any land which has been alienated by the Crown;

• (o) property includes land, as herein defined, and goods, chattels real and personal, and personal or movable property, and all rights or interests in, or over, or arising out of, and all charges upon, property as herein defined;

• (p) Registrar of Deeds or Registrar includes the registrar of land titles, or other officer, with whom, according to the law of a province, title to land is registered;

• (q) Registry of Deeds or other words descriptive of the office of a registrar of deeds, includes the land titles office, or other office in which, according to the law of a province, title to land is registered;

• (r) settlement area means an area of land in any part of Canada, so designated, and defined as this Act requires by the Board, within which the Board exercises or proposes to exercise, its power of compulsorily purchasing lands;

• (s) settler to mean male member only of certain military forces means a person who at any time during the war has been therein engaged on active service in a military force

  • (i) of Canada and has served out of Canada; or wherever he may have served, is, by reason of disability incurred or aggravated as the result of such service, in receipt of a pension, or

  • (ii) of His Majesty or of any of His Majesty’s Allies and, being ordinarily resident in Canada when he enlisted in or otherwise became a member of such force, has served thereafter out of Canada, in a theatre of actual war, or

  • (iii) of His Majesty or of any British Dominion or Colony and has served out of the country wherein he enlisted or otherwise became a member of such force in a theatre of actual war;

  and has been otherwise than dishonourably discharged from such force, or has been permitted honourably to resign or retire therefrom, or, without fault on his part, has been dispensed from further service therein; and the widow of any person who died on active service and who, but for his death, might be a settler as now defined, shall be capable of being a settler in her deceased husband’s right: Provided that, notwithstanding anything in this Act, settlers of the class numbered (iii) in this definition may be required by the Board to provide a larger cash down payment in case of purchase of property from the Board or to provide greater or other security in case of an advance or loan received from the Board, than is by this Act authorized or required with respect to settlers generally; Provided further that the word “settler” as applicable to the class of persons numbered (iii) in this definition shall be deemed to include male settlers only; (settler to mean male member only of certain military forces)

• (t) soldier grant means a free entry on Dominion lands, granted by the Minister to a settler recommended by the Board;

• (u) special settler means a settler as defined in this section, who, in the opinion of the Board, has had adequate and successful farming experience in Canada, and who is possessed of qualifications or equipment which, in the opinion of the Board, specially fit him for success as a farmer;

• (v) standard date means the first day of October in Manitoba and the provinces west thereof, and the first day of November in the provinces east of Manitoba;

• (w) this Act and Act and former Act includes regulations lawfully made thereunder;

• (x) the war means the war declared by His Majesty on the fourth day of August, one thousand nine hundred and fourteen, against the Empire of Germany and, subsequently, against other powers.

PART I

Constitutions of the Board

Marginal note:The Director of Soldier Settlement

• 3 (1) The person who from time to time holds the office of the Deputy Minister of Veterans Affairs or such person as the Deputy Minister may designate is, by virtue of holding that office or by virtue of that designation, as the case may be, the Director of Soldier Settlement.

• Marginal note:Powers of Director Transportation

  (2) The Director of Soldier Settlement shall have and exercise all the powers and authority heretofore vested in the Soldier Settlement Board, and shall have and be accorded the same rights or privileges as to transportation free or at reduced rates upon railways as are from time to time enjoyed by a deputy head of a department.

• Marginal note:Salary

  (3) There shall be paid monthly to the Director of Soldier Settlement such salary and at such rate per annum as the Governor in Council shall fix and allow.

• Marginal note:Reference to the Board deemed a reference to the Director

  (4) In this Act and in any regulations made under it, unless the context otherwise requires, any reference to the Board or to any Commissioner of the Board shall be deemed to be a reference to the Director of Soldier Settlement.

• (5) [Repealed, 2000, c. 34, s. 47]

Corporate Powers of the Board

Marginal note:Director to be a corporation sole and agent of Crown in right of Canada

• 4 (1) For the purposes of acquiring, holding, conveying and transferring and of agreeing to convey, acquire or transfer any of the property which he is by this Act authorized to acquire, hold, convey, transfer, agree to convey or agree to transfer, but for such purposes only the Director of Soldier Settlement shall be a corporation sole and as such the agent of the Crown in the right of the Dominion of Canada, except as hereinafter provided.

• Marginal note:Property to vest in the Director Director not subject to enactment respecting corporations

  (2) All property acquired for any of the purposes of this Act shall vest in the Director of Soldier Settlement as such corporation sole; but these provisions shall not in anywise restrict, impair or affect the powers conferred upon the Director of Soldier Settlement generally by this Act nor subject him to the provisions of any enactment of the Dominion or of any province respecting corporations.

• Marginal note:Seal of Director

  (3) The Director of Soldier Settlement in his corporate capacity shall have an impress seal inscribed with the words “The Director of Soldier Settlement of Canada” and showing the coat of arms of Canada.

• Marginal note:Execution of documents Evidence

  (4) All documents which require execution by the Director of Soldier Settlement in his corporate capacity shall be deemed validly executed if the said seal is affixed and the name of the Director of Soldier Settlement is signed thereto, the whole in the presence of one other person who has subscribed his name as witness; and every document which purports to have been impressed with the seal of the Soldier Settlement Board and sealed and signed in the presence of a witness by a commissioner on behalf of the said Board or which purports to be impressed with the seal of the Director of Soldier Settlement and to be sealed and signed in the presence of a witness by the Director of Soldier Settlement shall be admissible in evidence in all courts in Canada without proof of any such seal or of such sealing or signing.

• Marginal note:Land deemed to be held by Director as corporation sole

  (5) Any land vested in the Director of Soldier Settlement in respect of which an assessment has been duly made by a taxing authority at any time since the first day of January, 1933, is hereby declared for the purpose of recourse to the land itself for realization for taxes based upon such assessment and for such purpose only to be and from the said first day of January, 1933, to have been held by the said Director of Soldier Settlement as such corporation sole and not as an agent of the Crown in the right of the Dominion of Canada.

Marginal note:Officers, clerks and employees

• 5  The Board may, from time to time, subject to the provisions of the Civil Service Act, attach to its service such officers, instructors, clerks, stenographers and other employees as the execution of the purposes of this Act may require, and at such salaries as the Governor in Council may approve.

• Marginal note:Tenure of office

  2. All such appointees shall hold office during the pleasure of the Board and shall perform such duties and functions as the Board shall prescribe.

• Marginal note:Certain officers deemed to be permanent employees R.S., c. 22

  (3) Any officer, instructor, clerk, stenographer or other employee attached on the first day of July, 1935, to the service of the Director of Soldier Settlement whose position is in a report in writing of the Director of Soldier Settlement certified to be of indeterminate duration and who upon the recommendation of the Treasury Board is designated by the Governor in Council shall, notwithstanding anything contained in the Civil Service Act, be deemed to be a permanent employee and shall upon such designation become subject in all respects to the Civil Service Act.

Reservation and Acquirement of Lands and Other Property

Marginal note:Minister may reserve and transfer lands to Board

• 6  The Minister may, at the request of the Board, for the execution of any of the purposes of this Act, reserve, or, with the approval of the Governor in Council, transfer, to the Board, any Dominion lands which are under the Minister’s administration.

• Marginal note:Lapse of reservation

  2. Any reservation of lands made pursuant to this section shall lapse and become determined whenever the Minister shall, before transfer made to the Board, so direct.

Marginal note:Board may acquire lands and other property by agreement

7 The Board may, for the execution of any of the purposes of this Act,

• (a) purchase by agreement, at prices which to it shall seem reasonable; or

• (b) in any other manner acquire by consent or agreement, from all persons, firms and corporations;

such agricultural land, situate in any part of Canada, and such live stock, farm equipment and building materials as it may deem necessary.

Marginal note:Compulsory purchase

8 The Board may, for the execution of any of the purposes of this Act, acquire by way of compulsory purchase, in the manner provided by Part III of this Act, from all persons, firms, and corporations, such agricultural land as it may deem necessary.

Marginal note:Arrangements with provincial governments to acquire agricultural lands

9 The Board may, with the approval of the Governor in Council, arrange with the Government of any province

• (a) for the acquiring or utilizing for any of the purposes of this Act of any Crown or other agricultural lands of such province; and

• (b) the terms and conditions upon which the Board will acquire, hold and dispose of or will utilize such lands, or upon which it will assist settlers to whom such province itself shall grant or convey any of such lands, such terms and conditions to be, as nearly as possible, the same as those which are by or under this Act provided with respect to settlers to whom the Board shall sell lands acquired by it.

Marginal note:Indian lands

10 The Board may acquire from His Majesty by purchase, upon terms not inconsistent with those of the release or surrender, any Indian lands which, under the Indian Act, have been validly released or surrendered.

Marginal note:School lands

• 11  Notwithstanding anything in the Dominion Lands Act having reference to school lands, the Governor in Council may, for such price as two arbitrators, one thereof appointed by the Minister and the other by the Government of the province concerned, shall in writing certify to the Minister as fair and reasonable, grant or convey to the Board any school lands held pursuant to the provisions of that Act.

• Marginal note:Application of amount paid

  2. The amount payable by the Board for the acquirement of such lands shall be applied as if received as the proceeds of a sale of the same lands made pursuant to the provisions of the Dominion Lands Act.

Marginal note:Valuation of land purchased not to be enhanced because value increased by settlement

12 The valuation of any land purchased or proposed to be purchased by the Board, whether by agreement or compulsorily, shall not be enhanced merely because its value has, by reason or in consequence of settlement or settlement operations in the vicinity thereof in execution of any of the purposes of this Act, become enhanced; and, in the absence of satisfactory proof to a contrary effect, any enhancement in the value of the land which has ensued subsequent to such settlement or settlement operations shall be deemed to have ensued by reason or in consequence of such settlement or settlement operations, and the value of the land at the time of its purchase by the Board shall be deemed not greater than its value prior to such settlement or settlement operations.

Marginal note:Tenants, guardians executors, trustees, etc., may sell to Board

• 13  Any tenant in tail or for life, grevé de substitution, seigneur, guardian, tutor, curator, committee, executor, administrator, trustee, master or person, not only for and on behalf of himself, his heirs, successors, and assigns, but also for and on behalf of those whom he represents, whether infants, issue unborn, lunatics, idiots, married women, or other persons, seized, possessed, or interested in any land or other property, may contract and agree with the Board for the sale of the whole or any part thereof, and may convey the same to the Board; and may also contract and agree with the Board as to the amount of compensation to be paid for any such land or property and give acquittance therefor.

• Marginal note:Persons under disability

  2. In any case in which there is no guardian or other person to represent any person under any disability, the Court may, on the application of the Board after due notice to the persons interested, appoint a guardian or person to represent for the purposes hereof such person so under such disability, with authority to give such acquittance.

• Marginal note:Application of compensation money

  3. The Court in making any order in this section mentioned shall give such directions as to the disposal, application or investment of such compensation money as it deems necessary to secure the interest of all persons interested therein.

• Marginal note:Validity of contracts hereunder

  4. Any contract or agreement made hereunder, or any conveyance or other instrument made or given in pursuance of such contract or agreement shall be good and valid to all intents and purposes whatsoever.

• Marginal note:Binding for six months on owner

  5. Every such contract or agreement shall be binding on the owner and on all who may take or claim through or under him, for six months from the date of the contract or agreement, although such land has in the meantime devolved upon or been conveyed or assigned to a third person.

• Marginal note:Registration unnecessary to preserve right of Board

  6. No surrender, conveyance, mortgage, charge, agreement or award under this Act shall require registration or enrolment to preserve the right of the Board under it, but the same may be registered in the Registry of Deeds for the place where the land lies, if the Board deems it advisable.

• Marginal note:Application of section

  7. This section shall apply to all Parts of this Act.

Agricultural Training

Marginal note:Training and instruction in agriculture and economics, and allowances to settlers for same

14 The Board may, with the approval of the Governor in Council, make provision for

• (a) the placing of settlers with farmers for instruction in farming;

• (b) the establishment of agricultural training stations for settlers;

• (c) the supply of instructors and inspectors to visit and assist settlers with information and instruction in farming;

• (d) the training in home economics of the wives and female dependents of settlers; and

• (e) the payment of subsistence allowances to settlers, for themselves and their dependents, while such settlers are in receipt of such instruction or training.

Soldier Grants

Marginal note:Free soldier grants

• 15  The Minister may issue, free, to any settler a soldier grant for not more than one quarter section, of one hundred and sixty acres, more or less, of lands reserved pursuant to section six of this Act.

• Marginal note:To whom grants not to be accorded

  2. Unless the Board shall, for special reasons, otherwise recommend, no such free grant shall be made to any settler who

  • (a) has, pursuant to the provisions of this Act, purchased from the Board any land, or

  • (b) has, pursuant to the provisions of this or of the former Act, secured from the Board any advance of money for the clearing of encumbrances on, or the purchase of, or the improvement of, any land, or

  • (c) is owner of or has a vested, possessory interest in, agricultural land of such area as, in the opinion of the Board, constitutes an average farm for the district within which the land is situate, or which, in the opinion of the Board, is of the value of five thousand dollars.

• Marginal note:Conditions provided by Governor in Council

  3. The Governor in Council may provide, as respects such free grants, such conditions of improvement and occupation as he deems necessary to secure the use of the land for the purposes for which it is granted.

PART IISales and Advances to Settlers

Sales of Land

Marginal note:Conditions of sale and conveyance of lands by Board to settlers

16 The Board may sell, or dispose of, and, upon full payment made, may convey, to settlers, any lands granted, conveyed or transferred to or acquired by it, or which it may have power to sell or dispose of, but subject in every case of sale of lands acquired by purchase, whether by agreement or compulsorily, to the following provisions: —

• (a) where the parcel to be sold has been separately acquired the sale price shall be the cost of the parcel to the Board;

• (b) where the parcel to be sold has been acquired as portion of one or more other parcels the sale price shall be such amount as, in the opinion of the Board, bears the same proportion of the cost of the entire parcel or parcels so acquired as the value of the parcel to be sold bears to the value of the parcel or parcels so acquired;

• (c) the terms of payment shall be all cash down, or, at the option of the settler, not less than ten per centum cash down and the balance payable in twenty-five or less equal, consecutive, annual instalments, with interest at five per centum per annum, on the amortization plan, with full privilege of prepayment: provided that the Board may, in the case of a special settler, dispense the settler from the making of the whole or any part of the cash down payment, in which case the full or the remaining portion of the sale price shall be paid, in manner hereinbefore provided with respect to a balance of such price, by instalments;

• (d) no sale shall be made of a larger area than three hundred and twenty acres, unless, in the opinion of the Board, owing to the character of the land, such acreage will not be adequate to enable successful farming operations, nor, except in the case of a settler who is within the terms of the proviso in the next preceding paragraph of this section, shall the balance of sale price left unpaid to the Board at the time of sale exceed four thousand five hundred dollars, nor in the excepted case shall the balance or amount left unpaid exceed five thousand dollars.

Marginal note:Calculation of price by Board

• 17  The Board shall calculate in each case of sale the price at which any land may be sold under the provisions of this Act.

• Marginal note:Improvements to be considered

  2. In calculating the cost to the Board of any land, the Board shall take into consideration not only the cost of the land but also the cost of improvements, if any, effected or to be effected by the Board.

Sales of Stock and Equipment

Marginal note:Conditions as to payment of price and balances on sale of live stock and equipment by Board to settler

• 18  The Board may sell to settlers any live stock or equipment acquired under authority of this Act, but subject in every case of sale to the following provisions: —

  • (a) the sale price shall be such sum as, according to the calculations of the Board, is the cost to it of the live stock or equipment to be sold;

  • (b) the terms of payment shall be all cash down, or, at the option of the settler, payment in four equal, consecutive, annual instalments, commencing not later than three years from the date of the sale, with interest at five per centum per annum, on the amortization plan, said interest to begin to accrue two years from the date of the sale; the amount owing to the Board upon such sale shall by force of this Act constitute a first charge on any land purchased by the settler from the Board and, as well, on the settler’s own land, if any, and, cumulatively, the title, ownership and right of possession of the live stock, and of the increase thereof, and of the equipment so sold, shall, until the sale price thereof is paid, remain in the Board; the settler to have full privilege of prepayment;

  • (c) the balance of sale price left unpaid to the Board at the time of sale shall not exceed two thousand dollars.

• Marginal note:Limitation as to balance of sale price left unpaid to Board

  2. In addition to any assistance which a settler, as defined in the former Act, holding any entry on Dominion lands, may have secured or may secure by virtue of the provisions of that Act, the Board may sell to such settler live stock and equipment on the terms of payment set out in this section, save that the balance of sale price left unpaid to the Board shall not exceed one thousand dollars, all other provisions of this Act relating to sales of live stock and equipment made to settlers being deemed to refer and apply mutatis mutandis to any such sale of live stock and equipment, whether such sale is or was made under authority of this subsection or by virtue of the provisions of any Order in Council passed before the seventh day of July, one thousand nine hundred and nineteen, but so that the total made by

  • (a) the advances of the Board to the settler in any connection under authority of this Act; and

  • (b) the amounts, exclusive of interest, due by him to the Board as the result of any sale made under authority of this subsection, shall not exceed three thousand dollars.

Advances for Improvements

Marginal note:Advances by Board to settler for improvements not to exceed $1,000

• 19  The Board may from time to time advance to any settler to provide, or for application to, permanent improvements on the land of the settler or on the land sold to him by the Board, amounts in money or its equivalent not exceeding in the aggregate one thousand dollars, inclusive of the cost price to the Board of building or other materials supplied by it.

• Marginal note:Advances to constitute first charge

  2. Such advances shall by force of this Act constitute a first charge on the land of the settler or on the land sold to him by the Board and shall be repayable in twenty-five or less equal, consecutive, annual instalments, with interest at five per centum per annum, on the amortization plan, with full privilege of repayment.

• Marginal note:Supervision of Board

  3. Every such advance shall be expended under the supervision of the Board.

Terms of Disposition of Property

Marginal note:Dominion, Indian and school lands to be dealt with as if they were private lands

20 Subject to the provisions of section fifteen of this Act as to soldier grants of Dominion lands, the Board shall deal with and dispose of all Dominion lands, Indian lands or school lands granted or otherwise conveyed or transferred to it pursuant to sections six, ten and eleven of this Act as nearly as may be as if such lands were private lands acquired by it by way of purchase, but the sale price of such lands shall be such as is approved by the Governor in Council.

Marginal note:No sale of land by Board at less than purchase price

• 21  No land which has been acquired or reacquired by the Board, whether by purchase, or by retaking because of default or otherwise, shall be sold or resold by the Board at a price less than the cost to it thereof, calculated as in section seventeen of this Act provided, unless with the approval of the Governor in Council.

• Marginal note:Board to report to Minister if conditions of sale not satisfactory

  2. If the Board determines that the whole or any part of any land or other property purchased by it cannot or ought not to be sold subject, whether as to sale price or otherwise, to the provisions of sections sixteen to eighteen inclusive of this Act, it shall report to the Minister the circumstances, with a statement of the cost to it of such property or of such part thereof and shall recommend another sale price, or other terms of sale, as the case may be, whereafter any sale of such property or of such part thereof shall be made for such sale price, or upon such other terms, as the Governor in Council may direct.

Marginal note:Transfer of lands to province or municipality

21A The Governor in Council may transfer to the province, or the Director of Soldier Settlement with the approval of the Governor in Council may transfer to the municipality in which such land is situate, the interest of the Director of Soldier Settlement in any land which for a period of two years immediately preceding such transfer has not been the subject of a contract of sale.

Resale upon Default

Marginal note:Terms of sale set forth in agreement binding

• 22  All sales of property made pursuant to the provisions of this Act and whereon any balance of the sale price shall remain payable by instalments or otherwise, shall be evidenced by agreement of sale, which shall fully set forth the terms of sale.

• Marginal note:Board may rescind agreement on default of settler

  2. If any instalment mentioned in any such agreement of sale is not punctually made or if the settler makes any other default in performance of the terms of such agreement, the Board may without any formal re-entry or retaking and without resort to proceedings in equity or at law, rescind such agreement and resell or otherwise deal with the property as authorized by this Act.

• Marginal note:Rescission vests property in Board

  3. The effect of such rescission shall be to vest such property in the Board absolutely free and discharged of all rights and claims of the settler, and of all persons claiming or entitled to claim through or under him, for any estate in, or lien, charge or encumbrance upon or against such property.

• Marginal note:Surplus of resale paid to settler; deficiency paid by settler

  4. If and when such property is resold by the Board, any surplus remains in its hands beyond the amount owing to it as balance of the sale price and interest at five per centum per annum and expenses of taking over and reselling the property, the Board shall pay such surplus to the settler; but if, instead, a deficiency arises, that deficiency shall be paid by the settler to the Board, which shall have a right of action against him therefor.

• Marginal note:Board may order payment of the surplus to credit of the Assurance Fund

  5. In the case of a settler who has not, in the opinion of the Board, established an equitable claim to such surplus by having taken possession of the land affected and by effecting improvements thereon or otherwise, or who has abandoned the property without notice, the Board may pay the surplus, or, in the discretion of the Board, that part of the surplus in excess of the initial payment made by the settler, to the Receiver General to the credit of the Soldier Land Settlement Assurance Fund.

• Marginal note:Notice by Board to settler

  6. Before exercising as against land the rights by this section given, the Board shall give to the settler notice of its intention so to do, which notice shall be deemed duly given if mailed in any post office by registered letter addressed to the settler at his last address known to the Board thirty clear days before the Board acts hereunder.

• Marginal note:Agreement of sale rescinded Settler may be reinstated

  (7) In the case of any land the title to which may pass by virtue of subsection five of section four of this Act from the Director of Soldier Settlement by reason of any action or proceeding at the instance of a taxing authority, the agreement of sale shall forthwith upon due publication by the taxing authority of any notice of sale of the said land for arrears of taxes be rescinded as fully and with the same effect as if such agreement had been duly rescinded by the Director of Soldier Settlement, but the settler shall be reinstated in such rights with respect to the land as he had prior to the rescission of his agreement upon due payment by him to the Director of Soldier Settlement of the moneys necessary to effect redemption of the land or upon the production by him to the Director of Soldier Settlement of a certificate of redemption duly completed in respect of such land.

Marginal note:Disposal of property by Board in case of rescission

23 In the event of the rescission of any contract or agreement by the Board it may, subject to the provisions of section twenty-one, in order to recoup itself for its expenditures in connection with the acquirement of the property with reference to which such agreement of sale was made, and other advances, if any, made to the settler under the provisions of this Act or of the former Act or to regain the value of such property, sell, lease, exchange or otherwise dispose of such property to a settler or, with the approval of the Minister, to any other person.

Leasing of Lands

Marginal note:Terms of lease to settler

24 Any land purchased or held for disposition by the Board may, pending such disposition, be leased by the Board to a settler or otherwise upon terms satisfactory to the Minister.

Advances for the Discharge of Encumbrances

Marginal note:Limitation as to advances to settler to discharge encumbrances

• 25  The Board may from time to time advance to a settler, to enable the discharge of encumbrances on agricultural land which is owned and used by him as such, amounts in money not exceeding in the aggregate three thousand five hundred dollars and not exceeding fifty per centum of the value of such land, but so that the total made by

  • (a) the advances of the Board to the settler under this section; and

  • (b) the amounts, exclusive of interest, due by him to the Board in any connection under authority of this Act, shall not exceed five thousand dollars.

• Marginal note:Advances to be first charge secured by first mortgage, terms of repayment, interest, etc.

  2. Such advances shall, by force of this Act, constitute a first charge on the land of the settler with respect to which the advance is made, and repayment thereof shall be secured by a first mortgage upon such land and shall be made in twenty-five or less equal, consecutive, annual instalments with interest at five per centum per annum, on the amortization plan, with full privilege of prepayment.

• Marginal note:Dominion lands

  3. In the case of advances made to a settler holding unpatented Dominion lands such advances shall, further, notwithstanding anything in the Dominion Lands Act or any other matter or circumstance, constitute a first charge against such lands, and no patent shall be issued to the settler therefor until such advances, with accrued interest, have been fully repaid.

• Marginal note:No advance without sufficient security and assurance that settler can make living on land

  4. No advance such as by subsection one of this section authorized shall be made unless the Board is satisfied

  • (a) that the value of the security, ascertained as in section twelve of this Act directed with respect to lands to be acquired by the Board, is sufficient to justify the making of the advance; and

  • (b) that the applicant has the ability to make from the land a fair living for himself and his dependents, if any, after paying interest and amortization charges and other necessary payments with respect to such advances and to the land and the cultivation thereof.

• Marginal note:How advances expended

  5. Every such advance shall be expended under the supervision of the Board.

Charges on Dominion Lands

Marginal note:No patent to issue until amount owing to Board is repaid

26 When a settler obtains or has obtained Dominion lands, whether by soldier grant or otherwise, such lands shall be subject to a first charge in favour of the Board for any sum owing to the Board in respect of any sale or advance thereafter approved for and made to him by the Board pursuant to this Act, and no patent shall be issued to such settler for such lands until the amount of such sum so owing with accrued interest has been fully repaid.

Marginal note:Forfeiture by settler of title to land when he is in default Surplus may be paid to the settler or the Assurance Fund

• 27  Notwithstanding anything in the Dominion Lands Act or in any other Act, in the event of a settler who is holding any Dominion land on which a charge has been imposed, constituted or created by or under this or the former Act, hereinafter referred to as “charged land” being in default with respect to the terms or conditions of any agreement of sale, mortgage or other document executed or made with or to the Board, the Minister, upon request made by the Board, may declare the right, title and interest of the settler to or in such charged land to be forfeited, whereupon, and also in the event of the right, title or interest of the settler to or in such charged land becoming forfeited for default in performance of settlement conditions or for any other reason apart from the provisions of this section, the Minister may declare the said right, title or interest of such settler, and also the right, title or interest of His Majesty to or in such charged land, to be vested in the Board, and it may thereafter, subject to the provisions of section twenty-one of this Act, in order to recoup itself for the amount owing by such settler and charged upon such land, sell, lease, exchange or otherwise dispose of such land to a settler, or, with the approval of the Minister, to any other person; but if any surplus is realized beyond the amount required to recoup the Board as aforesaid, such surplus, except as otherwise provided, may be paid by the Board to the settler if he has completed the settlement conditions required for obtaining patent in accordance with the terms of his entry, or to the Receiver General to the credit of the Soldier Land Settlement Assurance Fund if such compliance by the settler with the conditions of his entry has not been established to the satisfaction of the Board.

• Marginal note:Improvements made by the settler

  2. If a settler who has not complied with the conditions of his entry has effected valuable improvements on the land with his own capital or means to which he has an equitable claim for compensation the Board may, out of the surplus, if any, pay to the settler an amount which the Board has determined that such improvements added to the price realized by the sale of the land.

Limitations upon Sales and Advances

Marginal note:No sale to any settler who obtained soldier grant, advance on his own land, or owns an average farm

28 Notwithstanding anything in this Act, the Board shall not, unless the Minister upon the recommendation of the Board shall approve, sell any lands to any settler who

• (a) has obtained a soldier grant under this or the former Act;

• (b) has secured from the Board, under this or the former Act, any advance of money for the clearing of encumbrances on land owned by the settler; or

• (c) is owner of, or has a vested, possessory interest in, agricultural land of such area as, in the opinion of the Board, constitutes an average farm for the district within which the land is situate, or which, in the opinion of the Board, is of the value of five thousand dollars.

Sales for Special Purposes

Marginal note:Sale of lands for dairy, educational and other purposes and to provincial authorities: price to be not less than estimated cost to a settler

29 Notwithstanding anything in this Act, the Board, with the consent of the Governor in Council, may sell any land which is at its disposal for sale, in the cases and subject to the conditions following, that is to say: —

• (a) as a site for a dairy factory, cheese factory, fruit preserving factory or creamery, or for any educational, religious, charitable or public purpose, or for any other purpose which, in the opinion of the Board, renders such a sale in the public interest;

• (b) to any provincial or municipal authority for any purpose;

• (c) the price shall in each case be fixed by the Governor in Council and shall be not less than the cost of the land as it would be estimated by the Board on a sale to a settler of lands acquired by purchase under this Act.

General Provisions

Marginal note:All agreements between Board and settler under twenty-one years are valid

• 30  All deeds of land, all mortgages and charges upon land or goods and all contracts and agreements whatever, including bills of exchange and promissory notes, made or entered into by any settler to or with, or for the benefit or security of, the Board, purporting to act with respect thereto or to accept any thereof in execution of any of its powers under this Act or under the former Act, shall be valid and enforceable notwithstanding that such settler is not of the full age of twenty-one years, or is an Indian or is under any civil disability.

• Marginal note:Commencement of section

  Footnote ^*2. This section shall be deemed to have been operative as from the passing of the former Act.

  • Return to footnote ^*[Note: The Soldier Settlement Act, 1917 assented to August 29, 1917.]

Marginal note:Settler occupant deemed tenant

31 Every settler holding or occupying land sold by the Board shall, until the Board grants or conveys the land to him, be deemed a tenant at will.

Marginal note:Additional security for advances may be required

• 32  Every settler obtaining advances from the Board for any of the purposes of this Act may be required, if the Board considers the security otherwise insufficient, to furnish security on any property owned or held by him.

• Marginal note:Documents to be in prescribed form, and to have statutory effect

  2. All agreements of sale or otherwise, all instruments evidencing liens or charges, and all other documents authorized or required by this Act, shall be made in such form and according to such forms, and shall contain such provisions as the Board shall provide, and every such document shall have effect as if the form thereof were statutory, and were provided by and as part of this Act.

Marginal note:Unless Board consents, land, stock, etc., held and unpaid in full by settler to be exempt from operation of ordinary laws

33 Notwithstanding any law, whether statute or otherwise, in force in any province,

• (a) which authorizes or requires the registration, recording or filing of deeds, mortgages, certificates of judgments, attachments, bills of sale or other documents which affect title to, or evidence the existence of liens or charges upon, real, personal or other property; or

• (b) which authorizes the levy upon, or sale under attachment, execution or other process, or the expropriation or seizure of real, personal or other property;

unless the Board shall otherwise consent in writing the lands of, or sold by the Board to, a settler, and the live stock and equipment of, or sold by the Board to, a settler, and the increase of any such live stock, and the Board’s and the settler’s respective interests in such lands, live stock and equipment, shall, for so long as any part of the sale price, or the amount of any advance made with respect to any such property, or any interest, or any amount charged upon such property or any thereof in favour of the Board, remains unpaid to the Board, be exempt from and not within the operation of such laws.

Marginal note:While any sum on advances unpaid all properties of settler to remain as security and his interest therein cannot be alienated

• 34  Notwithstanding any law, whether statute or otherwise, in force in any province,

  • (a) while any sum shall remain unpaid upon the aggregate advances or payments made from time to time pursuant to the provisions of this Act by the Board to or on behalf of a settler, and secured by or charged whether under this Act or otherwise, upon real, personal or other properties of the settler, or upon the settler’s interest in any of such properties, all of the properties so charged shall continue to be security for repayment of such sum or sums as shall at any time remain unpaid upon any of such advances or payments and, unless with the consent in writing of the Board, the interest of the settler in any of such properties shall not be capable of being voluntarily or involuntarily alienated, or subsequently charged or encumbered nor be subject to the operation of any law or agreement whatever to the prejudice of the claims or charges of the Board;

  • Marginal note:No judgment, etc., against settler binding on land, stock, etc., while price, advance or interest unpaid to Board

    (b) no deed, mortgage or other instrument executed by or for a settler, and no judgment recovered or attachment, execution or other process issued against him shall, as against the Board, bind or affect the lands or the live stock and equipment, sold by the Board to such settler or his land upon the security of which the Board has made any advance of money, or the increase of any of such live stock sold as aforesaid, for so long as the sale price of said lands, live stock or equipment, or said advance, or any part of said price or advance, or any interest thereon, remains unpaid to the Board;

  • Marginal note:No priority of claim for wife or husband of settler, notwithstanding dower or other laws of any province, when price, etc., due to Board unpaid

    (c) the wife of any settler shall not, for so long as the sale price, or any part thereof or any interest thereon, or any charge in favour of the Board, remains unpaid upon any lands which were sold by the Board to a settler, or upon the security of which the Board has made any advance of money, have in priority or in prejudice of any claim or charge of the Board against or upon such lands any estate of dower therein nor, during the same period, shall the husband of any settler have, in priority or prejudice as aforesaid, any estate of courtesy in such lands, nor shall the Mechanics’ Lien laws or other lien laws or the dower or homestead laws of any province extend or apply in priority or prejudice as aforesaid to said lands;

  • Marginal note:No sale or other transaction by settler, while price unpaid, effective against Board

    (d) no sale, gift, delivery, barter, exchange, pledge, charge, lien or other transaction by or for the settler to or with any person, corporation or body other than the Board, and purporting to affect or bind any of such lands, live stock or equipment or any part thereof, sold by the Board to a settler, or the increase of any live stock so sold, shall, while the sale price of such lands, live stock and equipment, or of any part thereof, or any interest on such price thereof, remains unpaid, have, as against the Board, unless with the consent of the Board, any effect whatever;

  • Marginal note:Crops, live stock, etc., seized shall stand charged with lien in favour of Board

    (e) if the produce or crop of any lands which were sold by the Board to a settler or of any lands upon the security of which the Board has made any advance of money is seized or taken in execution or under any other process, whether the settler shall or shall not have fully paid for said lands, and whether said produce or crop is seized or taken standing, or cut, or in barn, or otherwise, such produce or crop shall stand charged with a lien in favour of the Board for payment of all instalments due or overdue by the settler to the Board at the time of seizure or taking, in respect of the settler’s land, live stock, equipment and permanent improvements, and, as well, all such instalments in respect as aforesaid as will mature within twelve calendar months thereafter.

• Marginal note:Transactions and laws affecting settler subject to this Act

  2. All lawful transactions by or with and all lawful proceedings against the settler, and all provincial laws affecting him or his property or his property interests, shall, as respects any property, real, personal or other, sold to him by the Board, or charged with any claims of the Board, have effect except as by this Act provided.

• Marginal note:Priority of Board’s liens over all other liens

  3. Unless the Board shall otherwise consent all liens and charges of the Board shall, while and for so long as they or any part thereof shall remain unpaid to the Board, rank upon the property of the settler, or against his interest in any property subject to lien or charged, in priority to all other liens and charges, and the liens and charges of the Board shall rank pari passu.

• Marginal note:Board may require mortgage defining charge on land, etc.

  4. The Board may require of any settler the execution of a mortgage, in such form as its regulations may prescribe, defining and securing any charge which is by this or by the former Act imposed or declared to exist or is agreed upon by the Board and the settler.

PART IIICompulsory Purchase of Lands

Settlement Areas

Marginal note:Settlement areas defined by Board

• 35  For the purpose of enabling compulsory purchase of agricultural lands in execution of the purposes of this Act, the Board may establish and define the limits of settlement areas.

• Marginal note:Only in certain districts

  2. Settlement areas shall be established only in districts wherein by reason of lands remaining undeveloped agricultural production is being retarded.

• Marginal note:Establishment of area by Board conclusive proof

  3. The Board shall be sole judge as to whether or not in any district, by reason of lands remaining undeveloped, agricultural production is being retarded, and the fact of the establishment of a settlement area in manner by this Part provided shall be conclusive proof in any court or otherwise that any lands within such area which the Board, pursuant to the following provisions of this Part, may proceed to purchase compulsorily are compulsorily purchaseable hereunder, and that such settlement area answers the requirements of the next preceding subsection.

Marginal note:Gazetting notice proof of establishment

• 36  A settlement area shall be deemed to be established when the Board has gazetted a notice of such establishment four times with intervals of not less than five days between each gazetting.

• Marginal note:Form of notice

  2. Such notice shall define the limits of the settlement area so established and shall be sufficient if in form as nearly as may be to form A in the schedule to this Act.

• Marginal note:Publication in newspapers

  3. The Board shall, in addition to such gazetting, publish like notice to that gazetted four times, with intervals of not less than five days between each publication, in one newspaper having a circulation throughout the district wherein such settlement area is wholly or partly contained and mail two copies of the Gazette in which such notice first appears to the Registrar of Deeds in said district.

• Marginal note:Registrar to file Gazette

  4. Such Registrar shall preserve such Gazette on file in his office.

• Marginal note:Omission not invalidation

  5. The omission on the part of the Board to comply with subsection three of this section, or the omission of the Registrar to comply with subsection four of this section, shall not invalidate nor render insufficient any proceedings on the part of the Board for compulsory purchase.

Marginal note:Notice of alteration or disestablishment of area to be gazetted

• 37  The Board may, from time to time, curtail, extend or in any other way alter the limits of, or entirely disestablish a settlement area, which shall be deemed to have been done when it has gazetted notice of the alteration or disestablishment in like manner to the gazetting of notice of the original establishment of the area, save that in the case of disestablishment only one gazetting shall be made.

• Marginal note:Form

  2. The notice shall be sufficient if in form as nearly as may be to form B in the schedule to this Act.

• Marginal note:Notice to be sent to Registrar

  3. The Board shall publish and mail and the Registrar of Deeds shall preserve on file in manner like to that in section thirty-six provided with respect to the original establishment of the settlement area, save that in the case of disestablishment only one publication shall be made, but non-compliance shall have like absence of effect.

Marginal note:Gazetting constitutes a notice and puts interested person upon inquiry as to action of Board Subsequent registrations entail all charges, etc., on land

38 Gazetting as in section thirty-six and thirty-seven of this Act provided shall constitute notice to every person proposing to deal with or acquire any estate or interest in or any charge upon any land within a settlement area that the land is subject to the provisions of this Act, and shall put such person upon inquiry as to the proceedings which may have been taken by the Board, and all subsequent registrations in respect to any parcel of land which is in whole or in part included within such settlement area shall be subject to the rights, options, and privileges of the Board, and the person claiming under any such registration shall take the land subject to all charges and liabilities which have been imposed and to which it may be liable to be subjected under this Act.

Duties of Owners of Lands Within a Settlement Area

Marginal note:Owner to file return with District Superintendent, within 30 days as per form C

• 39  Within thirty days after the last gazetting of the establishment of a settlement area, each owner of a block, the whole or any part whereof is situate within the settlement area, shall file with the District Superintendent of the Board having jurisdiction over the district within which such settlement area is situate a return in form C in the schedule to this Act naming the prices at which he is willing to sell the block and each parcel thereof to the Board and shall give such other information with respect to such block as the Board may from time to time prescribe or require.

• Marginal note:Board to mail notice to owner stating amount of compensation

  2. At any time after the expiration of such thirty days period the Board may, by notice to the owner of any land within the settlement area which is deemed by the Board subject to compulsory purchase under this Act, mailed to his last known address, require such owner to convey to the Board the land with respect to which notice has been so mailed and thereby advise him of the amount of compensation that the Board is willing to pay for such land.

Marginal note:Statement of all liens, etc., on land to be furnished to Board by person interested

40 Every person who has any estate or interest in any land proposed to be purchased compulsorily for any of the purposes of this Act, or who represents or is the husband of any such person, shall, upon demand made therefor by or on behalf of the Board, furnish to the Board a true statement showing the particulars of such estate and interest and of every charge, lien and encumbrance to which the same is subject, and of the claim made by such person in respect of such estate and interest.

Procedure for Compulsory Purchase

Marginal note:When Board may purchase land compulsorily

• 41  If the Board decides to acquire any land within a settlement area and,

  • (a) the owner refuses to sell;

  • (b) it appears to the Board that no agreement for sale can be arranged;

  • (c) no proper deed or conveyance is made and executed by the person having the power to make such deed or conveyance;

  • (d) a person interested in such land is incapable of making or executing a deed or conveyance; or

  • (e) for any other reason the Board deems it necessary or advisable;

  the Board may purchase such land compulsorily, in the manner hereinafter provided.

• Marginal note:On gazetting notice in form D land is vested in Board as an estate of fee simple, and, in Quebec, of absolute ownership

  2. The Board shall gazette a notice in form D, describing the land by metes and bounds or otherwise, and stating that it has been compulsorily purchased by the Board and the amount of compensation money that the Board is willing to pay, whereupon the land as described shall by such gazetting and by force of this Act become and remain vested in the Board as for an estate of fee simple in possession or, in the province of Quebec, in the Board as absolute owner, and in any event freed and discharged from all other estates and from all encumbrances, liens, claims and interests whatever, and as effectually as if it had been conveyed by deed or conveyance of all persons entitled to any interest therein, but compensation, ascertained as in this Part provided, shall be paid therefor.

• Marginal note:Gazetting a tender of compensation

  3. The amount of compensation money mentioned in such notice gazetted shall be deemed to have been by such gazetting and by force of this Act, tendered to the persons entitled to any interest in said land, collectively.

• Marginal note:Gazetting proof of conditions complied with

  4. The gazetting of the notice in form D shall for all purposes be conclusive proof that all necessary steps and conditions precedent thereto have been duly taken and complied with.

• Marginal note:Re-gazetting to correct error in gazetted notice

  5. In case of any omission, mis-statement or erroneous description in such gazetting it shall, at the option of the Board, be deemed not to have been made, and a new and correct gazetting which shall indicate the gazetting of which it is the correction, shall be made in its stead, whereupon such new and correct gazetting shall be deemed the only gazetting made and of itself proof for all purposes of the exercise by the Board of the option in this subsection mentioned.

• Marginal note:When owner claims compensation inadequate Board may lay information before Federal Court

  6. If within sixty days from the date of such gazetting the owner being in the province or in any place in North America, or within one hundred days the owner being elsewhere, no proper deed or conveyance to the Board is made and executed by the person or persons having power to make and execute such deed or conveyance, or if the owner or any person interested in the land, by notice served on the Board before the expiration of the stated period, claims that the compensation tendered by such gazetting is inadequate, the Board may cause to be exhibited in the Court an information in which shall be set forth

  • (a) the date at which and the manner in which such land was acquired or taken;

  • (b) the persons, who, at such date, had any estate or interest in such land and the particulars of such estate or interest and of any charge, lien, or encumbrance to which the land was subject, so far as the same can be ascertained;

  • (c) the sums of money which the Board is ready to pay to such persons respectively, in respect of any such estate, interest, charge, lien or encumbrance; and

  • (d) any other facts material to the consideration and determination of the questions involved in such proceedings.

• Marginal note:Such information deemed institution of suit

  7. Such information shall be deemed and taken to be the institution of a suit against the persons named therein, and shall conclude with a claim for such a judgment or declaration as, in the opinion of the Board, the facts warrant.

• Marginal note:Ordinary procedure of Court to be followed

  8. The information shall be served in like manner as other informations and all proceedings in respect thereof or subsequent thereto shall be regulated by and shall conform as nearly as may be to the procedure in other cases instituted by information in the Court.

• Marginal note:Questions of fact or law may be raised in defence

  9. Any person who is mentioned in any such information, or who afterwards is made or becomes a party thereto, may, by his answer, exception or defence, raise any question of fact or law incident to the determination of his right to such compensation money or any part thereof, or in respect of the sufficiency of such compensation money.

• Marginal note:Such proceedings bar all claims to compensation, etc.

  10. Such proceedings shall, so far as the parties thereto are concerned, bar all claims to the compensation money or any part thereof, including any claim of dower, or of dower not yet open, as well as in respect of all mortgages, hypothecs or encumbrances upon the land or property; and the Court shall make such order for the distribution, payment or investment of the compensation money and for the securing of the rights of all persons interested, as to right and justice, according to the provisions of this Act and to law appertain.

Marginal note:When Board may establish or declare block of land a settlement area

42 If the Board decides to acquire by compulsory purchase any block which is not within an existing settlement area, it may establish the block as a settlement area, or it may by notice gazetted in the manner provided in section forty-one of this Act, declare such block to be within an existing settlement area, of which area the notice shall define altered bounds to include the block so decided to be purchased, whereupon compulsory purchase proceedings may be conducted in every respect as if the block had been originally within an established settlement area.

Marginal note:Duties of registrar of deeds as to registers and registrations of transactions under this Act

43 Every registrar of deeds shall, upon receipt of any copy of the Canada Gazette containing any notice in form D gazetted under this Act affecting lands within his registration district, register, record or enter in the book or books, including index books, in which, according to the law of his province with reference to the registration or recording of grants, conveyances or transfers of land, grants, deeds or other documents of conveyance or copies thereof or notations or references thereto ought by him to be registered, recorded or entered, either the whole notice in form D so gazetted or sufficient notations or references thereto or therefrom as will show that the land described or the interest stated in such notice is owned by the Board absolutely by right acquired under this Act, and upon any resale of such land or of part thereof by the Board shall, when required, register, record or enter in such books the purchaser thereof or of part thereof in accordance with the terms of any grant or conveyance from the Board presented for registration, recording or entry.

Marginal note:Claims on land become claims on compensation money

44 The compensation money agreed upon or adjudged for any land compulsorily purchased for any of the purposes of this Act shall stand in the stead of such land or property; and any claim to or encumbrance upon such land or property shall, as respects the Board, be converted into a claim to such compensation money or to a proportionate amount thereof as may be allowed and shall be void as respects any land so compulsorily purchased.

Costs

Marginal note:Costs at discretion of Court

45 The costs of and incidental to any compulsory purchase proceedings under this Act shall be in the discretion of the Court, which may direct that the whole or any part of such costs may be paid by the Board or by any party to such proceedings.

Payment of Compensation or Costs

Marginal note:Payment of compensation or costs.

46 The Board may pay to any person any sum to which, under the judgment of the Court, in virtue of the provisions of this Act, he is entitled as compensation money or costs.

Interest

Marginal note:Interest at 5 p.c. on compensation money

• 47  Interest at the rate of five per centum per annum may be allowed on such compensation money from the time when the land was acquired or taken to the date when judgment is given; but no person to whom has been tendered a sum equal to or greater than the amount to which the Court finds him entitled shall be allowed any interest on such compensation money from any time subsequent to the date of such tender.

• Marginal note:Refusal of interest when delays attributable to person otherwise entitled to it

  2. If the Court is of opinion that the delay in the final determination of any such matter is attributable in whole or in part to any person entitled to such compensation money or any part thereof, or that such person has not, upon demand made therefor, furnished to the Board within a reasonable time a true statement of the particulars of his claim required to be furnished as hereinbefore provided, the Court may, for the whole or any portion of the time for which such person would otherwise be entitled to interest, refuse to allow him interest, or it may allow the same at such rate less than five per centum per annum as to the Court appears just.

Resistance to Peaceful Possession

Marginal note:When warrant may issue to put Board in possession

• 48  If any resistance or opposition is made by any person to the Board, or any person acting for the Board, entering upon and taking possession of any lands, a judge of the Court, or any judge of any superior court, may, on proof of the execution of the conveyance of such land to the Board, or agreement therefor, or of the gazetting of a notice in form D as aforesaid, and after such notice to show cause given in such manner as the judge prescribes, issue his warrant to the sheriff of the district or township within which such lands are situated, directing him to put down such resistance or opposition, and to put the Board, or some person acting for it, in possession of the lands.

• Marginal note:Sheriff to make return to Federal Court

  2. The sheriff shall take with him sufficient assistance for such purpose, and shall put down such resistance and opposition, put the Board, or such person acting for it, in possession of such lands and forthwith make return to the Court of such warrant, and of the manner in which he executed the same.

Inspection and Survey of and Entry upon Lands

Marginal note:Entry upon lands, inspection, survey, etc.

• 49  The Board may by itself, its surveyors or engineers, superintendents, agents, workmen and servants,

  • (a) enter upon any land to whomsoever belonging, make surveys of the same sufficient for the exercise by the Board of any of its powers under this Act, and make tests of the character of such land or of its streams, waters or watercourses; and

  • (b) after compliance with section forty-one of this Act, enter upon and take possession of any land the acquirement of which is, in its judgment, necessary for the execution of any of the purposes of this Act.

• Marginal note:Any engineer or surveyor for province may be employed

  2. The Board may employ any person duly licensed or empowered to act as a surveyor for any province of Canada, or any surveyor or engineer, to make any survey, or establish any boundary and furnish the plans and descriptions of any land acquired or to be acquired by the Board for the execution of any of the purposes of this Act.

• Marginal note:Stone or iron monuments to mark boundaries

  3. The boundaries of such land may be permanently established by means of proper stone or iron monuments planted by the engineer or surveyor so employed by the Board.

• Marginal note:Effect of such surveys, etc.

  4. Such surveys, boundaries, plans and descriptions shall have the same effect to all intents and purposes as if the operations pertaining thereto or connected therewith had been performed, and such boundaries had been established and such monuments planted by a land surveyor duly licensed and sworn in and for the province in which the land is situate.

• Marginal note:Boundaries true if established after due notice and a procès-verbal signed by witness

  5. Such boundaries shall be held to be the true and unalterable boundaries of such land, if

  • (a) they are so established, and such monuments of iron or stone so planted, after due notice of the intention to establish and plant the same has been given in writing to the owners or proprietors of the land thereby affected; and

  • (b) a procès-verbal or written description of such boundaries is approved and signed in the presence of two witnesses by such engineer or surveyor on behalf of the Board and by the other person concerned; or, in case of the refusal of any owner or proprietor to approve or to sign such procès-verbal or description, such refusal is recorded in such procès-verbal or description; and

  • (c) such boundary marks or monuments are planted in the presence of at least one witness who shall sign the said procès-verbal or description.

• Marginal note:Formalities not necessary unless Board sees fit

  6. It shall not be incumbent on the Board or those acting for it to have boundaries established with the formalities in this section mentioned, but the same may be resorted to whenever the Board deems it necessary.

Directions Respecting Compulsory Purchases

Marginal note:In case of farmers consideration of the district, character and acreage of land; all land of settler deemed occupied by him

• 50  In deciding upon cases meet for compulsory purchase of land under this Act the Board shall, with respect to lands owned and occupied by farmers, consider not only the district in which the land lies, the character of the land and the adequacy of its acreage to enable successful farming operations, but, as well, the extent of cultivation thereof, the circumstances of the farmer and his capacity to reduce, within a reasonable time, a reasonable proportion of his cultivable land to a state of cultivation.

• Marginal note:Case of soldiers

  2. For the purposes of this section all land of a settler shall be deemed to have been and to be occupied by him for the duration of his military service in the war and for twelve months after his discharge.

PART IVMiscellaneous Provisions

Marginal note:Conveyance from Board gives same title to land as Crown grant

• 51  All conveyances from the Board shall constitute new titles to the land conveyed and shall have the same and as full effect as grants from the Crown for previously ungranted Crown lands.

• Marginal note:Property acquired by Board prior to this Act vested in Board

  2. All land and other property which, before the seventh day of July, one thousand nine hundred and nineteen, was, under authority of any order in council, purchased by the Board and title thereto taken to His Majesty the King in the right of Canada represented by the Board, and all or any interest or interests of His Majesty in any agreements of sale, mortgages or other instruments and in the land or other property to which such instruments relate, which interest or interests were, before the said date, acquired by His Majesty through the instrumentality of the Board under the former Act or of any order in council, are, by force of this Act, vested in the Board as constituted under this Act.

Marginal note:Board’s consent to be valid must be in writing

52 No consent of the Board which is required by any provision of this Act for the validation of any matter shall be effective unless given in writing and under the hand of one of the Commissioners of the Board.

Marginal note:Forfeiture of settler’s benefit under Act for fraudulent acquisition

53 In the event of its being shown to the satisfaction of the Board that a settler has established his right to benefit under this or the former Act through misrepresentation, impersonation, or other fraud, the Board may declare the right of such settler to benefit under this or under the former Act to have been forfeited, and thereupon all loans or advances made to such settler shall, unless the Board otherwise determines, immediately become due and payable, and any sale of land made to him under the provisions of this Act shall be liable to be rescinded, at the discretion of the Board.

Marginal note:Before whom affidavits, etc., may be taken

54 All affidavits, oaths, statutory declarations or solemn affirmations required to be taken or made for the purposes of this Act, may, except as otherwise provided, be taken or made before the judge or clerk of any court, any justice of the peace, any commissioner for taking affidavits, any notary public, any person authorized to take affidavits under the provisions of the Dominion Lands Act, any District Superintendent of the Board, or any person specially authorized by the Governor in Council to take or administer the same.

Marginal note:Inquiries in aid of execution of this Act

• 55  The Board shall have the power to appoint persons to hold inquiries in aid of the execution of any of the purposes of this Act, and every person so appointed shall have, for the purposes of his appointment, all the powers of a commissioner under the Inquiries Act.

• Marginal note:Commissioners

  2. Every Commissioner of the Board shall have, ex officio in aid of the execution of the same purposes, like powers.

Marginal note:Entry on land for inspection or valuation

• 56  Any Commissioner of the Board, or any officer or employee of the Board authorized, specifically or generally, in writing, by a Commissioner of the Board, may enter any land to whomsoever belonging for the purpose of making inspection thereof and determining whether or not such land is subject to compulsory purchase under the provisions of this Act; or, in the event of any land being deemed subject to compulsory purchase, for the purpose of valuing the same or serving any notice on the owner or occupant thereof or for any other of the purposes of this Act, or to view the condition of, or to take over or repossess, in case of default made, any property in or over which the Board has any interest or charge.

• 2. [Repealed, 2000, c. 34, s. 48]

Marginal note:Mines and minerals exempt

57 From all sales and grants of land made by the Board, all mines and minerals shall be and shall be deemed to have been reserved, whether or not the instrument of sale or grant so specifies, and as respects any contract or agreement made by it with respect to land it shall not be deemed to have thereby impliedly covenanted or agreed to grant, sell or convey any mines or minerals whatever.

Marginal note:Judges of the Federal Court ad hoc

• 58  If a judge of the Court shall so request, the Governor in Council may, as and when requested, appoint one or more persons, qualified for appointment as judges of the Court, to be judges ad hoc of such Court for the purpose of assisting in the performance of the duties which are imposed upon such Court by this Act.

• Marginal note:Termination of appointment of judges

  2. Such persons, so appointed, shall, for all purposes, including payment of salary, be deemed judges of the Court, but their several appointments shall be terminable by the Governor in Council whenever a judge of the Court shall notify the Governor in Council that there is no further occasion for their assistance, and they, severally, shall have authority to transact, with the powers and jurisdiction of a judge of the Court, such business of the Court arising out of this Act as said judge shall from time to time commit to them, and such only.

Marginal note:Power of Board to estimate land apart from buildings, and to vary amount as to balance due

• 59  Notwithstanding anything in this Act the Board is empowered,

  • (a) when estimating the value of any land for any purpose of this Act, to estimate it apart from the value of buildings thereon;

  • (b) for special reasons, in any case appearing,

    • (i) to vary the provisions of sections eighteen and nineteen of this Act so that an amount not exceeding one thousand dollars may be diverted from the amount not exceeding two thousand dollars, mentioned in section eighteen as the balance which may remain unpaid upon a sale of stock and equipment, and may be added to the amount not exceeding one thousand dollars, mentioned in section nineteen as that which may be advanced to provide or for application to permanent improvements,

    • (ii) to vary the provisions of sections sixteen to nineteen inclusively, of this Act, so that live stock and equipment to a value not exceeding three thousand dollars may be sold to a settler, but so that the total amount of balance of price and advances remaining unpaid by the settler as the result of the exercise by the Board of any of its powers under this Act, shall not exceed seven thousand five hundred dollars;

  • Marginal note:Powers of Board

    (c) in all cases of sales of orchard or fruit lands, to apply the provisions of section eighteen of this Act, with such other provisions thereof as may depend upon or have relation to those of said section, as if for the words “live stock or equipment” or “live stock and equipment acquired under authority of this Act” or words to the same effect in said section or in any of said sections appearing, there were substituted the words “fruit trees, already planted or growing on any land sold by the Board to the settler” and, for any purpose of this Act, to estimate the value of the trees and shrubs already planted or growing on any land being sold by the Board to the settler apart from the value of such land;

  • Marginal note:To vary terms of payments on sales of unimproved lands

    (d) in all cases of sales of unimproved lands, to vary the terms of payment provided by section sixteen of this Act so that the first annual instalment shall be repayable not later than two years from the date of the sale and shall consist of the accrued interest only;

  • Marginal note:To vary terms of payments on sales of stock and equipment for unimproved lands

    (e) in all cases of sales of stock and equipment for the operation of unimproved lands, to vary the provisions of section eighteen of this Act so that the terms of payment shall be all cash down, or, at the option of the Board, payment in not more than six equal, consecutive, annual instalments, commencing not later than three years from the date of the sale, with interest at five per centum per annum, on the amortization plan, said interest to begin to accrue two years from the date of the sale;

  • Marginal note:To vary terms of payments on sales of stock and equipment for improved farms

    (f) in all cases of sales of stock and equipment for the operation of improved farms, to vary the provisions of section eighteen of this Act so that the terms of payment shall be all cash down, or, at the option of the Board, such per centum cash down as the Board may determine, and the balance be repayable in six, or less, equal consecutive, annual instalments commencing upon a date determined upon by the Board, but not later than two years from the date of the sale, with interest at five per centum per annum, on the amortization plan;

  • Marginal note:To determine character of land

    (g) for any purpose of this Act, to determine what constitutes unimproved or improved land or a farm;

  • Marginal note:To require repayment on sales of seed grain and feed or advances for taxes and insurance

    (h) in all cases of sales of seed grain and feed or in cases of advances for the payment of taxes and insurance, to require that the settler’s indebtedness to the Board in connection with such sale or advance be repaid within one year from the date of the advance, with interest at the rate of five per centum per annum;

  • Marginal note:To consolidate indebtedness of settlers who have not abandoned the land or terminated agreement Interest exemptions Indebtedness to be paid in instalments on standard dates Proviso if default in payment

    (i) in the case of any settler who has not abandoned the land or whose agreement with the Board has not been terminated or rescinded, to vary the provisions of this Act so that the total indebtedness and liability incurred by such settler prior to the first day of April, one thousand nine hundred and twenty-two, may, on a standard date to be determined by the Board, be consolidated, inclusive of accrued interest, taxes and insurance to date of consolidation, and the consolidated indebtedness made payable in twenty-five or less annual instalments, such indebtedness bearing no interest from the date of consolidation for

    • (i) two years in the case of any settler to whom advances commenced within the twelve months preceding the first day of October, one thousand nine hundred and twenty-one,

    • (ii) three years in the case of any settler to whom advances commenced within the twelve months preceding the first day of October, one thousand nine hundred and twenty,

    • (iii) four years in the case of any settler to whom advances commenced prior to the first day of October, one thousand nine hundred and nineteen;

    the first instalment, consisting of one twenty-fifth of the consolidated indebtedness, to be paid by the settler on the date of consolidation, and two, three or four further instalments, as the case may be, according to the period of interest exemption, each of the same amount as the first instalment, to be paid on the standard dates next consecutively following, the remainder of the consolidated indebtedness to be paid with interest thereon at the rate of five per centum per annum in equal annual consecutive instalments on the amortization plan during the balance of the term of payment; Provided that if default be made in the payment of any instalment of one twenty-fifth herein referred to, the amount of such instalment or the unpaid portion thereof shall bear interest until paid;

  • Marginal note:To vary terms of payment as to stock and equipment advances

    (j) to vary the terms of payment as provided in this Act so that stock and equipment advances or sales heretofore or hereafter made to any settler shall be payable within the same period as payment of advances for land purchase, removal or encumbrances, or permanent improvements;

  • Marginal note:To vary terms of payment to settlers whose advances commence after July 1

    (k) to vary the terms of payment as provided in this Act so that in the case of any settler whose advances commence between the first day of July and the standard date in any year, the dates on which the settlers’ first and subsequent instalments shall become payable may be fixed as if such advances had not commenced until after the standard date in that year: Provided that interest accruing during the period of this deferment shall be consolidated with the principal indebtedness and amortized therewith;

  • Marginal note:To vary terms of payment in case of unimproved lands

    (l) in the case of unimproved lands to vary the terms of payment provided by section sixteen of this Act as amended by paragraph (d) of this subsection so that payment shall be made in twenty-five equal annual consecutive instalments with interest on the amortization plan, the first of such instalments commencing not later than two years from the standard date next following the date of sale.

• Marginal note:Rights and obligations of deceased settler devolve on heirs, etc.

  2. When a settler dies indebted to the Board, under an agreement of sale or otherwise, with respect to any property or to any advance charged upon any property, his rights acquired under this or the former Act shall devolve upon heirs, devisees or personal representatives, pursuant to the law of the province in which at the time of his death the property is situate, but subject to all rights, claims and charges of the Board respecting or affecting such property, and to performance by such heirs, devisees or personal representatives of all the obligations of his testate or intestate with respect to such property or such advance, and default on the part of such heir, devisee or personal representative with respect to any right, claim or charge of the Board shall have the same effect as would default on the part of the settler but for his death.

Marginal note:Notice in writing of amount of indebtedness to soldier Notice prima facie evidence

60 Notwithstanding anything in this Act, or in any agreement, contract, or other document, in any case in which the indebtedness of a settler is consolidated, the Board may cause to be delivered to the settler personally or to be directed by mail to him at his address last known to the Board, a notice signed by such official as the Board may designate, setting forth the amount of the total indebtedness of the settler at date of consolidation, the dates and amounts of payments to be made thereon by the settler, and the amount then due and payable, and the production of a copy of such notice certified under the seal of the Board shall be accepted for all purposes and in all Courts as prima facie evidence of the due service of the notice on the settler and of the amount of the settler’s indebtedness, the dates and amounts of payments to be made thereon, and the amount then due and payable as in said notice set forth.

Marginal note:Franking privileges of Director

61 All letters and other mailable matter sent to or by the Director of Soldier Settlement at Ottawa shall be free of Canada postage under such regulations as are from time to time made in that respect by the Governor in Council.

Marginal note:No fee or commission on any sale to Board

• 62  No person, firm or corporation shall be entitled to charge or to collect as against or from any other person, firm or corporation any fee or commission or advance of price for services rendered in the sale of any land made to the Board, whether for the finding or introducing of a buyer or otherwise.

• Marginal note:Payment of fee prohibited

  2. No person, firm or corporation shall pay to any other person, firm or corporation any such fee or commission or advance of price for any such services.

• Marginal note:Affidavit when required

  3. The Board may require of any person, firm or corporation from whom it purchases land, or who is in any manner interested therein, the execution of an affidavit in form E in the schedule to this Act.

• Marginal note:Consequences of payment by or to any person of fee or commission

  4. If any such fee or commission or advance of price is paid by or to any such person, firm or corporation for any such services the following consequences shall ensue: —

  • (a) [Repealed, 2000, c. 34, s. 49]

  • (b) the fee or commission or advance in price paid may be recovered by the Board, by suit instituted in the name of the Board as agent of His Majesty, in any court having jurisdiction in debt to the amount involved, whether the transaction was one with respect to a sale or projected sale to the Board, as if such amount were a debt due to the Board, as aforesaid, and every person who participated in the receipt of any part of such amount shall be liable to pay to the Board the part of such amount actually received by him; and

  • (c) all such consequences shall have operation cumulatively.

• Marginal note:No officer, agent or employee to purchase, acquire or sell land which Board is authorized to deal with, or act as agent, or take commission Penalty

  5. No officer, agent or employee of or under the Board shall directly or indirectly, in his own name or in that of any other person, except by or under the authority of the Board, purchase, acquire or sell any land or other property of such character as the Board is authorized to purchase, acquire or sell under this Act from or to any settler who is indebted to the Board or whose application for an advance or to purchase any property from the Board is pending, nor shall such officer, agent or employee act as an agent or otherwise of any person in purchasing, acquiring, or selling or otherwise as aforesaid, nor receive any commission or compensation in connection therewith, and any officer, agent or employee violating the provisions of this subsection shall in addition to any criminal liability incurred pursuant to the provisions of this Act, be liable to summary dismissal on the order of the Board and the liability to or imposition of such penalty shall not affect the right which any person may have to bring against him any civil action.

63 [Repealed, 2000, c. 34, s. 50]

Marginal note:Regulations that Board may make

• 64  The Board may, with the approval of the Governor in Council, and subject to the provisions of this Act, make regulations, prescribing

  • (a) the manner in which entries for land and applications for loans or advances may be made;

  • (b) the conditions as to occupation or otherwise upon which free entries and patents for land may be granted and issued;

  • (c) the security to be given for loans or advances, the conditions subject to which loans or advances shall be made, and the manner and dates in and at which such loans or advances shall be repaid, including dates at which amortized or other payments shall be consolidated or commence;

  • (d) the manner and conditions in and upon which settlers may transfer their rights;

  • (e) the conditions subject to which lands may be acquired for the purposes of this Act;

  • (f) the manner in which lands acquired by the Board may be sold to settlers and others and the conditions as to occupation or otherwise upon which such lands may be sold;

  • (g) for priority of right as between applicants to purchase property or for soldier grants or for advances or loans on the security of property;

  • (h) as to the qualifications necessary in order to entitle settlers to the benefits or assistance or to any particular benefit or assistance under this Act, to the end that the settler may have a reasonable prospect of success as a farmer;

  • (i) forms of agreements, mortgages, notices and other documents necessary to the effective operation of this Act;

  • (j) advanced rates of interest to be paid by settlers who may be in default, such rates, however, not to exceed seven per centum per annum;

  • (k) the circumstances and procedure under which and whereby the Board may take over or repossess property in case of default made by settlers in the observance of the provisions of this or of the former Act or of any covenant or agreement made by settlers with the Board;

  • (l) authority and procedure for the inclusion within the expression “settler” of persons who, being otherwise qualified to be settlers, are not discharged from military or other service;

  • (m) with respect to blind or other partially but seriously incapacitated settlers, special provisions for assistance in settlement of small holdings or otherwise inclusive of the remission of interest in whole or in part;

  • (m.1) the appointment of persons to exercise or perform with respect to such matters as may be specified in the regulations any of the powers or duties conferred or imposed by this Act on the Board; and

  • (n) with respect to any other matter concerning which the Board deems regulations necessary for the execution of the purposes of this Act.

• 2. [Repealed, 1950, c. 50, s. 10]

Marginal note:Marks or brands to denote the Board’s ownership of property

• 65  The marks or brands specified in this section in that behalf may be applied in or on any property of the Board to denote the Board’s ownership or interest in such property; but the omission to apply any such mark or brand shall not affect such ownership or interest

  Marks appropriated for the use of the Soldier Settlement Board in marking its property
  Property	Marks or Brands
  Live stock	Upstanding broad arrow with its base abutting on lazy S. with or without any numerals in any order.
  Equipment	Broad arrow with its base abutting on lazy S.

• Marginal note:Applying of marks or brands by officers, agents, etc.

  2. It shall be lawful for the Board or its officers, agents, and workmen to apply such marks or brands, or any of them, in or on any such property.

• Marginal note:Unauthorized applying or destroying of marks or brands

  3. No person shall, without the authority of the Board, the proof of which shall lie on him, apply any of the said marks or brands in or on any property of the Board, nor take out, destroy or obliterate, wholly or in part, from any property, any of the said marks or brands.

• Marginal note:Unauthorized receiving, selling, etc., of property bearing marks or brands

  4. No person shall, without the authority of the Board, the proof of which shall lie on him, receive, possess, keep, sell or deliver any property bearing any marks or brands as aforesaid.

• Marginal note:Exemption from operation of provincial laws where ownership vested in Board

  5. Notwithstanding any law, whether statute or otherwise, in force in any province, authorizing or requiring the registration or recording of marks or brands, or prohibiting the use of any mark or brand which has not been registered, or prescribing any procedure to be followed in connection therewith, the use and application by the Board or any of its authorized officers or employees of the said marks or brands, shall not so long as any ownership or interest of or in the property affected is vested in the Board, be subject to or within the operations of such provincial laws.

Marginal note:Insurance of property in favour of Board by settler when indebted to Board Assignment or delivery of policy to Board

• 66  While a settler is indebted to the Board in connection with sale of land or other property to him by the Board, or while any sum remains unpaid upon the aggregate advances or payments made from time to time pursuant to the provisions of this Act or otherwise to or on behalf of the settler, and secured by or charged whether under this Act or otherwise, upon property, real, personal or other, of the settler, or upon the settler’s interest in any property, the Board may require that the settler shall insure in favour of the Board any property to the extent of its insurable value and shall assign and deliver over unto the Board, as the interest of the Board may appear, the policy or policies of insurance or receipt or receipts thereto appertaining, and deliver to the Board all receipts for taxes paid upon any such property, insured or otherwise.

• Marginal note:Payment of rates, taxes, insurance, etc., by Board in case of default on part of settler Amount added to purchase price and repayable at discretion of Board

  (2) Notwithstanding anything to the contrary in this Act if the settler fails or neglects to pay any lawful rates, taxes or assessments or to keep such property insured as aforesaid then it shall be lawful for the Board to pay such rates, taxes or assessments or to insure such property as aforesaid and all moneys so expended by the Board either before or after the enactment hereof, shall be repaid by the settler on demand with interest at the rate of five per centum per annum computed from the time of advancing the same, and in the meantime the amount of such payment shall be added to the purchase price of such property or shall become a part of the principal secured by any charge, lien or mortgage in favour of the Board, as the case may be, and may in the discretion of the Board be made repayable at the time appointed for the payment of the next instalment in connection with the account to which such indebtedness is charged.

Marginal note:Power to pay rates and taxes

66A Notwithstanding anything to the contrary in this Act the Director of Soldier Settlement may pay any lawful rates, taxes or assessments imposed in respect of any land held by the Director of Soldier Settlement not the subject of a contract of sale at the date of such imposition.

Marginal note:Settler’s account to be credited with certain reductions

• 67  Notwithstanding anything in this Act, in the case of any settler who has not repaid his indebtedness to the Board, or who has not abandoned his land, or whose agreement with the Board has not been terminated or rescinded, the Board shall credit his account with an amount, in reduction of his indebtedness to the Board, determined as follows: —

    Forty per cent of the purchase price of all live stock sold by the Board to the settler prior to the first day of October, 1920;

    Twenty per cent of the purchase price of all live stock sold by the Board to the settler on or after the first day of October, 1920, and prior to the first day of October, 1921.

• 2. The settler’s account shall be credited with the total amount, determined as aforesaid, as on the standard date in 1925.

Marginal note:Revaluation of land sold to settlers Conditions

68 Notwithstanding anything in this Act, a settler who is indebted to the Board in respect of an amount loaned to him by the Board under the former Act for and expended in the purchase of agricultural land or has agreed to purchase any land from the Board, who has not assigned or transferred his interest in his land, whose agreement with the Board has not been terminated or rescinded, who has not repaid his indebtedness to the Board, and who claims that there has been a depreciation in the value of such land not the result of neglect or mismanagement on his part, may make application for the revaluation of the said land subject to the following conditions: —

• Marginal note:Application to District Superintendent

  (a) application for revaluation shall be submitted to the District Superintendent of the Soldier Settlement Board for the district within which the said land is situate;

• Marginal note:Affidavits

  (b) the application shall be supported by a statutory declaration setting out

  • (i) the original purchase price of the land and the value of improvements effected since the establishment of the settler thereon, and

  • (ii) his belief as to present value of the land and his reasons therefor;

• Marginal note:How depreciation shall be computed

  (c) the depreciation in value to be determined shall be the amount by which, through no neglect or mismanagement on the part of the settler, the price at which the Board agreed to sell the land and improvements to the settler or the price under the former Act paid by the settler with the approval of the Board for the land and improvements exceeds the present value, and in determining the present value of the land, improvements made by the settler shall not be included: Provided that in any case where the actual sale price is greater than the maximum amount which under section sixteen of this Act may be advanced by the Board in the purchase of land on behalf of any settler, such maximum amount shall be deemed the sale price for the purposes of this section;

• Marginal note:Time for application

  (d) all applications for revaluation must be submitted to the Board prior to the first day of October, one thousand nine hundred and twenty-seven, except as otherwise provided by regulation;

• Marginal note:Board to determine depreciation in value Appeal to Federal Court

  (e) upon the receipt of an application made in accordance with the terms of this section the Board shall ascertain and determine the depreciation in value as set forth in paragraph (c) of this section; and if any applicant is dissatisfied with the decision of the Board he may within such time as is prescribed by regulations made by the Governor in Council, appeal to the Federal Court of Canada, and the decision of that Court shall be final;

• Marginal note:Expenditure

  (f) expenditures necessarily incurred by or in connection with the administration of this Act as may be provided by regulation, shall be paid out of moneys appropriated from time to time by Parliament to soldier land settlement;

• Marginal note:Credit to settler if depreciation found

  (g) where the decision shows that there has been depreciation as hereinbefore set forth in paragraph (c) in the value of the land and improvements which the Board agreed to sell to a settler, the Board, notwithstanding anything in this Act, shall credit the settler’s account as on the standard date in 1925 with the amount of depreciation as finally determined, and upon the settler’s account being so credited, the balance then owing by the settler for all purposes shall, at the discretion of the Board, be consolidated and deemed to be the settler’s total indebtedness and the total cost of the property may be amortized over the remaining period of the loan: Provided that the maximum amount which may be so credited to any settler shall in no case exceed the settler’s total indebtedness to the Board as at the time of the final determination of the amount of depreciation in value aforesaid;

• Marginal note:Regulations

  (h) the Board may with the approval of the Governor in Council, make such regulations as may be necessary for the purposes of this section;

• Marginal note:Procedure in appeals

  (i) the Governor in Council may make such regulations as he deems fit for the procedure in appeals to the Federal Court under this section, and may by such regulations modify or dispense with any provisions as to procedure in the Federal Court Act or in the rules of practice of that Court, and all such regulations made shall be published forthwith in the Canada Gazette;

• Marginal note:Reinstatement of settler in certain cases

  (j) notwithstanding anything in this Act, in the case of any settler whose agreement with the Board has been terminated or rescinded and who is desirous of repurchasing the land which he agreed to purchase from the Board may, provided the land has not been otherwise disposed of, reinstate the settler in such rights with respect to the land as he had prior to the termination or rescission of his agreement and extend to him the benefits of this section from which he would otherwise be debarred by reason of the termination or rescission of his agreement.

Marginal note:Rescission of agreement subject to order of court

• 69 (1) Notwithstanding anything in this Act, on or after the first day of July, 1930, in any case where the Board, before exercising as against the land the right of rescission of the agreement with any settler who is in default, gives to the settler the statutory notice as required by this Act of its intention to do so, no rescission of the agreement shall take place where, within the period set forth in the notice, the settler advises the Board in writing of his opposition to the proposed action, or where the Board has otherwise reasons to believe that a dispute may arise, unless an order of a County or District Court Judge is issued declaring the rescission of his agreement warranted.

• Marginal note:Regulations

  (2) The Governor in Council may make such regulations as he deems fit for the procedure in applications to a District or County Court Judge for an order under this section, and may by such regulations modify and dispense with any provisions as to procedure which might otherwise affect such application, or in the rules and practice of any such Court, and all such regulations shall be published forthwith in the Canada Gazette.

Marginal note:Credit of 30% to settler’s account When application for revaluation not disposed of Maximum not to exceed total indebtedness

70 Notwithstanding anything in this Act, in the case of any settler qualified and established upon the land in accordance with the provisions of this Act and regulations thereunder, who has not abandoned his land and whose agreement with the Board has not been terminated, rescinded or assigned, the Board shall credit the settler’s account as on the standard date in 1929 with an amount equal to thirty per cent of the settler’s indebtedness to the Board as on that date; provided that in the case of any such settler whose application for revaluation under section sixty-eight of this Act has not been finally disposed of, the settler’s indebtedness as on the said standard date shall for the purposes of this section be deemed to be the amount owing by him to the Board as on the said standard date less the amount of the depreciation in the value of the land, if any, determined as provided by section sixty-eight of this Act; provided further that the maximum amount which may be so credited to any settler in accordance with the provisions of this section shall in no case exceed the settler’s total indebtedness to the Board.

Marginal note:Board’s rights in live stock to be released Exceptions

71 Notwithstanding anything in this Act, on or after the fifteenth day of June, 1930, in the case of any settler holding under purchase from the Board any live stock to which the Board retains title pending the completion by the settler of the payment of balance of the purchase price thereof, or on which the Board has a charge, lien, or other encumbrance as the result of any advances made to the settler pursuant to the provisions of this Act, the Board’s right, title and interest in such live stock shall be released by the Board in favour of the settler; provided that such release shall in no way relieve the settler from the payment by him to the Board of the balance of the purchase price of such live stock remaining unpaid together with accrued interest, or from the repayment of any amount secured by a lien, charge or other encumbrance against such live stock; provided further that no such release of title shall be made in favour of the settler where the settler has with the Board’s consent assigned his interest in such live stock to another party to whom the Board is obligated to deliver clear title upon the fulfilment by such party of certain obligations to the Board.

Marginal note:Certain interest charges remitted Application of payments made

72 All interest charges which accrued under this Act during the twelve months immediately preceding the standard date in 1932, other than in respect of any contract between the Director and any person under and by virtue of an agreement between His Majesty’s Secretary of State for the Colonies and the Government of the Dominion of Canada and bearing date the twentieth day of August, 1924, are remitted, and any payment heretofore made in respect thereof shall be applied toward reduction of principal indebtedness.

Marginal note:Time extended for credit on payments of arrears

• 73 (1) Any settler or person indebted in respect of any contract or agreement made prior to the first day of January, 1933, under the provisions of this Act, who after the thirty-first day of March, 1933, makes payment on or before the thirty-first day of March, 1941, in respect of any arrears due and payable before the first day of April, 1938, shall, subject to the provisions of this section, receive credit toward payment of such arrears for a further sum equal to the payment made.

• Marginal note:Limitation

  (2) No such additional credit shall be accorded in respect of moneys the proceeds of alienation of any property charged under this Act or of fire insurance or due as the cash down payment under any agreement for sale of land.

• Marginal note:Evidence satisfactory to Director must be produced

  (3) Any such credit shall be accorded only upon production to the Director of evidence satisfactory to him that any fire insurance premium payable and all taxes imposed in respect of such person’s interest in the land charged under this Act during the then current year in the case of payment of arrears or the year or years in respect of which payment is made in the case of instalments have been paid or made the subject of arrangement.

• Marginal note:Exceptions

  (4) This section shall not apply to any person indebted under a contract between him and the Director under or by virtue of an agreement between His Majesty’s Secretary of State for the Colonies and the Government of the Dominion of Canada mentioned in section seventy-two of this Act until the consent thereto of His Majesty’s Government of Great Britain has been obtained as hereinafter provided, or to a settler or person in respect of land held under this Act by virtue of a lease.

Marginal note:By consent of British Government, Director may apply certain provisions to British settlers

74 Upon the consent of His Majesty’s Government of Great Britain to bear the loss thereby occasioned in the proportion specified in the agreement between His Majesty’s Secretary of State for the Colonies and the Government of the Dominion of Canada mentioned in section seventy-two of this Act, the Director shall apply mutatis mutandis the provisions of section seventy, seventy-two and seventy-three of this Act to any person indebted under a contract for purchase of land entered into with the Director under and by virtue of such agreement.

Marginal note:Director’s rights in equipment to be released Exceptions

75 Notwithstanding anything in this Act, on or after the thirty-first day of March, 1933, in the case of any settler holding under purchase from the Director any equipment to which the Director retains title pending the completion by the settler of the payment of balance of the purchase price thereof, or on which the Director has a charge, lien, or other encumbrance as the result of any advances made to the settler pursuant to the provisions of this Act, the Director’s right, title and interest in such equipment shall be released by the Director in favour of the settler; provided that such release shall in no way relieve the settler from the payment by him to the Director of the balance of the purchase price of such equipment remaining unpaid together with accrued interest, or from the repayment of any amount secured by a lien, charge or other encumbrance against such equipment; provided further that no such release of title shall be made in favour of the settler where the settler has with the Director’s consent assigned his interest in such equipment to another party to whom the Director is obligated to deliver clear title upon the fulfilment by such party of certain obligations to the Director.

Marginal note:Reduction of interest rate in case of a settler, veteran of two wars R.S., c. 157

76 In any case where

• (a) a person is indebted in respect of any agreement made under this Act;

• (b) a person has not abandoned his land;

• (c) the agreement has not been terminated, rescinded or assigned;

• (d) a person at any time during the war that commenced in September, one thousand nine hundred and thirty-nine

  • (i) was engaged on active service in a naval, military or air force of Canada; or

  • (ii) was engaged on active service in any of His Majesty’s forces and at the time of his enlistment therein was ordinarily domiciled or resident in Canada;

• (e) a person either

  • (i) served in a theatre of actual war as designated by the Governor in Council under the authority of the Pension Act; or

  • (ii) served only in those parts of Canada that are not so designated by the Governor in Council as a theatre of actual war, for a period of not less than twelve months; or

  • (iii) is by reason of disability incurred as a result of such service in receipt of a pension; and

• (f) a person has been honourably discharged from the force in which he was so engaged or has been permitted honourably to resign or retire therefrom;

the rate of interest that may be charged in respect of any such agreement after the standard date in the year one thousand nine hundred and forty-two or the date of his enlistment in such force, whichever is the earlier, shall be three and one-half per centum per annum.

Marginal note:Reduction of interest rate in case of other settlers

77 In any case where a settler has not abandoned his land and his agreement made under this Act has not been terminated, rescinded or assigned, the rate of interest that may be charged in respect of any such agreement after the standard date in the year one thousand nine hundred and forty-four shall be three and one-half per centum per annum.