Soldier Settlement Act (R.S.C. 1927, c. 188)
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Act current to 2023-05-17
PART I (continued)
Reservation and Acquirement of Lands and Other Property (continued)
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.
- 1919, c. 71, s. 12
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.
- 1919, c. 71, s. 13
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.
- 1919, c. 71, s. 14
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.
- 1919, c. 71, s. 15
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.
- 1919, c. 71, s. 16
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.
- 1919, c. 71, s. 17
- 1920, c. 19, s. 3
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.
- 1919, c. 71, s. 18
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.
- 1919, c. 71, s. 19
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.
- 1919, c. 71, s. 20
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.
- 1919, c. 71, s. 21
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.
- 1932, c. 53, s. 1
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.
- R.S., 1927, c. 188, s. 22
- 1934, c. 41, s. 3
- Date modified: