PART IISales and Advances to Settlers (continued)
Resale upon Default (continued)
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.
- 1919, c. 71, s. 23
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.
- 1919, c. 71, s. 24
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.
- 1919, c. 71, s. 25
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.
- R.S., 1927, c. 188, s. 26
- 1928, c. 48, s. 1
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.
- 1919, c. 71, s. 27
- 1922, c. 46, s. 5
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.
- 1919, c. 71, s. 28
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.
- R.S., 1927, c. 188, s. 29
- 1932, c. 53, s. 2
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.]
- 1919, c. 71, s. 30
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.
- 1919, c. 71, s. 31
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.
- 1920, c. 19, s. 4
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.
- 1919, c. 71, s. 33
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.
- 1919, c. 71, s. 34
PART IIICompulsory Purchase of Lands
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.
- 1919, c. 71, s. 35
- Date modified: