PART IIICompulsory Purchase of Lands (continued)
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.
- 1919, c. 71, s. 50
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.
- 1919, c. 71, s. 51
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.
- 1919, c. 71, s. 52
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.
- 1919, c. 71, s. 53
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.
- 1919, c. 71, s. 54
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.
2. Every Commissioner of the Board shall have, ex officio in aid of the execution of the same purposes, like powers.
- 1919, c. 71, s. 55
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]
- R.S., 1927, c. 188, s. 56
- 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.
- 1919, c. 71, s. 57
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.
- 1919, c. 71, s. 58
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.
- 1919, c. 71, s. 59
- 1920, c. 19, s. 5
- 1922, c. 46, s. 1
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.
- 1922, c. 46, s. 3
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.
- R.S., 1927, c. 188, s. 61
- 1931, c. 53, s. 5
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.
- R.S., 1927, c. 188, s. 62
- 2000, c. 34, s. 49
- Date modified: