PART ILand Settlement Assistance (continued)
Insurance and Taxes (continued)
Marginal note:Veterans’ group insurance
19 (1) Where a veteran or a survivor of a veteran is indebted to the Director in connection with the sale of land or other property to the veteran or deceased spouse or common-law partner of the survivor, in connection with any mortgage or hypothec taken under section 17 or 17.1, or in connection with any loan made under Part III, the Director may, with the approval in writing of the veteran or survivor, enter into a group insurance contract on behalf of the veteran or survivor on such terms as the Director deems appropriate, insuring the life of the veteran or the spouse, common-law partner or survivor of the veteran in an amount sufficient to provide for the repayment to the Director of not less than fifty per cent of the amount of such indebtedness.
Marginal note:Director may pay insurance premiums, etc.
(2) The premiums payable under any group insurance contract entered into under subsection (1) shall be assessed by the Director against those veterans and survivors on whose behalf the contract was entered into and if any such veteran or survivor fails or neglects to pay any premium so assessed in respect of him or her, the Director may pay the premium on behalf of the veteran or survivor and any amount so expended by the Director shall be repaid by the veteran or survivor on demand with interest from the time the amount was so expended at the rate or rates in effect for the purpose of this subsection at that time, and, until so repaid, shall be added to the sale price of or amount outstanding on the land or other property referred to in subsection (1), or to the amount of the mortgage or hypothec referred to in that subsection, as the case may be, and shall become part of the principal.
Marginal note:Definition of survivor
(3) In this section, survivor, in relation to a veteran, means the surviving spouse or surviving common-law partner of that veteran.
- R.S., 1970, c. V-4, s. 19
- 1980-81-82-83, c. 78, s. 5
- 2000, c. 12, s. 312
Marginal note:Director may enter into an agreement to collect and pay taxes
20 (1) Where a veteran is indebted to the Director in connection with a sale of land or other property to him, in connection with any mortgage or hypothec taken under section 17 or 17.1, or in connection with any loan made under Part III, the Director may enter into an agreement with the veteran on such terms as the Governor in Council may prescribe providing
(a) for the payment by the Director of rates, taxes or assessments in respect of such land or other property;
(b) for the payment by the veteran to the Director of such amount or amounts as may be required, in the opinion of the Director, to provide him with sufficient funds to make payment of such rates, taxes or assessments as they become due and payable; and
(c) for the adjustment of any surplus or deficiency in relation to such rates, taxes or assessments in the amount collected by the Director from the veteran under paragraph (b).
Marginal note:The Director may pay taxes, etc., on arrears
(2) Where no agreement is entered into under subsection (1) between the veteran and the Director and the veteran fails or neglects to pay any lawful rates, taxes or assessments due in respect of property in which the Director has under this Act any interest, the Director may pay such rates, taxes or assessments and all moneys so expended by the Director shall be repaid by the veteran on demand with interest computed from the time of such payment by the Director at the rate or rates in effect for the purpose of this subsection at that time, and until so repaid the amount of such payment shall be added to the sale price of or amount outstanding on such property or shall become a part of the principal secured by any charge, mortgage or hypothec in favour of the Director, as the case may be; failure of the veteran to repay the amount of such payment on demand constitutes a default warranting rescission under section 22.
- R.S., 1970, c. V-4, s. 20
- 1980-81-82-83, c. 78, s. 6
Marginal note:Consent of review committee
21 The Director shall not rescind an agreement of sale under subsection 22(1) unless a review committee established under section 21.1 consents to the rescission of that agreement.
- R.S., 1970, c. V-4, s. 21
- 1974-75-76, c. 48, s. 25
- 1978-79, c. 11, s. 10
- 1984, c. 41, s. 2
- 1986, c. 35, s. 14
- 1988, c. 49, s. 2
- 1990, c. 16, s. 23, c. 17, ss. 42, 47
- 2000, c. 34, s. 60
21.1 (1) A review committee shall consist of three persons appointed in accordance with this section.
Marginal note:Appointment by Director
(2) The Director shall appoint one member of the review committee.
Marginal note:Appointment by Royal Canadian Legion
(3) The Director shall, in writing, request the Royal Canadian Legion, or any successor to it, to appoint one member of the review committee within thirty days after receipt of the request.
Marginal note:Appointment of Chairperson
(4) The two members of the review committee appointed under subsections (2) and (3) shall, within thirty days after the appointment of the second member, appoint a third member as the Chairperson of the review committee.
Marginal note:Appointment if default
(5) If no member is appointed under subsection (3) or no Chairperson is appointed under subsection (4), the Director shall, after consulting with the chief justice of the province in which the property in question is situated, appoint as Chairperson of the review committee a judge of the superior court of that province. If no member was appointed under subsection (3), the Chairperson appointed under this subsection shall appoint that member.
(6) If a vacancy occurs in the membership of a review committee, the vacancy shall be filled by appointment in accordance with the provision of this section governing the appointment of the person in respect of whom the vacancy arose.
Marginal note:Allowances to members
(7) The members of a review committee shall be paid any daily or other allowance with respect to the performance of their duties under subsection 21.2(2) that the Minister may fix.
- 2000, c. 34, s. 60
Marginal note:Reference to review committee
21.2 (1) Without delay after the establishment of a review committee, the Director shall
(a) refer to the review committee the Director’s proposed rescission of the agreement in question under subsection 22(1); and
(b) notify the veteran concerned of the establishment of the review committee and of the names of its members.
(2) The review committee shall review the proposed rescission referred to it and shall
(a) consent or refuse to consent to the proposed rescission; or
(b) establish remedial conditions to be complied with by the veteran concerned which, if not complied with, may result in the rescission of the agreement.
(3) A review committee may determine its own procedure, but shall give the Director and the veteran concerned a full opportunity to present evidence and make representations.
- 2000, c. 34, s. 60
Rescission and Resale Upon Default
Marginal note:Director may rescind agreement in case of default
22 (1) If any instalment mentioned in any agreement of sale under this Part is not punctually paid or if the veteran makes any other default in performance of the terms of such agreement, the Director may, subject to section 21, without any formal re-entry or retaking and without resort to proceedings in equity or at law, rescind such agreement.
Marginal note:Rescission or termination with consent
(2) The Director may, with the consent of the veteran and without giving the notice required by subsection (4), rescind any agreement of sale under this Part or otherwise terminate any contract made with the veteran under this Part.
Marginal note:Property vested in Director
(3) The effect of a rescission of an agreement of sale pursuant to subsection (1) or (2) is
(a) to vest the property in question in the Director absolutely free and discharged of all rights and claims of the veteran and of all persons claiming or entitled to claim through or under the veteran, for any estate in, or lien, charge or encumbrance upon or against the property; and
(b) to empower the Director to resell or otherwise deal with the property as authorized by this Part.
Marginal note:Notice before rescission
(4) Before exercising as against land the rights given by this section, the Director shall give to the veteran notice of his intention to do so, which notice shall be deemed duly given if mailed in any post office by registered letter addressed to the veteran at his latest address known to the Director thirty clear days before the Director acts hereunder.
- R.S., 1970, c. V-4, s. 22
- 2000, c. 34, s. 61
Marginal note:Disposal of property
23 The Director may dispose of any property to a veteran, or with the approval of the Minister to any other person, at a price not less than the cost to the Director of that property.
- 1965, c. 19, s. 9
Marginal note:Surplus paid to veteran
24 (1) Subject to subsections (1.1) to (1.3), where a contract made by the Director with a veteran under this Part is rescinded or otherwise terminated and the property to which the contract relates is sold by the Director for more than the amount owing under the contract, the surplus shall be paid by the Director to the veteran, but in the case of any such sale on a term basis under an agreement of sale, the surplus shall be paid by the Director to the veteran at such time as the Director determines such payment to be warranted having regard to the amount then owing to him in respect of that property.
Marginal note:Surplus paid into court
(1.1) Where the Director has notice of an unsatisfied court order or judgment obtained against the veteran for the recovery or payment of money or of an unsatisfied court order or judgment referred to in section 37 obtained against the veteran, the Director may pay into court the surplus referred to in subsection (1) or such part thereof as would satisfy the order or judgment and related costs.
Marginal note:Remainder of surplus paid to veteran
(1.2) Where the Director pays less than the total surplus into court pursuant to subsection (1.1), he shall pay the remainder of the surplus to the veteran.
Marginal note:Time of payment
(1.3) Notwithstanding subsections (1.1) and (1.2), where the property referred to in subsection (1) is sold on a term basis under an agreement of sale, the surplus may be paid in accordance with subsections (1.1) and (1.2) at such time as the Director determines such payment to be warranted having regard to the amount then owing to him in respect of that property.
Marginal note:How surplus calculated
(2) For the purposes of subsection (1) the amount owing under the contract is the aggregate of
(a) the amount that the veteran would have been required to pay for a transfer, conveyance or discharge of mortgage or hypothec at the date of the rescission or other termination of the contract;
(b) the amount of any refund made to the veteran pursuant to subsection (3);
(c) taxes and costs of insurance and repairs paid or incurred with respect to such property by the Director since the date of rescission or other termination;
(d) costs incurred by the Director since the date of the rescission or other termination in taking over, maintaining and reselling the property;
(e) interest from the date of rescission or other termination of the contract on so much of the amounts set out in paragraphs (a) and (b) as consists of principal at the rate or rates that would have been payable thereon under the contract had the contract not been rescinded or otherwise terminated; and
(f) interest on the amounts set out in paragraphs (c) and (d) from the time the amounts were paid or incurred by the Director at the rate or rates in effect for the purpose of this paragraph at the time the contract was rescinded or otherwise terminated;
minus any income derived by the Director from the property since the date of the rescission or other termination.
Marginal note:Refunding of initial down payment
(3) Where the contract between the Director and a veteran was rescinded or otherwise terminated and it is established to the satisfaction of the Director that
(a) the property described therein did not deteriorate in value owing to wilful neglect by the veteran during his occupancy, and
(b) failure of the veteran to observe the terms of his contract was due to his physical disability, or ill-health of his family, or his general unfitness to farm, or the unsuitability of the property, and that as a consequence thereof the veteran is in necessitous circumstances,
the Director may, with the approval of the Governor in Council, refund to the veteran his initial down payment in whole or in part.
Marginal note:Sale of livestock, etc.
(4) In the event of any sale by the Director, pursuant to an agreement entered into by him with a veteran for the making of a grant under subsection 45(3), of any livestock, machinery or equipment referred to in paragraphs 45(4)(c) to (g), any amount by which the amount realized by the Director in respect of that sale exceeds
(a) the cost to the Director of the livestock, machinery or equipment, and
(b) any loss sustained by the Director in respect of the land to which that agreement relates,
shall be paid by the Director to the veteran.
- R.S., 1970, c. V-4, s. 24
- 1980-81-82-83, c. 78, s. 7
Leasing and Other Disposition of Property
Marginal note:Director may lease land
25 Any land or other property purchased or held by the Director may, pending sale, or re-sale, as the case may be, be leased by the Director or otherwise dealt with upon terms satisfactory to the Minister.
- R.S., 1952, c. 280, s. 22
Amended Sale Price
Marginal note:Amended sale price
26 (1) If the Director deems that any property acquired by him cannot or ought not to be sold subject, whether as to sale price or otherwise, to the provisions of section 11, 13 or 23, he shall report to the Minister the circumstances, with a statement of the cost of such property, and shall recommend another sale price or other terms of sale, after which any sale of such property may be made for such sale price, or upon such terms, as the Governor in Council may approve, and for the purposes of sections 11, 13 and 24 the cost to the Director shall be deemed to be the sale price so approved.
Marginal note:Prior contracts not invalid
(2) Any contract for the sale of land made by the Director in accordance with an order of the Governor in Council prior to the 10th day of December 1949 is hereby ratified, and for the purposes of sections 11 and 24 the cost to the Director of the land shall be deemed to be the cost price to the Director of the land as stated in the contract.
- R.S., 1952, c. 280, s. 23
Marginal note:Sale on new terms
27 Notwithstanding anything in this Act, where a veteran with whom the Director has a subsisting contract under section 11 or 26 notifies the Director that he does not wish to be bound by the provisions of the contract respecting residence or personal operation of the property to which the contract relates, the Director may terminate that contract and enter into another contract with the veteran for the sale of that property for an amount equal to the outstanding indebtedness of that veteran to the Director under this Act, with interest at the rate prescribed by regulation of the Governor in Council and on such other terms and conditions as may be agreed on by the veteran and the Director.
- R.S., 1970, c. V-4, s. 27
- 1980-81-82-83, c. 78, s. 12
Sales for Special Purposes
Marginal note:Conditions for sale
28 The Director may sell any land that is at his disposal for sale,
(a) as a site for a dairy factory, cheese factory, fruit preserving factory, or creamery, or for any educational, religious or charitable purpose, or for any other purpose in the public interest, or
(b) to any provincial or municipal authority for any purpose.
- R.S., 1952, c. 280, s. 24
- Date modified: