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Veterans’ Land Regulations (C.R.C., c. 1594)

Regulations are current to 2022-05-02

Veterans’ Land Regulations

C.R.C., c. 1594

VETERANS’ LAND ACT

Regulations Made Pursuant to the Veterans’ Land Act

Short Title

 These Regulations may be cited as the Veterans’ Land Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

    Act means the Veterans’ Land Act; (Loi)

    authorized officer

    authorized officer means an officer of the Director authorized by the Director to examine applications to participate in the benefits of the Act and to recommend as to the qualifications of a veteran and the suitability of property for settlement purposes; (fonctionnaire autorisé)

    certified veteran

    certified veteran means a veteran to whom a subsisting qualification certificate has been issued; (ancien combattant titulaire d’un certificat d’admissibilité)

    Director

    Director means The Director, The Veterans’ Land Act; (Directeur)

    district manager

    district manager means the officer in charge of a district office of the Director and includes any person authorized by the Director to act on behalf of that officer; (gérant de district)

    Minister

    Minister means the Minister of Veterans Affairs; (ministre)

    Provincial Advisory Board

    Provincial Advisory Board means a provincial advisory board appointed pursuant to section 21 of the Act; (conseil consultatif provincial)

    qualification certificate

    qualification certificate means a certificate certifying that a veteran is qualified to participate in the benefits of the Act; (certificat d’admissibilité)

    Regional Advisory Committee

    Regional Advisory Committee means a regional advisory committee appointed pursuant to section 44 of the Act; (comité consultatif régional)

    regional director

    regional director means the officer of the Director in a region who is charged with the administration of the several districts comprising the region and includes any person authorized by the Director to act on behalf of that officer. (directeur régional)

  • (2) For the purposes of the Act and these Regulations,

    agricultural value

    agricultural value, in relation to land, means the market value of the land or such lesser amount as the Director may determine taking into account the income of the veteran occupying the land; (valeur agricole)

    basic herd livestock

    basic herd livestock means female cattle, sheep or swine of a breeding age with or without an appropriate complement of male stock and may include

    • (a) in the case of cattle, up to a normal two-year progeny, and

    • (b) in the case of sheep, up to a normal one-year progeny; (animaux de ferme d’un troupeau de base)

    economic farm unit

    economic farm unit means a farm enterprise that will, in the opinion of the Director, provide sufficient income after operating expenses are paid to

    • (a) provide a reasonable livelihood for a veteran and those members of his family living with him, and

    • (b) repay the indebtedness of the veteran to the Director in accordance with the terms of the contract between them; (unité agricole économique)

    farm equipment

    farm equipment means the work horses, tools, equipment, implements and machinery normally used in the operation of a farm that are not affixed to the land; (outillage agricole)

    farm land

    farm land means land suitable for agriculture and includes

    • (a) buildings affixed to the land,

    • (b) apparatus, appliances and machinery normally used in the operation of a farm that are affixed to the land,

    • (c) a revenue-producing wood lot of a size that may be operated as part of a farm unit, and

    • (d) permanent plantings of fruit trees and grapevines. (terre ou bien-fonds agricole)

  • (3) For the purposes of subparagraphs 53(a)(iii) and (iv) of the Act, “circumstances beyond the control of the veteran” means

    • (a) the transfer of the veteran’s place of employment to another area;

    • (b) the inability of the veteran to secure employment in the area of his place of residence;

    • (c) ill-health of the veteran or his family;

    • (d) the land having been required and taken for public purposes; or

    • (e) existing housing accommodation that is, in the opinion of the Director, not suitable for the veteran and his family.

  • (4) For the purposes of subsection 55(3) of the Act, “circumstances beyond the control of the veteran” means

    • (a) the transfer of the veteran’s place of employment to another area;

    • (b) the inability of the veteran to secure employment in the area of his place of residence;

    • (c) ill-health of the veteran;

    • (d) ill-health of the veteran’s family necessitating the transfer of residence to another area;

    • (e) deficiencies or other disadvantages disclosed or developing subsequent to the commencement of construction that, in the opinion of the Director, rendered the land unsuitable; or

    • (f) the land having been required and taken for public purposes.

Application for Certificate

 A veteran who wishes to be certified as qualified to participate in the benefits of the Act shall submit to the Director, through the nearest office of the Director, an application for certification in writing, in such form and containing such information as the Director may from time to time determine.

Eligibility for Benefits

  •  (1) In determining the eligibility of a veteran with service in the Western hemisphere only to be certified, the 12 months active service required by paragraph (b) of the definition veteran in section 2 of the Act shall be calculated in days and 365 days active service constitutes 12 months active service.

  • (2) Time spent by a veteran in professional training in the faculty of medicine or dentistry in any university or in any hospital prior to appointment to a unit as a commissioned officer pursuant to Canadian Army Routine Orders Nos. 3202 and 3343, as amended, shall not be counted as active service under the Act.

  •  (1) No veteran is eligible for benefits under the Act in respect of service in the naval, army or air forces of Her Majesty subsequent to

    • (a) the day of his acceptance as a member of the regular forces, if he was so accepted after March 31, 1946;

    • (b) March 31, 1946, if on that day he was a member of the regular forces serving on active service; or

    • (c) March 31, 1946, if he volunteered and was accepted for service in the naval, army or air forces of Canada for a special period terminating on or after September 30, 1947, unless he was serving on overseas service on August 31, 1945, and remained continuously on the strength of an establishment, unit or ship on overseas service, in which case he is eligible for benefits in respect of all such service.

  • (2) A veteran eligible for benefits under the Act is eligible for benefits under the Act in respect of all of his full-time service, if he was not accepted as a member of the regular forces or was not accepted for service in the naval, army or air forces of Canada for a special period terminating on or after September 30, 1947.

  • (3) For the purposes of subsection (1), “overseas service” has the same meaning as it has in the War Service Grants Act.

Qualification of Veteran

 An applicant for a qualification certificate shall submit reasonable evidence that

  • (a) he is personally fit and able to carry on the occupation by which he proposes to gain his livelihood;

  • (b) by reason of his character, habits, knowledge and experience, he is capable of carrying on that occupation successfully;

  • (c) he understands the financial responsibility required by the Act; and

  • (d) in all other respects, including availability of initial capital, he is qualified to participate in the benefits of the Act.

 A qualification certificate shall not be issued to a veteran who intends to carry on full-time farming operations unless, in the opinion of the district superintendent, the veteran has had two years satisfactory farming experience, prior to the date of his application, in the operation and management of the type of farm the veteran proposes to operate.

Consideration of Applications

 An application for a qualification certificate shall be considered by an authorized officer or a Regional Advisory Committee, and where it is first considered by an authorized officer, it may be referred to a Regional Advisory Committee for further consideration.

 Upon request, an applicant and his spouse shall appear in person before the authorized officer or the Regional Advisory Committee to furnish such further or other information as may be required.

Recommendation

  •  (1) Where, in the opinion of an authorized officer or a Regional Advisory Committee, a veteran is qualified to participate in the benefits of the Act, that officer or the Regional Advisory Committee shall recommend to the regional director that a qualification certificate be issued to the veteran and indicate the type of establishment for which the veteran is qualified.

  • (2) Where, in the opinion of an authorized officer or a Regional Advisory Committee, a veteran is not qualified to participate in the benefits of the Act, that officer or Regional Advisory Committee shall so inform the regional director stating in his recommendation the reasons why the veteran is not so qualified and any conditions under which application for a qualification certificate will be reconsidered.

 The Director may, upon the recommendation of a regional director, authorize a district manager to receive the recommendation of an authorized officer or a Regional Advisory Committee and to act on the recommendation in lieu of a regional director.

Qualification Certificate

 A qualification certificate, in the form prescribed by the Director, indicating the province or region to which it applies and the type of settlement to which it relates may be issued to any veteran who is eligible and qualified to participate in the benefits of the Act.

  •  (1) The Director may at any time review a qualification certificate and may cancel that qualification certificate if

    • (a) in his opinion,

      • (i) the circumstances have altered to such an extent that had those altered circumstances existed at the time the veteran applied for a qualification certificate, the certificate would not have been issued, or

      • (ii) circumstances that existed at the time the certificate was issued are such that had they been known to the Director at that time the certificate would not have been issued;

    • (b) the veteran informs the Director in writing that he no longer wishes to retain his certificate; or

    • (c) an application by the veteran for a sale, advance, loan or grant under Part I of the Act was not received by the Director on or before March 31, 1975 and the veteran has not a subsisting contract with the Director on March 31, 1975.

  • (2) A qualification certificate becomes void upon a notification of cancellation being mailed to the veteran at his last address known to the Director.

Application for Assistance

  •  (1) A certified veteran may apply for assistance under the Act by filing an application therefor in writing in the form prescribed by the Director with the office of the Director nearest the land in respect of which the assistance is sought.

  • (2) An application for assistance shall be supported by the full cash deposit required by the Act.

 An authorized officer or Regional Advisory Committee may require an applicant for assistance and his spouse to appear in person before him or it, whether or not the veteran and his spouse have already appeared before a different authorized officer or Regional Advisory Committee for examination.

 Every applicant for assistance under the Act shall complete a declaration in writing that

  • (a) he or his agent has personally inspected and thoroughly examined the land with respect to which the application is made;

  • (b) he is satisfied that such land is suitable for the purpose for which it is intended to be used; and

  • (c) he understands and agrees that approval to purchase does not constitute a warranty or guarantee of any kind whatsoever by the Director as to the condition of the property or the suitability of the property for the purpose for which it is intended to be used.

 An application made under Part I or III of the Act that involves acquisition of land by the Director may, after inspection and appraisal by an officer of the Director of the land to which the application for assistance relates, be referred to the Regional Advisory Committee for consideration.

  •  (1) After determining whether the assistance applied for is intended for the purposes authorized by the Act, and taking into account the inspection and appraisal report and the suitability of the land for the settlement of the veteran, an authorized officer or Regional Advisory Committee shall make a recommendation to the regional director as to whether, in the opinion of the authorized officer or the Committee, the application should be approved or rejected, together with such other recommendations as the authorized officer or the Committee may see fit to make.

  • (2) A recommendation referred to in subsection (1) shall be sent to the regional director together with the application form, the report of inspection and appraisal and all other relevant documents.

Approval of Application

  •  (1) The approval of purchase or sale of property and the approval of construction authorized by the Act shall

    • (a) be given in writing, in the form prescribed by the Director, over the signature of the regional director; and

    • (b) specify the amounts approved, the purposes for which the amounts are approved and the terms of repayment.

  • (2) In no event shall the total loan and advances approved on the veteran’s behalf exceed the veteran’s capacity to repay as estimated by the Director.

Establishment of Land Value

  •  (1) In establishing the value of land for the purposes of section 17 of the Act, the Director may take into account the value that permanent improvements to be effected under that section may add to the value of the land.

  • (2) In establishing the market value of land, the Director may take into account the value that permanent improvements effected by the Director may add to the value of the land.

Standard Dates

 The standard dates for payments are

  • (a) November 1st in each year in the case of annual instalments;

  • (b) May 1st and November 1st in each year in the case of semi-annual instalments; and

  • (c) the 1st or the 15th of each month as may be determined by the Director, in the case of monthly instalments.

Execution of Documents

 No assistance shall be provided under the Act except under the supervision of the Director or an officer authorized to act for him and unless the veteran has executed such documents as may be required by the Act or by the Director.

Minimum Area

  •  (1) Subject to subsection (2), financial assistance for the establishment of a veteran under section 11 of the Act may be approved only in respect of land that is at least 1/2 acre in area and that, in the opinion of the Director, is suitable for part-time farming purposes.

  • (2) The Director, in his discretion, may waive the requirements of subsection (1) in respect of

    • (a) a qualified applicant who is in receipt of a disability pension of 50 per cent or more or who, in the opinion of a medical officer of the Canadian Pension Commission, has a permanent impairment of his health that may reasonably be equated with a pensionable disability of 50 per cent or more;

    • (b) a commercial fishing establishment;

    • (c) a lot of less than 1/2 acre in area forming part of lands subdivided by the Director for the establishment of veterans under Part I of the Act; and

    • (d) a lot that could be approved under subsection (1) except that it is smaller than 1/2 acre by not more than 20 per cent.

Cancellation of Approval

 The Director may at any time review an approval for assistance and may cancel that approval for assistance at any time before the whole of the assistance has been disbursed if,

  • (a) in his opinion,

    • (i) the circumstances have altered to such an extent that, had those altered circumstances existed at the time approval for assistance was given to the veteran, that approval would not have been given, or

    • (ii) circumstances that existed at the time approval for assistance was given to the veteran are such that, had they been known to the Director at that time, that approval would not have been given; or

  • (b) the veteran informs the Director that he no longer wishes to receive such assistance.

 Where, subsequent to the date of approval by the Director of an application for assistance by a veteran and before the contract related thereto is entered into, there is a decline in the interest rate in effect for the purpose of subsection 76(1) of the Act, the Director may cancel that approval and may approve the application at any lesser rate of interest in effect at any time between the original date of approval and the date the contract is entered into.

Livestock, Farm Equipment or other Chattels

 The Director shall not sell to a veteran or make advances to a veteran for livestock, farm equipment or other chattels for which there is not a reasonable need.

  •  (1) The Director shall not approve the disbursement of more public funds than $100 per tillable acre for the purchase of livestock or farm equipment for a veteran certified as qualified to participate in part-time farming.

  • (2) Where deletions have been allowed in a contract for the construction of a house for a veteran described in subsection (1), the Director shall not approve the disbursement of any public funds for the purchase of livestock or farm equipment for the veteran.

Tree and Bush Fruits

 Assistance or advances for tree and bush fruit nursery stock, and seed and roots of hardy perennials to be planted for commercial purposes, shall be expended as permanent improvements assistance or advances.

Motor Vehicles and Electrical Equipment

 No advances shall be made and no contract shall be entered into for the purchase or sale of motor vehicles, bicycles, washing machines or sewing machines or component parts of any of them except as may be required for the purposes of paragraph 71(2)(g) of the Act.

Commercial Fishing Equipment

 A contract for the sale of commercial fishing equipment may include seaworthy boats of such size and construction as may be approved by the Director, fishing nets, floats, weights, anchors, internal combustion motors, sails, blocks and tackle, necessary cable and cordage, navigating equipment and galley stoves.

Joint Enterprise

 Commercial fishing equipment for use in one commercial fishing enterprise may not be sold on a joint basis to more than two veterans.

Buildings

  •  (1) A veteran shall not, except with the consent of the Director, erect additional buildings or make alterations to existing buildings on any land that the veteran has contracted to purchase from the Director.

  • (2) Where a veteran or other person who has a subsisting contract of sale of land made pursuant to Part I or III of the Act

    • (a) wishes to obtain a guaranteed home improvement loan under Part V of the National Housing Act for the purpose of financing repairs, alterations and additions to his home on the land to which the contract relates in such an amount and subject to such repayment terms as would require an owner, under ordinary circumstances, to give to the approved lender a mortgage or assignment of his interest in the land, or

    • (b) wishes to obtain a loan under Part VI of the National Housing Act for the purpose of assisting in the repair, rehabilitation and improvement of his home on the land to which the contract relates in such an amount and subject to such repayment terms as would require an owner, under ordinary circumstances, to give to Canada Mortgage and Housing Corporation a mortgage or assignment of his interest in the land,

    and gives to the Director a non-revocable direction and undertaking to give a mortgage, charge or hypothec in favour of the approved lender or Canada Mortgage and Housing Corporation, as the case may be, if requested by the lender or corporation when title is transferred from the Director to the veteran or other person, the Director may grant permission to obtain the loan.

  • (3) When the Director grants permission to a veteran under subsection (2) to obtain a loan, the direction and undertaking of the veteran forthwith becomes a part of the subsisting contract of sale.

  • (4) Where a veteran or other person who has a subsisting contract of sale with the Director under section 11, 13, 23, 26 or 27 of the Act

    • (a) wishes to obtain, in respect of the land to which that contract applies, a loan or grant under the Provincial Home Acquisition Act of the Province of British Columbia, being chapter 39 of the Statutes of British Columbia 1967, as amended, of such amount and on such repayment terms that an owner would be required, in the case of a loan, to give to the Province a second mortgage of that land and, in the case of a grant, to allow the Province to file against that land a certificate of grant,

    • (b) gives to the Director a non-revocable direction and undertaking that

      • (i) in the case of a loan, he will give to the Province a mortgage of the land to which that contract applies, if required by the Province, when title to the land is transferred from the Director to the veteran or other person, or will repay to the Province the amount of the loan prior to the transfer to title by the Director to the veteran or other person, or

      • (ii) in the case of a grant, he will allow the Province to file against the land a certificate of grant when title to the land is transferred from the Director to the veteran or other person or to repay to the Province the amount of grant prior to the transfer of title from the Director to the veteran or other person, and

    • (c) agrees in writing that the direction and undertaking given pursuant to paragraph (b) is a condition of the subsisting contract of sale,

    the Director may grant permission to obtain the loan or grant.

  • (5) To facilitate the making of a loan or grant to a veteran or other person by the Province of British Columbia under the Provincial Home Acquisition Act referred to in subsection (4), the Director may enter into an undertaking with the Province not to permit any conveyance, assignment or other disposition, except by way of rescission, of the interest of the veteran or other person under a subsisting contract described in subsection (4) unless the veteran or other person

    • (a) pays to the Province his outstanding indebtedness to the Province under any loan or grant made under that Act; or

    • (b) makes arrangements satisfactory to the Province, for the registration by the Province in the Land Registry Office for the district in which the lands are situated, of a mortgage or certificate of grant against the title of the veteran or other person to secure the amount of the indebtedness of the veteran or other person to the Province.

  • (6) Where a veteran or other person complies with paragraphs (4)(b) and (c) and the Director grants permission pursuant to that subsection, the direction and undertaking of the veteran or other person forthwith becomes a part of the subsisting contract of sale.

  • (7) For the purposes of subsections (4) to (6), “veteran or other person” includes any person to whom a subsisting contract of sale described in subsection (4) has been assigned with the approval of the Director.

  • (8) Where, in respect of any land,

    • (a) a veteran has made application to the Director for financial assistance under Part I or III of the Act the repayment of which is to be secured by a contract of sale to be entered into pursuant to the Act, or a veteran or other person has a subsisting contract of sale under Part I or III of the Act,

    • (b) the veteran or other person wishes to obtain a loan or advance under the Housing Corporation Act of Prince Edward Island in such amount and subject to such repayment terms as would require the veteran or other person to give to the Prince Edward Island Housing Corporation a mortgage on the land, and

    • (c) the veteran or other person gives the Director and the Prince Edward Island Housing Corporation a non-revocable direction and an undertaking

      • (i) to give the Corporation, if required by it, when title to the land is transferred from the Director to the veteran or other person pursuant to the contract of sale referred to in paragraph (a), a mortgage on the land in favour of the Corporation, or to repay to the Corporation the amount of the loan or advance before the title to the land is so transferred, and

      • (ii) not to sell, assign or otherwise dispose of the land without the consent of the Director and the Corporation,

    the Director may grant permission to the veteran or other person to obtain the loan or advance.

  • (9) Where the Director grants permission to a veteran or other person under subsection (8) to obtain a loan or advance in respect of any land, the direction and undertaking of the veteran or other person given pursuant to that subsection forthwith becomes part of

    • (a) the application for financial assistance and the contract of sale to be entered into, or

    • (b) the subsisting contract of sale,

    referred to therein, as the case may be.

  • (10) To facilitate the making of a loan or advance in respect of any land to a veteran or other person by the Prince Edward Island Housing Corporation, pursuant to subsection (8), the Director may enter into an undertaking with the Corporation not to permit any conveyance, assignment or other disposition, except by way of rescission or cancellation, of the interest of the veteran or other person in the land under any contract entered into between the Director and the veteran pursuant to the Act or any subsisting contract referred to in subsection (8), unless the veteran or other person

    • (a) pays to the Corporation his outstanding indebtedness to the Corporation; or

    • (b) makes arrangements satisfactory to the Corporation for the registration by the Corporation, in the Land Registry Office for the district in which the land is situated of a mortgage against the title of the veteran or other person to the land to secure the amount of his indebtedness to the Corporation.

  • (11) Where, in respect of any land,

    • (a) a veteran has made application to the Director for financial assistance under Part I or III of the Act the repayment of which is to be secured by a contract of sale to be entered into pursuant to the Act, or a veteran or other person has a subsisting contract of sale under Part I or III of the Act,

    • (b) the veteran or other person wishes to obtain a loan under the New Brunswick Housing Act in such amount and subject to such repayment terms as would require the veteran or other person to give to the New Brunswick Housing Corporation a mortgage, hypothec, lien or charge on the land, and

    • (c) the veteran or other person gives to the Director and the New Brunswick Housing Corporation a non-revocable direction and an undertaking

      • (i) to give to the Corporation, if required by it, when title to the land is transferred from the Director to the veteran or other person pursuant to the contract of sale referred to in paragraph (a), a mortgage, hypothec, lien or charge in favour of the Corporation, or to repay to the Corporation the amount of the loan before the title to the land is so transferred, and

      • (ii) not to sell, assign or otherwise dispose of the land without the consent of the Director and the Corporation,

    the Director may grant permission to the veteran or other person to obtain the loan.

  • (12) Where the Director grants permission to a veteran or other person under subsection (11) to obtain a loan in respect of any land, the direction and undertaking of the veteran or other person given pursuant to that subsection forthwith becomes part of

    • (a) the application for financial assistance and the contract of sale to be entered into, or

    • (b) the subsisting contract of sale,

    referred to therein, as the case may be.

  • (13) To facilitate the making of a loan in respect of any land to a veteran or other person by the New Brunswick Housing Corporation, pursuant to subsection (11), the Director may enter into an undertaking with the Corporation not to permit any conveyance, assignment or other disposition, except by way of rescission or cancellation, of the interest of the veteran or other person in the land under any contract entered into between the Director and the veteran pursuant to the Act or any subsisting contract referred to in subsection (11), unless the veteran or other person

    • (a) pays to the Corporation his outstanding indebtedness to the Corporation; or

    • (b) makes arrangements satisfactory to the Corporation for the registration by the Corporation, in the Land Registry Office for the district in which the land is situated, of a mortgage, hypothec, lien or charge against the title of the veteran or other person to the land to secure the amount of his indebtedness to the Corporation.

  • (14) Where a veteran or other person who has a subsisting contract of sale under Part I or III of the Act,

    • (a) wishes to obtain, in respect of the land to which that contract relates, a loan or grant under the Housing Development Act of Nova Scotia, of such amount and on such repayment terms that an owner would be required, under ordinary circumstances, to give to the Nova Scotia Housing Commission a mortgage on that land, and

    • (b) gives to the Director and the Nova Scotia Housing Commission a non-revocable direction and undertaking

      • (i) to give to the Commission a mortgage in favour of it, if required by the Commission when title to the land is transferred from the Director to the veteran or other person pursuant to the contract of sale or to repay to the Commission the amount of the loan or grant before the title to the land is so transferred, and

      • (ii) not to sell, assign or otherwise dispose of the land without the consent of the Director and the Commission,

    the Director may grant permission to the veteran or other person to obtain the loan or grant.

  • (15) Where the Director grants permission to a veteran or other person under subsection (14) to obtain a loan or grant in respect of any land, the direction and undertaking of the veteran or other person given pursuant to that subsection forthwith becomes part of the subsisting contract of sale.

  • (16) To facilitate the granting of permission to obtain a loan or grant in respect of any land to a veteran or other person by the Nova Scotia Housing Commission pursuant to subsection (14), the Director may enter into an undertaking with the Commission not to permit any conveyance, assignment or other disposition, except by way of rescission, of the interest of the veteran or other person in the land, unless the veteran or other person

    • (a) pays to the Commission his outstanding indebtedness to the Commission; or

    • (b) makes arrangements satisfactory to the Commission for the registration by the Commission, in the land registry office for the district in which the land is situated, of a mortgage, against the title of the veteran or other person to the land to secure the amount of his indebtedness to the Commission.

  • SOR/78-475, s. 1
  • SOR/78-565, s. 1
  • SOR/91-312, s. 1

Deferment of Taxes — British Columbia

  •  (1) In this section,

    minister

    minister has the same meaning as in the Provincial Act; (ministre)

    Provincial Act

    Provincial Act means the Real Property Tax Deferment Act of British Columbia. (loi provinciale)

  • (2) Where a veteran or other person who has a subsisting contract of sale of land under Part I of the Act

    • (a) wishes to enter into an agreement with the minister for the deferment under the Provincial Act of all or part of the real property taxes payable on the land, and

    • (b) gives to the Director and the minister a non-revocable direction and undertaking to enter into an agreement with the minister for the payment of all taxes, the payment of which is deferred under the Provincial Act, together with interest thereon at the rate or rates prescribed by the Provincial Act,

    the Director may grant permission to the veteran or other person to defer payment of all or part of the real property taxes so payable.

  • (3) Where, pursuant to subsection (2), the Director grants permission to a veteran or other person to defer payment of any taxes in respect of land, the direction and undertaking given by the veteran or other person pursuant to paragraph (2)(b) shall forthwith become part of the subsisting contract of sale of the land.

  • (4) To facilitate the making of an agreement by a veteran or other person with the minister to defer payment of taxes on land referred to in subsection (2), the Director may enter into an undertaking with the minister not to permit any conveyance, assignment or other disposition of the interest of the veteran or other person under the contract of sale of the land unless the veteran or other person has

    • (a) paid all taxes deferred under the agreement that are outstanding together with interest thereon at the rate or rates prescribed by the Provincial Act; or

    • (b) has made satisfactory arrangements for the registration of the agreement as an encumbrance on the land and for the notation on the certificate of title pertaining to the land of an endorsement that the certificate is subject to the agreement.

Residence and Operation

  •  (1) Where, under section 11, 13 or 23 of the Act, the Director contracts to sell to a veteran a property

    • (a) to be used for farming as the full-time occupation of the veteran, the veteran shall immediately commence personal operation of the land described in the contract in a good husbandmanlike and proper manner and shall continue such personal operation thereof in a similar manner during the 10-year period immediately following the date of the agreement of sale; or

    • (b) to be used by the veteran in his full-time occupation as a commercial fisherman or for farming purposes as a part-time occupation, the veteran shall in either case immediately commence actual residence on the property and shall continue to reside thereon and use the property in a good husbandmanlike and proper manner during the 10-year period immediately following the date of the agreement of sale.

  • (2) The Director may, on written application by a veteran described in subsection (1), grant permission for discontinuance by the veteran of his actual residence on or personal operation of property that the Director has contracted to sell to him for

    • (a) a specified period or periods of time not exceeding, in respect of all applications made by that veteran, two years in the aggregate during the 10-year period immediately following the effective date of the relative agreement of sale; and

    • (b) an indefinite period of time subsequent to the 10-year period immediately following the effective date of the relative agreement of sale.

  • (3) Notwithstanding subsection (2), the Director and the veteran may enter into an agreement in writing supplementary to the agreement for sale providing that

    • (a) the veteran will resume immediate residence on or personal operation of the land should the reason for which relief from residence on or operation of the land is granted cease to exist or following the date on which the approved period of such relief expires, whichever is the earlier, and continue his residence on or personal operation of the land for a period that, together with the period already spent in actual residence or personal operation and any period of non-residence or non-operation previously approved, will aggregate 10 years; and

    • (b) failure to comply with the terms of the supplementary agreement will constitute a breach of the term of the agreement for sale requiring continuous residence.

  • (4) Where,

    • (a) temporary discontinuance of actual residence or personal operation has been approved pursuant to paragraph (2)(a) for an aggregate period of two years during the first 10-year period immediately following the date of agreement for sale, and

    • (b) in the opinion of a licensed medical practitioner employed by the Department of Veterans Affairs on a full-time, part-time or half-day fee basis acting under the authority of the Director General, Treatment Services of the Department, the veteran is unable, because of ill-health, to resume or continue actual residence or personal operation,

    any additional period may be deemed to be actual residence or personal operation by the veteran.

  • (5) A report by the medical practitioner in respect of the veteran described in subsection (4) shall be submitted to the Director every 12 months or more frequently if the medical practitioner considers it appropriate.

  • (6) For the purpose of subsection (4), any period during which there has been no resumption of actual residence or personal operation after the medical practitioner has reported that the veteran is able to resume the residence or operation shall not be deemed to be actual residence or personal operation.

  • (7) For the purposes of this section, personal operation or personal residence by the spouse of a veteran is deemed to be personal operation or personal residence by that veteran.

  •  (1) Where the Director intends to refer the question of rescission to a Provincial Advisory Board pursuant to section 21 of the Act, he shall give to the veteran not less than 15 clear days notice of that intention.

  • (2) The notice referred to in subsection (1) shall

    • (a) be in writing over the signature of the Director or an officer authorized to act for him;

    • (b) state the time and place of the hearing;

    • (c) specify the defaults upon which the Director relies;

    • (d) be served by being mailed by registered mail addressed to the veteran at the address stated in the agreement for sale or at his last address known to the Director;

    • (e) where the veteran is deceased, be served by being

      • (i) mailed by registered mail, addressed to any person upon whom the rights of the veteran devolve pursuant to section 38 of the Act, at his last address known to the Director,

      • (ii) in any case where the address of such person is unknown to the Director, mailed by registered mail addressed generally to the heirs, devisees or personal representative, without describing them by name, at the last address of the deceased known to the Director, or

      • (iii) in the discretion of the Director, published by a single insertion in one of the newspapers circulating in the district in which the land is situated, 15 clear days before the date appointed for consideration of the case by the Provincial Advisory Board; and

    • (f) where the veteran is certified to be mentally incompetent, be served by being mailed by registered mail addressed to the provincial officer having charge of the administration of the estates of the mentally incompetent or the legal representative or committee of the veteran.

  • (3) Where the veteran or a representative of the veteran fails to appear to make representations, the Provincial Advisory Board shall hear the application of the Director ex parte.

  • (4) The consent to the rescission of an agreement for sale, or the remedial conditions to be fulfilled by the veteran in default of compliance with which rescission of the agreement may ensue, shall be given to the Director by the Provincial Advisory Board in writing and the decision of the majority of its members shall be binding on the Board.

  •  (1) Where the Provincial Advisory Board consents to the rescission of any agreement for sale, or where the veteran has not fulfilled the remedial conditions ordered by the Board, and the Director intends to rescind the agreement, the Director shall give to the veteran not less than 30 clear days notice of that intention before acting thereon.

  • (2) A notice referred to in subsection (1) shall

    • (a) be in writing over the signature of the Director or an officer authorized to act for him;

    • (b) specify the defaults upon which the Director relies; and

    • (c) be served by the appropriate method prescribed for a notice referred to in subsection 35(1).

  • (3) Where the Director, after the expiration of 30 clear days from the date he gave notice to a veteran of his intention to rescind an agreement for sale, determines to rescind the agreement, he shall do so by mailing a statement of rescission by registered mail to the veteran.

  • (4) A statement of rescission shall

    • (a) be in writing over the signature of the Director or an officer authorized to act for him; and

    • (b) be served by the appropriate method prescribed for a notice referred to in subsection 35(1).

  • (5) An agreement for sale is deemed to be rescinded pursuant to subsection (3) on the date the statement of rescission respecting it is mailed.

Interest

  •  (1) The interest rate in effect for the purpose of subsection 17(2) of the Act is the rate in effect for the purpose of subsection 76(1) of the Act on the date of approval by the Director of the application for assistance pursuant to which the mortgage or hypothec was entered into under subsection 17(1) of the Act.

  • (2) The interest rate in effect for the purposes of section 18, subsection 19(2) and subsection 20(2) of the Act is the highest rate specified in the charge, mortgage, hypothec or agreement of sale, as the case may be, or the rate in effect for the purpose of subsection 76(1) of the Act on the date of approval by the Director of the application for assistance pursuant to which the charge, mortgage, hypothec or agreement of sale, as the case may be, is made, whichever is the higher.

  • (3) The interest rate to be charged in respect of an agreement of sale entered into pursuant to section 23 of the Act is the rate in effect for the purpose of subsection 76(1) of the Act on the date of approval of the sale by the Director or the Minister, as the case may be, except that where a sale is made under section 23 of the Act and the rate and terms under section 11 of the Act apply to any portion of the sale price, this subsection does not apply to such portion of the sale price.

  • (4) The interest rate in effect for the purposes of paragraph 24(2)(f) of the Act is the highest rate specified in the contract or the rate in effect for the purpose of subsection 76(1) of the Act on the date the contract was rescinded or otherwise terminated, whichever is the higher.

  • (5) The interest rate in effect in respect of a contract entered into by the Director with a veteran pursuant to section 27 of the Act is the rate in effect for the purpose of subsection 76(1) of the Act on the date of approval by the Director of the application for the contract, except that where any portion of the debt outstanding is repayable under the subsisting contract at a rate of interest that is higher than the rate in effect for the purpose of subsection 76(1) of the Act, such higher rate shall apply to that portion of the debt under the contract entered into pursuant to section 27 of the Act.

  • (6) The interest rate in effect in respect of any sum that becomes repayable to the Director pursuant to subsection 32(3) of the Act is the rate in effect for the purpose of subsection 76(1) of the Act on the date of approval by the Director of the application for the sale, grant or loan as a condition of which any payment or repayment was made by the Director under subsection 32(2) of the Act.

  • (7) The interest rate in effect for the purpose of subsection 76(1) of the Act is the interest rate prescribed in subsection 3(1) of the Farm Credit Act Interest Rates Regulations.

Delegation of Signing Authority

 Any documents that require execution by the Director in his corporate capacity may be signed by an officer authorized by the Director to sign for him and the Director’s seal shall be affixed thereto and the signature duly witnessed.

Indian Veterans

  •  (1) Notwithstanding anything in these Regulations, an Indian veteran who wishes to be certified to be qualified to participate in the benefits of the Act shall submit to any officer of the Department of Indian Affairs and Northern Development designated by the Minister of Indian Affairs and Northern Development an application in writing in such form and containing such information as the Director may from time to time determine.

  • (2) An Indian veteran shall submit reasonable evidence that he is personally fit and able to carry on the occupation by which he proposes to gain his livelihood and that by reason of his character, habits, knowledge and experience, he is capable of carrying on that occupation successfully.

  • (3) Upon receipt of an application made by an Indian veteran under subsection (1), the Minister of Indian Affairs and Northern Development shall consider whether the veteran is qualified to engage in the occupation he proposes to follow and whether the land is suitable for the proposed use or occupation and, if satisfied in respect thereof, shall furnish to the Director in the form prescribed by the Director

    • (a) a certificate respecting the military service eligibility of the Indian applicant;

    • (b) a certificate that the Indian applicant is qualified to engage in the occupation that he proposes to follow;

    • (c) a certificate that the land to be used or occupied by the Indian veteran is suitable for such use or occupation; and

    • (d) a recommendation as to the amount of the grant that should be approved and the several purposes for which the grant should be expended.

  • (4) A grant to an Indian veteran shall not exceed

    • (a) for the purchase of household equipment, $250; and

    • (b) for the purchase of equipment for trapping or fur farming, $850.

Dominion or Provincial Lands

  •  (1) A grant under section 45 of the Act may be made to a veteran by the purchase and delivery by the Director to him of specified chattels, conditional upon the veteran complying for a period of 10 consecutive years with the terms of his agreement for the purchase, lease, use or grant of the Dominion or provincial lands on which he settles.

  • (2) The veteran shall covenant and agree that, on default of any covenant or term under such agreement, he will deliver possession of the chattels to the Director on demand, and that the title to and right of possession of the chattels shall be and remain in the Director until the veteran has complied with the covenants and terms of such agreement for a period of 10 consecutive years.

Joint Operations

 A grant under section 45 of the Act in an amount not exceeding $1,200 may be made to any veteran in a group consisting of not more than 10 veterans, who propose conducting joint operations in farming or forestry, for the purchase of machinery essential to farming or machinery and equipment essential to forestry.

Crop Share Agreements

 A veteran established as a farmer under the provisions of the Act in a spring wheat area, as defined in the Prairie Farm Assistance Act, and whose farming operations are predominantly directed to the production of spring wheat, may continue under a crop share agreement, entered into on or before June 12, 1962.

  •  (1) In this section,

    specified acres

    specified acres means, in respect of a collateral agreement, the number of acres specified in the collateral agreement; (acres spécifiées)

    specified grain

    specified grain means wheat, oats, barley, flax, rye and rapeseed. (grain spécifié)

  • (2) A veteran established or to be established as a farmer under the provisions of the Act in a spring wheat area as defined in the Prairie Farm Assistance Act and whose principal crops grown are specified grains may, in addition to continuing under or entering into a principal agreement or agreements under the Act, enter into a crop share agreement, hereinafter called a collateral agreement, as collateral to the principal agreements.

  • (3) A collateral agreement described in subsection (2) may provide, among other things, that

    • (a) the veteran will, in each year during the term of the agreement, seed to a specified grain or combination of specified grains the number of acres specified in the collateral agreement, unless the Director approves the seeding, in any year, of a lesser number of acres;

    • (b) where the Director approves the seeding in any year of a lesser number of acres than the specified acres, the veteran will, in the next following year, seed to a specified grain or a combination of specified grains in addition to the specified acres, the number of acres by which the specified acres was reduced in the preceding year, and the aggregate of the specified acres and the additional acres shall be deemed to be the specified acres for that year;

    • (c) the veteran will deliver to the order of the Director in each year during the term of the collateral agreement, when harvested, one-half of the yield of each specified grain seeded on the specified acres that is in excess of the minimum yield for that grain but not in excess of the maximum yield for that grain;

    • (d) the veteran may deliver to the order of the Director additional grain from the specified and additional acres;

    • (e) where, in accordance with the terms of the collateral agreement, no grain is delivered to the order of the Director in any year,

      • (i) payment of the amortized amounts due in that year under the principal agreements shall be postponed to the termination date of the last expiring principal agreement, and

      • (ii) interest on such amortized amounts shall accrue only on the principal portion thereof;

    • (f) where the proceeds from the grain delivered to the order of the Director in any year are less than the aggregate of the amortized amounts due in that year under the principal agreements,

      • (i) payment of the amount of the deficiency shall be postponed to the terminating date of the last expiring principal agreement, and

      • (ii) interest on the amount of the deficiency shall accrue only on the principal portion thereof;

    • (g) where the proceeds from grain delivered to the order of the Director in any year exceed the aggregate of the amortized amounts and other amounts due in that year under the principal agreements, the excess amount shall be applied in reduction of the outstanding debt to the Director;

    • (h) for the purposes of the collateral agreement, the determination of the yields of specified grains shall be

      • (i) in those townships or partial townships that qualify for an award under the Prairie Farm Assistance Act, the yields by farm units as established under that Act, and

      • (ii) in those townships or partial townships that do not qualify for an award under that Act, as established by evidence satisfactory to the Director;

    • (i) where the Director is of opinion that the veteran has not delivered grain as agreed, is avoiding delivery or otherwise acting in bad faith in respect of the collateral agreement, the Director may cancel the collateral agreement; and

    • (j) where a collateral agreement is cancelled by the Director, the terms and conditions of the principal agreements shall have effect as if

      • (i) the collateral agreement had not been entered into, and

      • (ii) every delivery made under the collateral agreement had been a payment made under the principal agreements for the amount of the proceeds of the delivery.

  • (4) Where a veteran has entered into a crop share agreement referred to in section 42, he may

    • (a) continue under that agreement; or

    • (b) elect to cancel that agreement and enter into a collateral agreement under subsection (2).

  • (5) For the purpose of paragraph (3)(c),

    • (a) the minimum yield in bushels per seeded acre for the specified grain set out in Column I of the table to this section is the number set out in Column II opposite that grain; and

    • (b) the maximum yield in bushels per seeded acre for the specified grain set out in Column I of the table to this section is the number set out in Column III opposite that grain.

      TABLE

      Column IColumn IIColumn III
      Specified GrainMinimum yield in bushels per seeded acreMaximum yield in bushels per seeded acre
      1. Wheat618
      2. Oats1236
      3. Barley824
      4. Flax39
      5. Rye13½
      6. Rapeseed13½

Disposal of Surplus Lands

  •  (1) Where the Director wishes to sell any lands to a person other than a certified veteran, he shall first advertise them for sale by public tender subject to the condition stated in the advertisement that no offer received by the Director as a result of such advertising will necessarily be accepted.

  • (2) Subsection (1) does not apply to lands that may be required for the special purposes specified in section 28 of the Act.

  • (3) Where the time limited in an advertisement published pursuant to subsection (1) has expired and no satisfactory offer has been received, the Director may negotiate with any person who made an offer or with any other person for the purpose of obtaining a binding offer to recommend for acceptance under the provisions of the Act.

Disposal of Repossessed Chattels

 Where the Director has repossessed chattels theretofore held by a veteran under any agreement with the Director and the nature of the chattels is such that in the opinion of the Director they are likely to deteriorate in value in his hands or prove costly to keep and care for until they can be used for the ordinary purposes of the Act, or are not likely to be required for the ordinary purposes of the Act, the Director may sell those chattels forthwith

  • (a) by public auction for cash, after due advertising;

  • (b) privately at a cash price agreed to in writing by the veteran from whom the chattels have been repossessed; or

  • (c) privately, after an appraisal of the chattels by an independent qualified person, at a cash price at or near the appraised value.

Home Construction and Land Settlement Contracts

  •  (1) For the purpose of section 67 of the Act, a veteran who has entered into a contract with the Director under section 55 of the Act is eligible to enter into a contract under Part I of the Act if the veteran was required to dispose of the home he constructed under section 55 due to

    • (a) the transfer of his place of employment to another area,

    • (b) his inability to secure employment in the area where his home has been constructed,

    • (c) the ill-health of the veteran or his family,

    • (d) the land having been required and taken for public purposes,

    and the Director is satisfied that the disposition was not made for speculative reasons, or

    • (e) existing housing accommodation being, in the opinion of the Director, not suitable for the veteran and his family.

  • (2) For the purpose of section 67 of the Act, a veteran who has entered into a contract with the Director under section 55 of the Act is eligible to enter into a contract under Part I of the Act in respect of the land to which the contract under section 55 relates or related if

    • (a) the land contains the minimum area prescribed by section 23 of these Regulations or may be increased to that area by the acquisition of adjoining land; and

    • (b) the veteran pays to the Director on demand any legal, survey or other fees involved in any re-acquisition by the Director of title to the land for the purposes of Part I of the Act.

  • (3) The terms and conditions of any contract, advance or grant entered into under Part I of the Act in respect of land referred to in subsection (2) shall be consistent with the provisions of that Part.

Housing

  •  (1) The Director may conduct training courses in house construction for any group of not less than five eligible veterans.

  • (2) The Director may supply or arrange for instructors for courses in house construction that are organized or conducted by the Royal Canadian Legion or by other recognized veterans’ organization or educational body or by a department of and federal, provincial or municipal government that desires to cooperate and that has services and facilities that can be used to advantage if those courses follow the syllabus prescribed from time to time for such courses by the construction officials of the Director.

  •  (1) The Director may furnish to an approved cooperative housing association, for the construction of single family dwellings by the association, technical and financial assistance calculated, in the aggregate, on the basis of the number of members or shareholders of the association.

  • (2) The assistance referred to in subsection (1) shall be given in the manner, to the extent and upon like terms and conditions as are authorized to be furnished to an individual veteran by Part II of the Act, and the construction contract provided for by section 55 of the Act and the collateral agreement provided for by section 57 of the Act shall be between the Director and the association.

  • (3) Upon the completion of the dwellings as required by a construction contract made in accordance with subsection (2), the Director, upon proper direction in writing from the association and in accordance with section 59 of the Act and the collateral agreement between the Director and the association, shall provide

    • (a) for the registration of a mortgage from and the conveyance to the association of the aggregate parcels of land; or

    • (b) simultaneously for the registration of mortgages from and conveyances to each member or shareholder of the association of the land designated for his use, in which event the necessary adjustments of taxes and insurance to meet the requirements of the Director shall be made between the association and the member or shareholder.

Part III Loans

  •  (1) An agreement made pursuant to section 74 of the Act may, at the option of the Director, provide that the loan advanced under the provisions of Part III of the Act be consolidated and made payable with the indebtedness owing the Director by the veteran under Part I of the Act, interest on such consolidated indebtedness being computed at a rate that, on an amortization basis, will provide for liquidation at maturity of the total amounts of principal and interest owing under Parts I and III of the Act.

  • (2) Where, after the consolidation of loans under subsection (1), a veteran makes prepayments amounting to not less than 10 per cent of the greatest consolidated indebtedness that at any time existed in his account, the Director may apply the prepayments to the loan under Part III of the Act and reconsolidate the then remaining debts at the appropriate revised rate of interest, but if there is default in any subsequent payment, the pre-reconsolidation rate may be charged.

 Subject to section 51, every veteran certified by the Director to be a full-time farmer who applies for a loan under section 71 of the Act shall, at the time he makes application for a loan,

  • (a) submit a plan acceptable to the Director for the organization and operation of the veteran’s farming enterprise as an economic farm unit;

  • (b) agree to follow the plan as accepted by the Director except for such changes therein as may from time to time be agreed to by the Director;

  • (c) agree to keep farm accounts in manner satisfactory to the Director and to make them available for inspection by a representative of the Director;

  • (d) agree to submit before February 1st in each year on the form prescribed by the Director

    • (i) a financial statement on the operation of the farm for the preceding calendar year, and

    • (ii) a statement of net worth as of December 31st of the calendar year immediately preceding; and

  • (e) agree not to incur additional debt in excess of the debt carrying capacity of his farming operation as estimated by the Director’s representative.

 Section 50 applies only where and as long as

  • (a) the total financial assistance required by a veteran to set up an economic farm unit, including any debt owing by the veteran to the Director, is in excess of 75 per cent of the security value of the real property available as security; or

  • (b) the veteran is in default under an existing contract with the Director and the Director so requires.

Nature and Extent of Security

 For the purposes of section 79 of the Act, every loan advanced by the Director under section 71 to a veteran certified by the Director to be a full-time farmer shall, wherever practicable, be secured in its entirety by farm land.

  •  (1) Where an advance is made by way of loan to a veteran under section 72 of the Act and the amount of the advance together with amounts then outstanding as described in the section exceeds 75 per cent of the market value of security held, acquired or taken by the Director, the Director shall take as additional security, title to livestock, farm equipment and other chattels of a value equal to not less than the amount by which the advance together with the amounts outstanding exceeds 75 per cent of the value of the said security.

  • (2) Any livestock, farm equipment and other chattels taken as security by the Director under subsection (1) shall not be valued for the purposes of security at an amount greater than 50 per cent of the market value as determined by the Director of such livestock, farm equipment and other chattels.

  •  (1) Every contract providing for repayment of a loan entered into between a veteran and the Director pursuant to Part I or III of the Act shall be in the form prescribed by the Director pursuant to section 36 of the Act and set out in Schedule I or II or in the form set out in Schedule IV, whichever form is appropriate.

  • (2) The terms and conditions of an agreement made under section 20 of the Act shall be those contained in clause 11 of Schedule I.

  • (3) Every contract providing for repayment of Part I assistance entered into between a veteran and the Director subsequent to the initial 10 years of the veteran’s establishment shall be in the form set out in Schedule III.

 No advance by way of a loan under section 71 of the Act shall be made to a veteran for the development of a secondary enterprise unless, in the opinion of the Director,

  • (a) the development of the secondary enterprise will increase the income of the veteran and his family;

  • (b) the veteran or a member of his family is adequately trained to successfully conduct the operation of the secondary enterprise; and

  • (c) the secondary enterprise will be developed and operated on and from the land upon which the veteran is established.

Applications for the Purpose of Section 13 of the Act

  •  (1) Subject to section 57, where a veteran who has a subsisting contract with the Director under Part I or Parts I and III of the Act wishes the Director to sell, pursuant to subsection 13(1) of the Act, a part of the lands in respect of which that contract relates, the veteran shall submit to the Director, through the office of the Director nearest the lands proposed to be sold, an application therefor in writing, in the form prescribed by the Director.

  • (2) Where a veteran referred to in subsection (1) makes an application under that subsection, the Director may sell the lands proposed to be sold, notwithstanding that after such sale the lands remaining under the contract are less than ½ acre in area, if, in the opinion of the Director, the lands remaining under the contract are suitable for part-time farming purposes and comply in all respects with the laws of the province in which the lands are situated relating to the use or state of the lands or to the erection, use or state of improvements on the lands.

  • SOR/83-203, s. 1
  •  (1) Where a veteran who has a subsisting contract with the Director under Part I or Parts I and III of the Act wishes the Director

    • (a) to sell, pursuant to subsection 13(1) of the Act, all or any part of the lands in respect of which that contract relates, and

    • (b) to purchase, pursuant to subsection 13(2) of the Act, other or additional lands in substitution for the lands so sold,

    the veteran shall submit to the Director, through the office of the Director nearest the lands proposed to be purchased, an application therefor in writing, in the form prescribed by the Director.

  • (2) An application referred to in subsection (1) shall be accompanied by a declaration in writing, signed by the veteran, that

    • (a) the veteran or an agent of the veteran has personally inspected and thoroughly examined the lands proposed to be purchased in substitution for the lands proposed to be sold by the Director;

    • (b) the veteran is satisfied that the lands proposed to be purchased are suitable for the purposes for which they are intended to be used; and

    • (c) the veteran understands and agrees that the Director’s approval of the purchase does not constitute a warranty or guarantee of any kind what ever as to the condition of the lands proposed to be purchased or the suitability of the lands for the purpose for which they are intended to be used.

  • (3) Where a veteran referred to in subsection (1) makes an application under that subsection, the Director may sell the lands proposed to be sold and purchase the lands proposed to be purchased in substitution for the lands so sold, notwithstanding that after such sale and purchase the aggregate area of the lands remaining under the contract, if any, and the lands substituted for the lands so sold is less than ½ acre, if, in the opinion of the Director, the lands remaining under the contract, if any, and the lands substituted for the lands so sold are suitable for part-time farming purposes and comply in all respects with the laws of the province in which the lands are situated relating to the use or state of the lands or to the erection, use or state of improvements on the lands.

  • SOR/83-203, s. 1

SCHEDULE I(s. 54)Agreement of Sale of Land

THIS AGREEMENT made thisblank line day ofblank line, A.D. 19blank line, under the provisions of Parts I and III of the Veterans’ Land Act.

BETWEEN:

THE DIRECTOR, THE VETERANS’ LAND ACT

(hereinafter called the “Director”)

OF THE FIRST PART:

AND

blank line

of the Post Office of blank line

in the Province of blank line

(hereinafter called the “Veteran”)

OF THE SECOND PART:

WHEREAS:

The Veteran has been certified by the Director to be qualified to participate in the benefits under the Veterans’ Land Act;

Pursuant to the provisions of the said Act the Director has acquired the land hereinafter more particularly described and has determined the cost to the Director of the said land together with improvements to be effected, if any.

The parties have agreed that the outstanding indebtedness under any previous Agreement of Sale shall form part of the indebtedness under this Agreement and shall be repayable in accordance with the terms of this Agreement.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In consideration of the conditions and provisions herein contained the DIRECTOR AGREES TO SELL TO THE VETERAN WHO AGREES TO PURCHASE all and singular that certain parcel of land and premises lying and being in the Province of blank line

more particularly described as follows:

at and for sale price of blank line

blank lineDollars ($blank line)

of lawful money of Canada, payable to the Director at his office in the City of Ottawa, or at his office for the region in which the said land is situated, on the days and in the manner hereinafter set out, upon and subject to the terms, conditions and stipulations herein contained, and the payments to be made as herein specified, the observance of each and every of the said conditions and stipulations, as well as the making of the said payments being expressly declared the essence of this Agreement.

2. (1) The Director acknowledges having received from the Veteran the sum ofblank line

blank lineDollars ($blank line)

being the down payment on the sale now being made under Part I of the Act.

(2) It is agreed:

that the balance of the sale price outstanding on the sale now being made under Part I of the Act is the sum ofblank line Dollars ($blank line);

that the balance of the sale price outstanding on any previous sale made under Part I of the Act is the sum ofblank line Dollars ($blank line);

that the amount of the loan now being made under Part III of the Act is the sum ofblank line

blank lineDollars ($blank line);

that the balance outstanding under any previous loan made under Part III of the Act is the sum ofblank line

blank lineDollars ($blank line).

Balance of the sale price payable to the Directorblank line

blank lineDollars ($blank line).

(3) The Veteran covenants and agrees that he will pay to the Director the balance of the said sale price as follows:

the sum ofblank lineDollars ($blank line)

with interest at the rate of 3 1/2 per cent per annum;

the sum ofblank lineDollars ($blank line)

with interest at the rate ofblank lineper annum;

the sum ofblank lineDollars ($blank line).

with interest at the rate ofblank lineper annum;

the sum ofblank lineDollars ($blank line)

with interest at the rate ofblank lineper annum;

the sum ofblank lineDollars ($blank line)

with interest at the rate ofblank lineper annum;

and the sum ofblank lineDollars ($blank line)

with interest at the rate ofblank lineper annum.

Interest at the said rates to accrue from theblank line day ofblank line 19blank line.

Monthly payments ofblank line Dollars ($blank line) on account of interest to be paid on the first day of each and every month from and including the first day ofblank line, 19blank line, to and including the first day ofblank line, 19blank line, on which last mentioned date there shall be paid in addition to the monthly payment aforesaid, the balance of interest, if any, on amounts advanced from time to time; and,

Inblank lineequal consecutive amortized monthly payments ofblank line Dollars ($blank line) such payments to be made on the first day of each and every month, the first of such payments to be made on the blank line day ofblank line, 19blank line. Each amortized payment consists of principal and interest, such interest being calculated yearly not in advance, which payments are sufficient on an amortization plan to pay the principal and interest thereon. Each amortized payment shall be applied, firstly, in the reduction of interest outstanding and secondly, in the reduction of principal. All payments of principal on becoming overdue shall bear interest at the rate(s) aforesaid.

3. The Veteran agrees that the Director has determined the cost to the Director under Part I of the Act inclusive of any cost under a previous Agreement which is included in this Agreement to be the sum ofblank line Dollars ($blank line). The Veteran agrees that save upon payment in full of the said Part I cost together with interest at the rate of 3 1/2 per cent per annum, together with the balance of the said Part III loan or loans payable under Clause 2 hereof together with interest thereon at the rate or rates therein set out and all other charges in respect thereof and any amount payable to the Director under any Agreement of Sale of Livestock and Equipment, Agreement of Sale of Permanent Improvements, no conveyance or transfer shall be given by the Director to the Veteran during a period of 10 years from theblank line day ofblank line, 19blank line, which is the effective date of this Agreement for the purposes of subsection 11(4)(a) of the Act, and thereafter only if the Veteran has complied with the terms of this Agreement for the said 10-year period.

4. The Veteran immediately upon the execution of this Agreement shall have the right of possession of the said land and he agrees forthwith to enter into occupation of the said land, and, save with the approval of the Director, to reside thereon during the continuance of this Agreement.

5. The Veteran agrees that he will not lease the said land during the first 10-year period from the effective date of this Agreement and thereafter only with the permission of the Director, and that the Director, his officers, agents and employees, may at any and all times enter upon the said land, or any part thereof, to view the state of the buildings and of the cultivation and to inspect the farming operations.

6. The Veteran agrees that he will in a good and husbandmanlike manner, in each and every farming season during the continuance of this Agreement, break, cultivate, seed and crop the said land or such portion thereof as may from time to time be expedient in good farming operation of the said land, and that instructions as to cultural practices or management given by the duly authorized representative of the Director shall be observed.

7. It is agreed between the parties hereto that all buildings and any appurtenances thereto now on, or which may be erected or constructed on, the said land shall be a part of the freehold, and shall not be removed or destroyed without the previous permission of the Director in writing, and the Veteran agrees that he will keep and maintain the said land, buildings and any and all appurtenances, and all fixtures and things thereto belonging in good and substantial repair and in a tidy and clean condition, damage by fire, lightning and tempest only excepted, and that he will permit any agent of the Director at any time during the currency of this Agreement to enter and view the state of repair and cleanliness, and further, that he will promptly repair and clean according to notice and fulfill any further requirements which the Director may deem necessary, and in default of his compliance with any such notice as aforesaid, the Director may enter upon the property and effect such work as he may deem necessary and all costs so incurred by the Director shall be repaid by the Veteran on demand with interest at the rate ofblank line per annum from the time of such payment by the Director and until so repaid the amount of such payment shall be added to the purchase price of the said land.

8. The Veteran agrees that, save with the approval of the Director, during the continuance of this Agreement no building or buildings, booth, or structure of any kind whatsoever shall be erected on the premises, or additions or alterations made to existing buildings. The Veteran also agrees that he will not exercise or carry on or permit to be exercised or carried on in or upon the said land any form of trade, business or undertaking likely to be obnoxious to the occupiers or owners of the adjoining lands.

9. The Veteran covenants that he will commit no waste on the said land and that he will not, without the consent of the Director in writing, cut any wood or timber therefrom except a quantity sufficient for fuel and fencing for actual and necessary use thereon, and for buildings to be erected thereon.

10. The Veteran agrees that he will forthwith insure and keep insured, during the continuance of this Agreement, against loss or damage by fire, tempest and flood to the extent of the full insurable value, in an Insurance Company approved by the Director, all buildings now erected, or which may hereafter be erected, on the said land, and will not do or suffer anything whereby any insurance policy or policies may be vitiated, and will pay all premiums and sums of money necessary for such purpose as the same become due, and will assign to the Director the proceeds of the insurance policy or policies and have attached to the policy or policies the Special Loss Payable Clause as prescribed by the Director. When so required by the Director, the Veteran shall deliver to the Director the policy or policies of insurance and renewal receipt or receipts thereto appertaining. Where the Veteran neglects to keep insured the said buildings or any of them, or to attach the Special Loss Payable Clause as above required, or to pay the premiums, or, when so required by the Director, fails to deliver the policy or policies and renewal receipts to the office of the Director for the region within which the land is situated at least three days before the insurance then existing shall expire, then the Director may insure the said buildings and all moneys so expended by the Director shall be repaid by the Veteran on demand with interest at the rate ofblank line 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 the said land. The Veteran agrees on the occurrence of loss or damage to furnish forthwith at his own expense all the necessary proofs and do all the necessary acts to enable the Director to obtain payment of the insurance moneys and that all moneys received by the Director by virtue of any policy shall be disbursed or applied to the Veteran’s account by the Director in accordance with the Act.

11. (1) The Veteran hereby agrees that in addition to paying the monthly payment set out in Clause 2, the Veteran will pay to the Director each month an amount equal to one-twelfth of the estimated annual rates, taxes and assessments (hereinafter referred to as “taxes”), that have been or may be levied or imposed upon or in respect of the said land and improvements thereon for the current year estimated by the Director as hereinafter provided.

(2) The said monthly payment and the monthly payment on account of taxes shall be combined into one monthly payment and such combined monthly payment shall be paid on the payment dates set out in Clause 2 and shall be applied, firstly, in payment of amounts due and payable to the Director, exclusive of taxes, and secondly, as a tax credit but the amount held by the Director to the credit of the Veteran as a tax credit shall at all times be subject to the payment therefrom of all amounts otherwise due and payable to the Director.

(3) The Veteran shall transmit the tax bill(s) to the Director at least 10 days before the date on which the taxes or any instalment thereof are due and payable.

(4) Where the Director receives any tax bill(s) as provided in subclause (3) he shall, on or before the due date, pay out of any money held to the credit of the Veteran as a tax credit such amount of taxes as may from time to time be due and payable, provided always that the Director shall not be obligated to pay any taxes on or before the due date where the tax bill is not received by him at least 10 days before the due date as required under subclause (3).

(5) The Veteran further agrees that in the event the taxes in any year exceed the amount held by the Director to the credit of the Veteran as a tax credit the Director may pay at any time or times the amount by which the taxes exceed the amount held by the Director as a tax credit and any amount so paid by the Director shall be repaid by the Veteran on demand with interest at the rate ofblank line per annum from the date of the payment of such amount by the Director, and until the date of repayment by the Veteran such amount shall be added to the purchase price of the land.

(6) Upon receipt by the Director of the tax bill(s) required to be delivered to him pursuant to subclause (3), or at any other time at his discretion, the Director shall estimate for each ensuing year the amount of annual taxes and shall advise the Veteran in writing when any change is required, of the amount of the new monthly tax payment and the combined monthly payment for the ensuing 12-month period.

(7) At the time of execution hereof, or at any time thereafter upon written notice to the Veteran, the Director may, in lieu of the method of payment of taxes set out in subclauses (1) and (2), request the Veteran to pay the taxes for any year or number of years during the continuance of this Agreement direct to the taxing authorities and the Veteran agrees that upon receipt of such request he will pay the taxes punctually and regularly and deliver receipts for those taxes to the Director prior to the 31st day of December in each year.

(8) During any period that the Veteran is, under subclause (7), required to pay taxes direct to the taxing authorities, subclauses (1) to (6) are deemed not to be included in this Agreement.

(9) Where the Veteran is required to pay taxes pursuant to subclause (7) and fails or neglects to pay such taxes or any portion thereof by the date or dates on which such taxes or any portion thereof fall due, the Director may pay any arrears of taxes and all money so expended by the Director shall be repaid by the Veteran on demand with interest at the rate ofblank line per annum from the date of the payment of taxes by the Director, and until the date of repayment by the Veteran the amount of such payment shall be added to the purchase price of the said land.

12. It is agreed that if the Veteran sells or attempts to sell or otherwise dispose of the whole or any part of the said land, or if the Veteran, save with the approval of the Director, fails to remain in actual and personal possession and occupation of the said land, or if he fails to cultivate the said land in a good husbandmanlike manner as provided by the Agreement, or fails to pay promptly any payment hereinbefore mentioned when the same falls due, or fails to comply with any covenant or condition contained in this Agreement, the Director may, subject to the provisions of the Veterans’ Land Act and the Regulations made thereunder, without any formal re-entry or retaking and without resort to proceedings in equity or at law, rescind this Agreement. The effect of such rescission shall be to vest the said land 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 him for any estate in, or lien, charge or encumbrance upon or against the said land.

13. The Veteran agrees that until the Director grants or conveys the said land to him, the Veteran shall hold or occupy the said land as a Tenant at Will.

14. It is agreed that upon punctual payment by the Veteran of all moneys herein by him agreed to be paid and subject to performance of all and singular the aforesaid provisions, conditions and agreements he shall be entitled to a conveyance of the said land free from all encumbrances other than such as may have resulted through the act or neglect of the Veteran, but subject nevertheless to all reservations, limitations, provisos and conditions contained or expressed in the title held by the Director.

15. Wherever the singular or the masculine is used throughout this Agreement, it shall be construed as including the plural or feminine wherever the context so requires, and the expression “Veteran” shall include the heirs, devisees and personal representative of the Veteran, and the expression “Director” shall include the successors and assigns of the Director.

16. Any assignment of this Agreement shall not be valid.

17. It is expressly agreed between the parties hereto that time shall be of the essence of this Agreement.

18. It is agreed that the Veteran may at any time, without giving notice or paying a bonus, pay the whole or any part of the moneys herein agreed to be paid.

19. In the event this Agreement is rescinded as hereinbefore provided, all moneys theretofore paid by the Veteran shall be retained by the Director, excepting as otherwise provided in the Veterans’ Land Act.

IN WITNESS WHEREOF the Director has authorized to be hereunto affixed his corporate seal and his name to be signed, and the Veteran has hereunto set his hand and seal and designated the undernamed place as his post office address.

WITNESS:

blank line

As to execution by the Director

blank line

Director

(Seal)

blank line

As to execution by the Veteran

blank line

Signature of Veteran

blank line

Post Office Address

AFFIDAVIT TO BE TAKEN BY WITNESS TO AGREEMENT

I,blank line
Province

{

of theblank line ofblank line in the
ofblank lineProvince ofblank line

blank line

(Occupation of Witness)

make oath and say as follows:

1. THAT I was personally present and did see the within Agreement and duplicate duly executed by blank line

blank line

(Full Name of Veteran)

one of the parties thereto.

2. THAT I know the said party and that he is of the full age of twenty-one years.

3. THAT the same was executed atblank line in the Province aforesaid and that I am a subscribing witness to the within Agreement and duplicate.

SWORN before me at theblank line
of blank line, in the Province of
blank line, this blank line day of

}

blank line

(Signature of Witness)

blank line, A.D. 19blank line
blank line

Notary Public, Justice of the Peace, Commissioner for Oaths, or Authorized for this purpose under the Veterans’ Land Act.

SCHEDULE II(s. 54)Agreement of Sale of Land

THIS AGREEMENT made thisblank line day ofblank line, A.D. 19blank line, under the provisions of Parts I and III of the Veterans’ Land Act.

BETWEEN:

THE DIRECTOR, THE VETERANS’ LAND ACT

(hereinafter called the “Director”)

OF THE FIRST PART:

AND

blank line

of the Post Office of blank line

in the Province of blank line

(hereinafter called the “Veteran”)

OF THE SECOND PART:

WHEREAS:

The Veteran has been certified by the Director to be qualified to participate in the benefits under the Veterans’ Land Act;

Pursuant to the provisions of the said Act the Director has acquired the land hereinafter more particularly described and has determined the cost to the Director of the said land together with improvements to be effected, if any.

The parties have agreed that the outstanding indebtedness under any previous Agreement of Sale shall form part of the indebtedness under this Agreement and shall be repayable in accordance with the terms of this Agreement.

NOW THIS AGREEMENT WITNESSETH as follows:

1. In consideration of the conditions and provisions herein contained the DIRECTOR AGREES TO SELL TO THE VETERAN WHO AGREES TO PURCHASE all and singular that certain parcel of land and premises lying and being in the Province of blank line

more particularly described as follows:

at and for the sale price of blank line

blank lineDollars ($blank line)

of lawful money of Canada, payable to the Director at his office in the City of Ottawa, or at his office for the region in which the said land is situated, on the days and in the manner hereinafter set out, upon and subject to the terms, conditions and stipulations herein contained, and the payments to be made as herein specified, the observance of each and every of the said conditions and stipulations, as well as the making of the said payments being expressly declared the essence of this Agreement.

2. (1) The Director acknowledges having received from the Veteran the sum of blank line

blank lineDollars ($blank line)

being the down payment on the sale now being made under Part I of the Act.

(2) It is agreed:

that the balance of the sale price outstanding on the sale now being made under Part I of the Act is the sum of blank line

blank lineDollars ($blank line);

that the balance of the sale price outstanding on any previous sale made under Part I of the Act is the sum of blank line

blank lineDollars ($blank line);

that the amount of the loan now being made under Part III of the Act is the sum of blank line

blank lineDollars ($blank line);

that the balance outstanding under any previous loan made under Part III of the Act is the sum of blank line

blank lineDollars ($blank line).

Balance of the sale price payable to the Director blank line

blank lineDollars ($blank line).

(3) The Veteran covenants and agrees that he will pay to the Director the balance of the said sale price as follows; the sum of blank line

blank lineDollars ($blank line)

with interest at the rate of 3 1/2 per cent per annum; the sum of blank line

blank lineDollars ($blank line)

with interest at the rate of blank lineper annum;

the sum of blank lineDollars ($blank line)

with interest at the rate of blank lineper annum;

the sum of blank lineDollars ($blank line)

with interest at the rate of blank lineper annum;

the sum of blank lineDollars ($blank line)

with interest at the rate of blank lineper annum;

and the sum of blank lineDollars ($blank line)

with interest at the rate of blank lineper annum.

Interest at the said rates to accrue from theblank lineday ofblank line, 19blank line and to be paid in the following manner:

Inblank lineequal consecutive amortizedblank line payments of blank lineDollars ($blank line) such payments to be made on theblank line the first of such payments to be made on theblank lineday ofblank line, 19blank line. Each amortized payment consists of principal and interest, such interest being calculated yearly not in advance, which payments are sufficient on an amortization plan to pay the principal and interest thereon. Each amortized payment shall be applied, firstly, in the reduction of interest outstanding and secondly, in the reduction of principal. All payments of principal on becoming overdue shall bear interest at the rate(s) aforesaid.

3. The Veteran agrees that the Director has determined the cost to the Director under Part I of the Act inclusive of any cost under a previous Agreement which is included in this Agreement to be the sum of blank line

blank lineDollars ($blank line).

The Veteran further agrees that save upon payment in full of the said Part I cost together with interest at the rate of 3 1/2 per cent per annum, together with the balance of the said Part III loan or loans payable under Clause 2 hereof together with interest thereon at the rate or rates therein set out and all other charges in respect thereof and any amount payable to the Director under any Agreement of Sale of Livestock and Equipment, Agreement of Sale of Permanent Improvements, no conveyance or transfer shall be given by the Director to the Veteran during a period of 10 years from theblank lineday ofblank line, 19blank line, which is the effective date of this Agreement for the purposes of subsection 11(4)(a) of the Act, and thereafter only if the Veteran has complied with the terms of this Agreement for the said 10-year period.

4. The Veteran immediately upon the execution of this Agreement shall have the right of possession of the said land and he agrees forthwith to enter into occupation of the said land, and, save with the approval of the Director, to reside thereon during the continuance of this Agreement.

5. The Veteran agrees that he will not lease the said land during the first 10-year period from the effective date of this Agreement and thereafter only with the permission of the Director, and that the Director, his officers, agents and employees, may at any and all times enter upon the said land, or any part thereof, to view the state of the buildings and of the cultivation and to inspect the farming operations.

6. The Veteran agrees that he will in a good and husbandmanlike manner, in each and every farming season during the continuance of this Agreement, break, cultivate, seed and crop the said land or such portion thereof as may from time to time be expedient in good farming operation of the said land, and that instructions as to cultural practices or management given by the duly authorized representative of the Director shall be observed.

7. It is agreed between the parties hereto that all buildings and any appurtenances thereto now on, or which may be erected or constructed on, the said land shall be a part of the freehold, and shall not be removed or destroyed without the previous permission of the Director in writing, and the Veteran agrees that he will keep and maintain the said land, buildings and any and all appurtenances, and all fixtures and things thereto belonging in good and substantial repair and in a tidy and clean condition, damage by fire, lightning and tempest only excepted, and that he will permit any agent of the Director at any time during the currency of this Agreement to enter and view the state of repair and cleanliness, and further, that he will promptly repair and clean according to notice and fulfill any further requirements which the Director may deem necessary, and in default of his compliance with any such notice as aforesaid, the Director may enter upon the property and effect such work as he may deem necessary and all costs so incurred by the Director shall be repaid by the Veteran on demand with interest at the rate ofblank lineper annum from the time of such payment by the Director and until so repaid the amount of such payment shall be added to the purchase price of the said land.

8. The Veteran agrees that, save with the approval of the Director, during the continuance of this Agreement no building or buildings, booth, or structure of any kind whatsoever shall be erected on the premises, or additions or alterations made to existing buildings. The Veteran also agrees that he will not exercise or carry on nor permit to be exercised or carried on in or upon the said land any form of trade, business or undertaking likely to be obnoxious to the occupiers or owners of the adjoining lands.

9. The Veteran covenants that he will commit no waste on the said land and that he will not, without the consent of the Director in writing, cut any wood or timber therefrom except a quantity sufficient for fuel and fencing for actual and necessary use thereon, and for buildings to be erected thereon.

10. The Veteran covenants and agrees that the title, ownership and right of possession of any livestock, farm equipment and other chattels as described in any Purchasing Orders, together with the natural increase of such livestock held as security by the Director, whether purchased by the Director for the Veteran or title to which is transferred as security to the Director, shall remain in the possession of the Director until all moneys herein agreed to be paid and all other charges are fully paid or until the title, ownership, and right of possession are transferred by the Director to the Veteran under the relevant provisions of the Act.

11. The Veteran covenants and agrees to pay punctually and regularly all rates, taxes and assessments that have been or may be levied or imposed upon or in respect of the said land or improvements thereon for the current year, and each subsequent year during the continuance of this Agreement, and to deliver the receipts for same to the Director prior to the 31st day of December in each year, and if the Veteran fails or neglects to pay any such lawful rates, taxes or assessments by the date on which such rates, taxes or assessments fall due, that the Director may pay any arrears of such rates, taxes or assessments and all moneys so expended by the Director shall be repaid by the Veteran on demand with interest at the rate ofblank lineper annum from the time of such payment by the Director and until so repaid the amount of such payment shall be added to the purchase price of the said land.

12. The Veteran agrees that he will, during the continuance of this Agreement, insure and keep insured against loss or damage by fire, tempest and flood to the extent of the full insurable value, in an Insurance Company approved by the Director, all buildings now erected, or which may hereafter be erected, on the said land, and will also insure and keep insured against loss or damage by fire and such other perils as required by the Director such livestock, farm equipment and other chattels as may be designated by the Director in such amounts as the Director deems necessary in an Insurance Company approved by the Director and will not do or suffer anything whereby any insurance policy or policies may be vitiated, and will pay all premiums and sums of money necessary for such purpose as the same become due, and will assign to the Director the proceeds of the insurance policy or policies and have attached to the policy or policies the Special Loss Payable Clause as prescribed by the Director. When so required by the Director, the Veteran shall deliver to the Director the policy or policies of insurance and renewal receipt or receipts thereto appertaining. When the Veteran neglects to keep insured the said buildings or any of them and livestock, farm equipment and other chattels, or to attach the Special Loss Payable Clause as above required, or to pay the premiums, or, when so required by the Director, fails to deliver the policy or policies and renewal receipts to the office of the Director for the region within which the land is situated at least 3 days before the insurance then existing shall expire, then the Director may insure the said buildings and livestock, farm equipment and other chattels and all moneys so expended by the Director shall be repaid by the Veteran on demand with interest at the rate ofblank lineper 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 the said land. The Veteran agrees on the occurrence of loss or damage to furnish forthwith at his own expense all the necessary proofs and do all the necessary acts to enable the Director to obtain payment of the insurance moneys and that all moneys received by the Director by virtue of any policy shall be disbursed or applied to the Veteran’s account by the Director in accordance with the Act.

13. (1) It is agreed that if the Veteran sells or attempts to sell or otherwise dispose of the whole or any part of the said land, or if the Veteran, save with the approval of the Director, fails to remain in actual and personal possession and occupation of the said land, or if he fails to cultivate the said land in a good husbandmanlike manner as provided by this Agreement, or fails to pay promptly any payment hereinbefore mentioned when the same falls due, or fails to comply with any covenant or condition contained in this Agreement or any of the provisions of his Undertaking Precedent to the Granting of a Part III Loan which forms part of his Application for Assistance, the Director may, subject to the provisions of the Veterans’ Land Act and the Regulations made thereunder, without any formal re-entry or retaking and without resort to proceedings in equity or at law, rescind this Agreement. The effect of such rescission shall be to vest the said land 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 him for any estate in, or lien, charge or encumbrance upon or against the said land.

(2) It is further agreed that if the Veteran sells or attempts to sell or otherwise dispose of any livestock or any natural increase thereof or any farm equipment or other chattels held by the Director as security without the written approval of the Director or if the Director considers that through neglect or otherwise any such livestock, farm equipment and other chattels are misused by the Veteran or if the Veteran fails to comply with any covenant or condition in this Agreement, any portion of the moneys herein agreed to be paid and then outstanding shall, at the option of the Director, become due and payable forthwith and the Director may, in his discretion, by his officers, agents or employees, repossess any or all of the livestock, farm equipment, and other chattels referred to in this Agreement and sell or dipose of them and, at the option of the Director, apply the proceeds towards the indebtedness owing under this Agreement.

14. The Veteran agrees that until the Director grants or conveys the said land to him, the Veteran shall hold or occupy the said land as a Tenant at Will.

15. It is agreed that upon punctual payment by the Veteran of all moneys herein by him agreed to be paid and subject to performance of all and singular the aforesaid provisions, conditions and agreements he shall be entitled to a conveyance of the said land free from all encumbrances other than such as may have resulted through the act or neglect of the Veteran, but subject nevertheless to all reservations, limitations, provisos and conditions contained or expressed in the title held by the Director.

16. Wherever the singular or the masculine is used throughout this Agreement, it shall be construed as including the plural or feminine wherever the context so requires, and the expression “Veteran” shall include the heirs, devisees and personal representative of the Veteran, and the expression “Director” shall include the successors and assigns of the Director.

17. Any assignment of this Agreement shall not be valid.

18. It is expressly agreed between the parties hereto that time shall be of the essence of this Agreement.

19. It is agreed that the Veteran may at any time, without giving notice or paying a bonus, pay the whole or any part of the moneys herein agreed to be paid.

20. In the event this Agreement is rescinded as hereinbefore provided, all moneys theretofore paid by the Veteran shall be retained by the Director, excepting as otherwise provided in the Veterans’ Land Act.

IN WITNESS WHEREOF the Director has authorized to be hereunto affixed his corporate seal and his name to be signed, and the Veteran has hereunto set his hand and seal and designated the undernamed place as his post office address.

WITNESS:

blank line

As to execution by the Director

blank line

Director

(Seal)

blank line

As to execution by the Veteran

blank line

Signature of Veteran

blank line

Post Office Address

AFFIDAVIT TO BE TAKEN BY WITNESS TO AGREEMENT

I, blank line
Province

{

of theblank line of blank line in the
ofblank lineProvince ofblank line

blank line

(Occupation of Witness)

make oath and say as follows:

1. THAT I was personally present and did see the within Agreement and duplicate duly executed byblank line

blank line

(Full Name of Veteran)

one of the parties thereto.

2. THAT I know the said party and that he is of the full age of twenty-one years.

3. THAT the same was executed atblank line in the Province aforesaid and that I am a subscribing witness to the within Agreement and duplicate.

SWORN before me at theblank line
of blank line, in the Province of
blank line, this blank line day of

}

blank line

(Signature of Witness)

blank line, A.D. 19blank line
blank line

Notary Public, Justice of the Peace, Commissioner for Oaths, or Authorized for this purpose under the Veterans’ Land Act.

SCHEDULE III(s. 54)Agreement of Sale of Permanent Improvements

MEMORANDUM OF AGREEMENT made thisblank line day ofblank lineA.D. 19blank line pursuant to Part I of the Veterans’ Land Act.

BETWEEN:

THE DIRECTOR, THE VETERANS’ LAND ACT

(hereinafter called the “Director”)

OF THE FIRST PART:

AND

blank line

of blank linein the

Province of blank line

(hereinafter called the “Veteran”)

OF THE SECOND PART:

WHEREAS by Agreement of Sale in writing dated theblank lineday ofblank line, 19blank line, (hereinafter called the “Principal Agreement”), the Director agreed to sell to the Veteran and the Veteran agreed to purchase from the Director the land therein described;

AND WHEREAS in the Principal Agreement the cost to the Director under Part I was the sum of blank line

blank lineDollars ($blank line);

AND WHEREAS the Director has approved the expenditure under Part I of the further sum of blank line

blank lineDollars ($blank line)

to effect permanent improvements on the said land;

AND WHEREAS the Director has agreed to sell the permanent improvements to the Veteran for the sum of blank lineDollars ($blank line).

NOW THIS INDENTURE WITNESSETH as follows:

1. In consideration of the conditions and provisions herein contained the Director agrees to sell to the Veteran, and the Veteran agrees to purchase, the said permanent improvements at and for the price or sum ofblank line

blank lineDollars ($blank line)

of lawful money of Canada, payable to the Director at his office in the City of Ottawa, or at his office for the region in which the said land is situated, on the days and in the manner hereinafter provided, upon and subject to the terms, conditions and provisions herein contained or applying hereto, and the payments to be made as herein specified, the observance of each and every of the said terms, conditions and provisions, as well as the making of the said payments being expressly declared the essence of this Agreement.

2. The Veteran covenants and agrees with the Director that he will pay the Director the said purchase price as follows, that is to say, the sum ofblank line

blank lineDollars ($blank line)

at the time of the execution of these presents, the receipt of which is hereby acknowledged, and the balance being the sum ofblank lineDollars ($blank line) with interest at the rate of 3 1/2 per cent per annum from the date hereof, shall be payable inblank lineequal consecutive payments ofblank line

blank lineDollars ($blank line)

each consisting of principal and interest, such interest being calculated yearly not in advance, which payments are sufficient on an amortized plan to pay the principal and interest thereon. The said equal consecutive payments shall be combined with the payments called for in the Principal Agreement and the combined payments shall be paid on the payment dates, and shall be applied in the manner, set out in clause numbered 2 of the Principal Agreement, provided that the first of such combined payments shall become due and be paid on theblank lineday ofblank line, 19blank line.

3. It is hereby agreed that the terms, conditions and provisions of the Principal Agreement and any amendments subsequent to the date thereof are incorporated into and form part of this Agreement, the necessary changes being deemed to have been made, and that any default under the Principal Agreement shall be deemed to be a default under this Agreement, and any default under this Agreement shall be deemed to be a default under the Principal Agreement.

4. It is hereby mutually agreed that for the purposes of Section 11(4)(a) of the Veterans’ Land Act the effective date of this Agreement or contract shall be the date hereof.

IN WITNESS WHEREOF the Director has authorized to be hereunto affixed his corporate seal and his name to be signed, and the Veteran has hereunto set his hand and seal and designated the undernamed place as his post office address.

WITNESS:

blank line

As to execution by the Director

blank line

Director

(Seal)

blank line

As to execution by the Veteran

blank line

Signature of Veteran

blank line

Post Office Address

AFFIDAVIT TO BE TAKEN BY WITNESS TO AGREEMENT

I, blank line
Province

{

of theblank line of blank line in the
ofblank lineProvince ofblank line

blank line

(Occupation of Witness)

make oath and say as follows:

1. THAT I was personally present and did see the within Agreement and duplicate duly executed byblank line

blank line

(Full Name of Veteran)

one of the parties thereto.

2. THAT I know the said party and that he is of the full age of twenty-one years.

3. THAT the same was executed atblank line in the Province aforesaid and that I am a subscribing witness to the within Agreement and duplicate.

SWORN before me at theblank line
of blank line, in the Province of
blank line, this blank line day of

}

blank line

(Signature of Witness)

blank line, A.D. 19blank line
blank line

Notary Public, Justice of the Peace, Commissioner for Oaths, or Authorized for this purpose under the Veterans’ Land Act.

SCHEDULE IV(s. 54)Agreement for Assistance Loan

MEMORANDUM OF AGREEMENT made thisblank line day ofblank lineA.D. 19blank line pursuant to Part III of the Veterans’ Land Act.

BETWEEN:

THE DIRECTOR, THE VETERANS’ LAND ACT,

(hereinafter called the “Director”)

OF THE FIRST PART:

AND

blank line

of blank linein the

Province of blank line

(hereinafter called the “Veteran”)

OF THE SECOND PART:

WHEREAS by Agreement of Sale in writing of the blank line day ofblank line 19blank line, hereinafter called the Principal Agreement, the Director agreed to sell to the Veteran blank line and the Veteran agreed to purchase from the Director the land therein described;

AND WHEREAS the Director has agreed to advance a loan, as provided by Part III of the Veterans’ Land Act, to the Veteran in the amount ofblank line

blank line Dollars ($blank line).

NOW THIS AGREEMENT WITNESSETH as follows:

(1) The Veteran covenants and agrees with the Director that he will repay to the Director the sum of blank line Dollars ($blank line) at the Director’s Office in the City of Ottawa, or at his office for the region in which the land is situated, together with interest thereon at the rate ofblank line per annum and made payable in the following manner, namely:

Inblank line equal consecutive amortized monthly payments ofblank line Dollars ($blank line) such payments to be made on the first day of each and every month, the first of such payments to be made on theblank line day ofblank line 19blank line. Each amortized payment consists of principal and interest, such interest being calculated yearly not in advance, which payments are sufficient on an amortization plan to pay principal and interest thereon. Each amortized payment shall be applied, firstly, in the reduction of interest outstanding and secondly, in the reduction of principal. All payments of principal on becoming overdue shall bear interest at the rate aforesaid.

(2) This Agreement is supplementary to and forms part of the Principal Agreement and any default under the Principal Agreement aforesaid shall be deemed to be a default under this Agreement, and any default under this Agreement shall be deemed to be a default under the said Principal Agreement.

(3) The lands being purchased under Part I of the Act are the lands described in Schedule “I” hereto. Where additional lands are being purchased from the proceeds of this loan, the lands are described in Schedule “II” hereto and are subject to the same terms and conditions as are contained in the Principal Agreement.

(4) The Veteran shall not be entitled to a conveyance or transfer of either the land described in this Agreement or the land described in the Principal Agreement until he has fully complied with the terms of this Agreement and the Principal Agreement whether as to terms of payment or otherwise, and as long as any portion of the loan to which this Agreement relates remains unpaid, the Director has a first and paramount lien in respect thereof on the land described in the Principal Agreement and in this Agreement, which lien has priority over all other rights, interests, liens, charges, claims or demands whatsoever of any other person.

(5) The Veteran may at any time without giving notice or paying bonus, pay the whole or any part of the indebtedness to the Director under this Agreement.

(6) The Veteran agrees that if the Director, pursuant to the provisions of the Principal Agreement, disburses moneys in payment of the costs of cleaning and repairing, in payment of insurance premiums or in payment of rates, taxes or assessments or in any other manner disburses moneys pursuant to the provisions of the Principal Agreement or the Veterans’ Land Act, the interest chargeable on such disbursements, notwithstanding the interest rate that may be prescribed in the Principal Agreement, shall be at the rate ofblank line per annum.

IT IS PROVIDED that, in the event of any sale, lease or other disposition by the Veteran of the land described in the Principal Agreement, or any land purchased from the proceeds of this loan, any portion of the loan then outstanding shall, at the option of the Director, become due and payable forthwith.

IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.

WITNESS:

blank line

As to execution by the Director

blank line

Director

(Seal)

blank line

As to execution by the Veteran

blank line

Signature of Veteran

blank line

Post Office Address

SCHEDULE I (Part I lands)

blank line

blank line

blank line

blank line

SCHEDULE II (Part III lands)

blank line

blank line

blank line

blank line

AFFIDAVIT TO BE TAKEN BY WITNESS TO AGREEMENT

I, blank line
Province

{

of theblank line of blank line in the
ofblank lineProvince of blank line

blank line

(Occupation of Witness)

make oath and say as follows:

1. THAT I was personally present and did see the within Agreement and duplicate duly executed byblank line

blank line

(Full Name of Veteran)

one of the parties thereto.

2. THAT I know the said party and that he is of the full age of twenty-one years.

3. THAT the same was executed atblank line in the Province aforesaid and that I am a subscribing witness to the within Agreement and duplicate.

SWORN before me at theblank line
of blank line, in the Province of
blank line, this blank line day of

}

blank line

(Signature of Witness)

blank line, A.D. 19blank line
blank line

Notary Public, Justice of the Peace, Commissioner for Oaths, or Authorized for this purpose under the Veterans’ Land Act.

Date modified: