Veterans’ Land Regulations (C.R.C., c. 1594)
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Regulations are current to 2024-10-30
Dominion or Provincial Lands
40 (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
41 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
42 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.
43 (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.
Column I Column II Column III Specified Grain Minimum yield in bushels per seeded acre Maximum yield in bushels per seeded acre 1. Wheat 6 18 2. Oats 12 36 3. Barley 8 24 4. Flax 3 9 5. Rye 4½ 13½ 6. Rapeseed 4½ 13½
Disposal of Surplus Lands
44 (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
45 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
46 (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
47 (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.
48 (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
49 (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.
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