Soldier Settlement Act

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• 1Short title

  This Act may be cited as the Soldier Settlement Act.

• 2Definitions

  In this Act, and in any regulations made under it, unless the context otherwise requires, the expression

• 2[p2]
• 2[p2](a)

  agricultural land means land which, in the opinion of the Board, is adaptable for agricultural purposes and the value whereof for any other purpose is not greater than its value for agricultural purposes;

• 2[p4]
• 2[p4](b)

  block means a parcel or parcels of land owned within a settlement area by any person, and whether or not the parcels are contiguous the one to the other, but including only the parcels any part of any one whereof is situated within three miles from any part of another of them;

• 2[p6]
• 2[p6](c)

  Board means the Director of Soldier Settlement;

• 2[p8]
• 2[p8](cc)

  Commissioner of the Board means the Director of Soldier Settlement;

• 2[p10]
• 2[p10](d)

  Court means the Federal Court of Canada;

• 2[p12]
• 2[p12](e)

  district superintendent means a person appointed as such by the Board;

• 2[p14]
• 2[p14](f)

  Dominion lands means any lands owned or held by the Dominion of Canada, excepting Indian or School Lands;

• 2[p16]
• 2[p16](g)

  former Act means The Soldier Settlement Act, 1917;

• 2[p18]
• 2[p18](h)

  gazetted means published in the Canada Gazette;

• 2[p20]
• 2[p20](i)

  land or lands includes granted or ungranted, Dominion, provincial or private lands, and real or immovable property, messuages, lands, tenements and hereditaments of any tenure, and real rights, easements and servitudes, streams, watercourses, waters, roads and ways, and all rights or interests in, or over, or arising out of, and all charges upon, land or lands as herein defined;

• 2[p22]
• 2[p22](j)

  military and military forces include “naval” and “naval forces”;

• 2[p24]
• 2[p24](k)

  Minister means the Minister of Veterans Affairs;

• 2[p26]
• 2[p26](l)

  owner includes a person holding private land in fee simple, and a person who, being trustee, executor, administrator, life tenant, mortgagee or otherwise, has the legal power to will or convey, whether with or without the consent or approval of a court or of any person having any estate or interest, such land to be held in fee simple or by a person as the owner thereof;

• 2[p28]
• 2[p28](m)

  permanent improvements and improvements includes buildings;

• 2[p30]
• 2[p30](n)

  private land means any land which has been alienated by the Crown;

• 2[p32]
• 2[p32](o)

  property includes land, as herein defined, and goods, chattels real and personal, and personal or movable property, and all rights or interests in, or over, or arising out of, and all charges upon, property as herein defined;

• 2[p34]
• 2[p34](p)

  Registrar of Deeds or Registrar includes the registrar of land titles, or other officer, with whom, according to the law of a province, title to land is registered;

• 2[p36]
• 2[p36](q)

  Registry of Deeds or other words descriptive of the office of a registrar of deeds, includes the land titles office, or other office in which, according to the law of a province, title to land is registered;

• 2[p38]
• 2[p38](r)

  settlement area means an area of land in any part of Canada, so designated, and defined as this Act requires by the Board, within which the Board exercises or proposes to exercise, its power of compulsorily purchasing lands;

• 2[p40]
• 2[p40](s)

  settler to mean male member only of certain military forces means a person who at any time during the war has been therein engaged on active service in a military force and has been otherwise than dishonourably discharged from such force, or has been permitted honourably to resign or retire therefrom, or, without fault on his part, has been dispensed from further service therein; and the widow of any person who died on active service and who, but for his death, might be a settler as now defined, shall be capable of being a settler in her deceased husband’s right: Provided that, notwithstanding anything in this Act, settlers of the class numbered (iii) in this definition may be required by the Board to provide a larger cash down payment in case of purchase of property from the Board or to provide greater or other security in case of an advance or loan received from the Board, than is by t…

• 2[p40](s)(i)

  of Canada and has served out of Canada; or wherever he may have served, is, by reason of disability incurred or aggravated as the result of such service, in receipt of a pension, or

• 2[p40](s)(ii)

  of His Majesty or of any of His Majesty’s Allies and, being ordinarily resident in Canada when he enlisted in or otherwise became a member of such force, has served thereafter out of Canada, in a theatre of actual war, or

• 2[p40](s)(iii)

  of His Majesty or of any British Dominion or Colony and has served out of the country wherein he enlisted or otherwise became a member of such force in a theatre of actual war;

• 2[p45]
• 2[p45](t)

  soldier grant means a free entry on Dominion lands, granted by the Minister to a settler recommended by the Board;

• 2[p47]
• 2[p47](u)

  special settler means a settler as defined in this section, who, in the opinion of the Board, has had adequate and successful farming experience in Canada, and who is possessed of qualifications or equipment which, in the opinion of the Board, specially fit him for success as a farmer;

• 2[p49]
• 2[p49](v)

  standard date means the first day of October in Manitoba and the provinces west thereof, and the first day of November in the provinces east of Manitoba;

• 2[p51]
• 2[p51](w)

  this Act and Act and former Act includes regulations lawfully made thereunder;

• 2[p53]
• 2[p53](x)

  the war means the war declared by His Majesty on the fourth day of August, one thousand nine hundred and fourteen, against the Empire of Germany and, subsequently, against other powers.

• 3The Director of Soldier Settlement
• 3(1)

  The person who from time to time holds the office of the Deputy Minister of Veterans Affairs or such person as the Deputy Minister may designate is, by virtue of holding that office or by virtue of that designation, as the case may be, the Director of Soldier Settlement.

• 3(2)Powers of Director Transportation

  The Director of Soldier Settlement shall have and exercise all the powers and authority heretofore vested in the Soldier Settlement Board, and shall have and be accorded the same rights or privileges as to transportation free or at reduced rates upon railways as are from time to time enjoyed by a deputy head of a department.

• 3(3)Salary

  There shall be paid monthly to the Director of Soldier Settlement such salary and at such rate per annum as the Governor in Council shall fix and allow.

• 3(4)Reference to the Board deemed a reference to the Director

  In this Act and in any regulations made under it, unless the context otherwise requires, any reference to the Board or to any Commissioner of the Board shall be deemed to be a reference to the Director of Soldier Settlement.

• 3(5)Repealed

  [Repealed, 2000, c. 34, s. 47]

• 4Director to be a corporation sole and agent of Crown in right of Canada
• 4(1)

  For the purposes of acquiring, holding, conveying and transferring and of agreeing to convey, acquire or transfer any of the property which he is by this Act authorized to acquire, hold, convey, transfer, agree to convey or agree to transfer, but for such purposes only the Director of Soldier Settlement shall be a corporation sole and as such the agent of the Crown in the right of the Dominion of Canada, except as hereinafter provided.

• 4(2)Property to vest in the Director Director not subject to enactment respecting corporations

  All property acquired for any of the purposes of this Act shall vest in the Director of Soldier Settlement as such corporation sole; but these provisions shall not in anywise restrict, impair or affect the powers conferred upon the Director of Soldier Settlement generally by this Act nor subject him to the provisions of any enactment of the Dominion or of any province respecting corporations.

• 4(3)Seal of Director

  The Director of Soldier Settlement in his corporate capacity shall have an impress seal inscribed with the words “The Director of Soldier Settlement of Canada” and showing the coat of arms of Canada.

• 4(4)Execution of documents Evidence

  All documents which require execution by the Director of Soldier Settlement in his corporate capacity shall be deemed validly executed if the said seal is affixed and the name of the Director of Soldier Settlement is signed thereto, the whole in the presence of one other person who has subscribed his name as witness; and every document which purports to have been impressed with the seal of the Soldier Settlement Board and sealed and signed in the presence of a witness by a commissioner on behalf of the said Board or which purports to be impressed with the seal of the Director of Soldier Settlement and to be sealed and signed in the presence of a witness by the Director of Soldier Settlement shall be admissible in evidence in all courts in Canada without proof of any such seal or of such sealing or signing.

• 4(5)Land deemed to be held by Director as corporation sole

  Any land vested in the Director of Soldier Settlement in respect of which an assessment has been duly made by a taxing authority at any time since the first day of January, 1933, is hereby declared for the purpose of recourse to the land itself for realization for taxes based upon such assessment and for such purpose only to be and from the said first day of January, 1933, to have been held by the said Director of Soldier Settlement as such corporation sole and not as an agent of the Crown in the right of the Dominion of Canada.

• 5Officers, clerks and employees
• 5[p68]

  The Board may, from time to time, subject to the provisions of the Civil Service Act, attach to its service such officers, instructors, clerks, stenographers and other employees as the execution of the purposes of this Act may require, and at such salaries as the Governor in Council may approve.

• 52.Tenure of office

  All such appointees shall hold office during the pleasure of the Board and shall perform such duties and functions as the Board shall prescribe.

• 5(3)Certain officers deemed to be permanent employees R.S., c. 22

  Any officer, instructor, clerk, stenographer or other employee attached on the first day of July, 1935, to the service of the Director of Soldier Settlement whose position is in a report in writing of the Director of Soldier Settlement certified to be of indeterminate duration and who upon the recommendation of the Treasury Board is designated by the Governor in Council shall, notwithstanding anything contained in the Civil Service Act, be deemed to be a permanent employee and shall upon such designation become subject in all respects to the Civil Service Act.

• 6Minister may reserve and transfer lands to Board
• 6[p72]

  The Minister may, at the request of the Board, for the execution of any of the purposes of this Act, reserve, or, with the approval of the Governor in Council, transfer, to the Board, any Dominion lands which are under the Minister’s administration.

• 62.Lapse of reservation

  Any reservation of lands made pursuant to this section shall lapse and become determined whenever the Minister shall, before transfer made to the Board, so direct.

• 7Board may acquire lands and other property by agreement

  The Board may, for the execution of any of the purposes of this Act, such agricultural land, situate in any part of Canada, and such live stock, farm equipment and building materials as it may deem necessary.

• 7(a)

  purchase by agreement, at prices which to it shall seem reasonable; or

• 7(b)

  in any other manner acquire by consent or agreement, from all persons, firms and corporations;

• 8Compulsory purchase

  The Board may, for the execution of any of the purposes of this Act, acquire by way of compulsory purchase, in the manner provided by Part III of this Act, from all persons, firms, and corporations, such agricultural land as it may deem necessary.

• 9Arrangements with provincial governments to acquire agricultural lands

  The Board may, with the approval of the Governor in Council, arrange with the Government of any province

• 9(a)

  for the acquiring or utilizing for any of the purposes of this Act of any Crown or other agricultural lands of such province; and

• 9(b)

  the terms and conditions upon which the Board will acquire, hold and dispose of or will utilize such lands, or upon which it will assist settlers to whom such province itself shall grant or convey any of such lands, such terms and conditions to be, as nearly as possible, the same as those which are by or under this Act provided with respect to settlers to whom the Board shall sell lands acquired by it.

• 10Indian lands

  The Board may acquire from His Majesty by purchase, upon terms not inconsistent with those of the release or surrender, any Indian lands which, under the Indian Act, have been validly released or surrendered.

• 11School lands
• 11[p83]

  Notwithstanding anything in the Dominion Lands Act having reference to school lands, the Governor in Council may, for such price as two arbitrators, one thereof appointed by the Minister and the other by the Government of the province concerned, shall in writing certify to the Minister as fair and reasonable, grant or convey to the Board any school lands held pursuant to the provisions of that Act.

• 112.Application of amount paid

  The amount payable by the Board for the acquirement of such lands shall be applied as if received as the proceeds of a sale of the same lands made pursuant to the provisions of the Dominion Lands Act.

• 12Valuation of land purchased not to be enhanced because value increased by settlement

  The valuation of any land purchased or proposed to be purchased by the Board, whether by agreement or compulsorily, shall not be enhanced merely because its value has, by reason or in consequence of settlement or settlement operations in the vicinity thereof in execution of any of the purposes of this Act, become enhanced; and, in the absence of satisfactory proof to a contrary effect, any enhancement in the value of the land which has ensued subsequent to such settlement or settlement operations shall be deemed to have ensued by reason or in consequence of such settlement or settlement operations, and the value of the land at the time of its purchase by the Board shall be deemed not greater than its value prior to such settlement or settlement operations.

• 13Tenants, guardians executors, trustees, etc., may sell to Board
• 13[p87]

  Any tenant in tail or for life, grevé de substitution, seigneur, guardian, tutor, curator, committee, executor, administrator, trustee, master or person, not only for and on behalf of himself, his heirs, successors, and assigns, but also for and on behalf of those whom he represents, whether infants, issue unborn, lunatics, idiots, married women, or other persons, seized, possessed, or interested in any land or other property, may contract and agree with the Board for the sale of the whole or any part thereof, and may convey the same to the Board; and may also contract and agree with the Board as to the amount of compensation to be paid for any such land or property and give acquittance therefor.

• 132.Persons under disability

  In any case in which there is no guardian or other person to represent any person under any disability, the Court may, on the application of the Board after due notice to the persons interested, appoint a guardian or person to represent for the purposes hereof such person so under such disability, with authority to give such acquittance.

• 133.Application of compensation money

  The Court in making any order in this section mentioned shall give such directions as to the disposal, application or investment of such compensation money as it deems necessary to secure the interest of all persons interested therein.

• 134.Validity of contracts hereunder

  Any contract or agreement made hereunder, or any conveyance or other instrument made or given in pursuance of such contract or agreement shall be good and valid to all intents and purposes whatsoever.

• 135.Binding for six months on owner

  Every such contract or agreement shall be binding on the owner and on all who may take or claim through or under him, for six months from the date of the contract or agreement, although such land has in the meantime devolved upon or been conveyed or assigned to a third person.

• 136.Registration unnecessary to preserve right of Board

  No surrender, conveyance, mortgage, charge, agreement or award under this Act shall require registration or enrolment to preserve the right of the Board under it, but the same may be registered in the Registry of Deeds for the place where the land lies, if the Board deems it advisable.

• 137.Application of section

  This section shall apply to all Parts of this Act.

• 14Training and instruction in agriculture and economics, and allowances to settlers for same

  The Board may, with the approval of the Governor in Council, make provision for

• 14(a)

  the placing of settlers with farmers for instruction in farming;

• 14(b)

  the establishment of agricultural training stations for settlers;

• 14(c)

  the supply of instructors and inspectors to visit and assist settlers with information and instruction in farming;

• 14(d)

  the training in home economics of the wives and female dependents of settlers; and

• 14(e)

  the payment of subsistence allowances to settlers, for themselves and their dependents, while such settlers are in receipt of such instruction or training.

• 15Free soldier grants
• 15[p101]

  The Minister may issue, free, to any settler a soldier grant for not more than one quarter section, of one hundred and sixty acres, more or less, of lands reserved pursuant to section six of this Act.

• 152.To whom grants not to be accorded

  Unless the Board shall, for special reasons, otherwise recommend, no such free grant shall be made to any settler who

• 152.(a)

  has, pursuant to the provisions of this Act, purchased from the Board any land, or

• 152.(b)

  has, pursuant to the provisions of this or of the former Act, secured from the Board any advance of money for the clearing of encumbrances on, or the purchase of, or the improvement of, any land, or

• 152.(c)

  is owner of or has a vested, possessory interest in, agricultural land of such area as, in the opinion of the Board, constitutes an average farm for the district within which the land is situate, or which, in the opinion of the Board, is of the value of five thousand dollars.

• 153.Conditions provided by Governor in Council

  The Governor in Council may provide, as respects such free grants, such conditions of improvement and occupation as he deems necessary to secure the use of the land for the purposes for which it is granted.

• 16Conditions of sale and conveyance of lands by Board to settlers

  The Board may sell, or dispose of, and, upon full payment made, may convey, to settlers, any lands granted, conveyed or transferred to or acquired by it, or which it may have power to sell or dispose of, but subject in every case of sale of lands acquired by purchase, whether by agreement or compulsorily, to the following provisions: —

• 16(a)

  where the parcel to be sold has been separately acquired the sale price shall be the cost of the parcel to the Board;

• 16(b)

  where the parcel to be sold has been acquired as portion of one or more other parcels the sale price shall be such amount as, in the opinion of the Board, bears the same proportion of the cost of the entire parcel or parcels so acquired as the value of the parcel to be sold bears to the value of the parcel or parcels so acquired;

• 16(c)

  the terms of payment shall be all cash down, or, at the option of the settler, not less than ten per centum cash down and the balance payable in twenty-five or less equal, consecutive, annual instalments, with interest at five per centum per annum, on the amortization plan, with full privilege of prepayment: provided that the Board may, in the case of a special settler, dispense the settler from the making of the whole or any part of the cash down payment, in which case the full or the remaining portion of the sale price shall be paid, in manner hereinbefore provided with respect to a balance of such price, by instalments;

• 16(d)

  no sale shall be made of a larger area than three hundred and twenty acres, unless, in the opinion of the Board, owing to the character of the land, such acreage will not be adequate to enable successful farming operations, nor, except in the case of a settler who is within the terms of the proviso in the next preceding paragraph of this section, shall the balance of sale price left unpaid to the Board at the time of sale exceed four thousand five hundred dollars, nor in the excepted case shall the balance or amount left unpaid exceed five thousand dollars.

• 17Calculation of price by Board
• 17[p113]

  The Board shall calculate in each case of sale the price at which any land may be sold under the provisions of this Act.

• 172.Improvements to be considered

  In calculating the cost to the Board of any land, the Board shall take into consideration not only the cost of the land but also the cost of improvements, if any, effected or to be effected by the Board.

• 18Conditions as to payment of price and balances on sale of live stock and equipment by Board to settler
• 18[p116]

  The Board may sell to settlers any live stock or equipment acquired under authority of this Act, but subject in every case of sale to the following provisions: —

• 18[p116](a)

  the sale price shall be such sum as, according to the calculations of the Board, is the cost to it of the live stock or equipment to be sold;

• 18[p116](b)

  the terms of payment shall be all cash down, or, at the option of the settler, payment in four equal, consecutive, annual instalments, commencing not later than three years from the date of the sale, with interest at five per centum per annum, on the amortization plan, said interest to begin to accrue two years from the date of the sale; the amount owing to the Board upon such sale shall by force of this Act constitute a first charge on any land purchased by the settler from the Board and, as well, on the settler’s own land, if any, and, cumulatively, the title, ownership and right of possession of the live stock, and of the increase thereof, and of the equipment so sold, shall, until the sale price thereof is paid, remain in the Board; the settler to have full privilege of prepayment;

• 18[p116](c)

  the balance of sale price left unpaid to the Board at the time of sale shall not exceed two thousand dollars.

• 182.Limitation as to balance of sale price left unpaid to Board

  In addition to any assistance which a settler, as defined in the former Act, holding any entry on Dominion lands, may have secured or may secure by virtue of the provisions of that Act, the Board may sell to such settler live stock and equipment on the terms of payment set out in this section, save that the balance of sale price left unpaid to the Board shall not exceed one thousand dollars, all other provisions of this Act relating to sales of live stock and equipment made to settlers being deemed to refer and apply mutatis mutandis to any such sale of live stock and equipment, whether such sale is or was made under authority of this subsection or by virtue of the provisions of any Order in Council passed before the seventh day of July, one thousand nine hundred and nineteen, but so that the total made by

• 182.(a)

  the advances of the Board to the settler in any connection under authority of this Act; and

• 182.(b)

  the amounts, exclusive of interest, due by him to the Board as the result of any sale made under authority of this subsection, shall not exceed three thousand dollars.

• 19Advances by Board to settler for improvements not to exceed $1,000
• 19[p124]

  The Board may from time to time advance to any settler to provide, or for application to, permanent improvements on the land of the settler or on the land sold to him by the Board, amounts in money or its equivalent not exceeding in the aggregate one thousand dollars, inclusive of the cost price to the Board of building or other materials supplied by it.

• 192.Advances to constitute first charge

  Such advances shall by force of this Act constitute a first charge on the land of the settler or on the land sold to him by the Board and shall be repayable in twenty-five or less equal, consecutive, annual instalments, with interest at five per centum per annum, on the amortization plan, with full privilege of repayment.

• 193.Supervision of Board

  Every such advance shall be expended under the supervision of the Board.

• 20Dominion, Indian and school lands to be dealt with as if they were private lands

  Subject to the provisions of section fifteen of this Act as to soldier grants of Dominion lands, the Board shall deal with and dispose of all Dominion lands, Indian lands or school lands granted or otherwise conveyed or transferred to it pursuant to sections six, ten and eleven of this Act as nearly as may be as if such lands were private lands acquired by it by way of purchase, but the sale price of such lands shall be such as is approved by the Governor in Council.

• 21No sale of land by Board at less than purchase price
• 21[p129]

  No land which has been acquired or reacquired by the Board, whether by purchase, or by retaking because of default or otherwise, shall be sold or resold by the Board at a price less than the cost to it thereof, calculated as in section seventeen of this Act provided, unless with the approval of the Governor in Council.

• 212.Board to report to Minister if conditions of sale not satisfactory

  If the Board determines that the whole or any part of any land or other property purchased by it cannot or ought not to be sold subject, whether as to sale price or otherwise, to the provisions of sections sixteen to eighteen inclusive of this Act, it shall report to the Minister the circumstances, with a statement of the cost to it of such property or of such part thereof and shall recommend another sale price, or other terms of sale, as the case may be, whereafter any sale of such property or of such part thereof shall be made for such sale price, or upon such other terms, as the Governor in Council may direct.

• 21ATransfer of lands to province or municipality

  The Governor in Council may transfer to the province, or the Director of Soldier Settlement with the approval of the Governor in Council may transfer to the municipality in which such land is situate, the interest of the Director of Soldier Settlement in any land which for a period of two years immediately preceding such transfer has not been the subject of a contract of sale.

• 22Terms of sale set forth in agreement binding
• 22[p133]

  All sales of property made pursuant to the provisions of this Act and whereon any balance of the sale price shall remain payable by instalments or otherwise, shall be evidenced by agreement of sale, which shall fully set forth the terms of sale.

• 222.Board may rescind agreement on default of settler

  If any instalment mentioned in any such agreement of sale is not punctually made or if the settler makes any other default in performance of the terms of such agreement, the Board may without any formal re-entry or retaking and without resort to proceedings in equity or at law, rescind such agreement and resell or otherwise deal with the property as authorized by this Act.

• 223.Rescission vests property in Board

  The effect of such rescission shall be to vest such property in the Board absolutely free and discharged of all rights and claims of the settler, and of all persons claiming or entitled to claim through or under him, for any estate in, or lien, charge or encumbrance upon or against such property.

• 224.Surplus of resale paid to settler; deficiency paid by settler

  If and when such property is resold by the Board, any surplus remains in its hands beyond the amount owing to it as balance of the sale price and interest at five per centum per annum and expenses of taking over and reselling the property, the Board shall pay such surplus to the settler; but if, instead, a deficiency arises, that deficiency shall be paid by the settler to the Board, which shall have a right of action against him therefor.

• 225.Board may order payment of the surplus to credit of the Assurance Fund

  In the case of a settler who has not, in the opinion of the Board, established an equitable claim to such surplus by having taken possession of the land affected and by effecting improvements thereon or otherwise, or who has abandoned the property without notice, the Board may pay the surplus, or, in the discretion of the Board, that part of the surplus in excess of the initial payment made by the settler, to the Receiver General to the credit of the Soldier Land Settlement Assurance Fund.

• 226.Notice by Board to settler

  Before exercising as against land the rights by this section given, the Board shall give to the settler notice of its intention so to do, which notice shall be deemed duly given if mailed in any post office by registered letter addressed to the settler at his last address known to the Board thirty clear days before the Board acts hereunder.

• 22(7)Agreement of sale rescinded Settler may be reinstated

  In the case of any land the title to which may pass by virtue of subsection five of section four of this Act from the Director of Soldier Settlement by reason of any action or proceeding at the instance of a taxing authority, the agreement of sale shall forthwith upon due publication by the taxing authority of any notice of sale of the said land for arrears of taxes be rescinded as fully and with the same effect as if such agreement had been duly rescinded by the Director of Soldier Settlement, but the settler shall be reinstated in such rights with respect to the land as he had prior to the rescission of his agreement upon due payment by him to the Director of Soldier Settlement of the moneys necessary to effect redemption of the land or upon the production by him to the Director of Soldier Settlement of a certificate of redemption duly completed in respect of such land.

• 23Disposal of property by Board in case of rescission

  In the event of the rescission of any contract or agreement by the Board it may, subject to the provisions of section twenty-one, in order to recoup itself for its expenditures in connection with the acquirement of the property with reference to which such agreement of sale was made, and other advances, if any, made to the settler under the provisions of this Act or of the former Act or to regain the value of such property, sell, lease, exchange or otherwise dispose of such property to a settler or, with the approval of the Minister, to any other person.

• 24Terms of lease to settler

  Any land purchased or held for disposition by the Board may, pending such disposition, be leased by the Board to a settler or otherwise upon terms satisfactory to the Minister.

• 25Limitation as to advances to settler to discharge encumbrances
• 25[p143]

  The Board may from time to time advance to a settler, to enable the discharge of encumbrances on agricultural land which is owned and used by him as such, amounts in money not exceeding in the aggregate three thousand five hundred dollars and not exceeding fifty per centum of the value of such land, but so that the total made by

• 25[p143](a)

  the advances of the Board to the settler under this section; and

• 25[p143](b)

  the amounts, exclusive of interest, due by him to the Board in any connection under authority of this Act, shall not exceed five thousand dollars.

• 252.Advances to be first charge secured by first mortgage, terms of repayment, interest, etc.

  Such advances shall, by force of this Act, constitute a first charge on the land of the settler with respect to which the advance is made, and repayment thereof shall be secured by a first mortgage upon such land and shall be made in twenty-five or less equal, consecutive, annual instalments with interest at five per centum per annum, on the amortization plan, with full privilege of prepayment.

• 253.Dominion lands

  In the case of advances made to a settler holding unpatented Dominion lands such advances shall, further, notwithstanding anything in the Dominion Lands Act or any other matter or circumstance, constitute a first charge against such lands, and no patent shall be issued to the settler therefor until such advances, with accrued interest, have been fully repaid.

• 254.No advance without sufficient security and assurance that settler can make living on land

  No advance such as by subsection one of this section authorized shall be made unless the Board is satisfied

• 254.(a)

  that the value of the security, ascertained as in section twelve of this Act directed with respect to lands to be acquired by the Board, is sufficient to justify the making of the advance; and

• 254.(b)

  that the applicant has the ability to make from the land a fair living for himself and his dependents, if any, after paying interest and amortization charges and other necessary payments with respect to such advances and to the land and the cultivation thereof.

• 255.How advances expended

  Every such advance shall be expended under the supervision of the Board.

• 26No patent to issue until amount owing to Board is repaid

  When a settler obtains or has obtained Dominion lands, whether by soldier grant or otherwise, such lands shall be subject to a first charge in favour of the Board for any sum owing to the Board in respect of any sale or advance thereafter approved for and made to him by the Board pursuant to this Act, and no patent shall be issued to such settler for such lands until the amount of such sum so owing with accrued interest has been fully repaid.

• 27Forfeiture by settler of title to land when he is in default Surplus may be paid to the settler or the Assurance Fund
• 27[p154]

  Notwithstanding anything in the Dominion Lands Act or in any other Act, in the event of a settler who is holding any Dominion land on which a charge has been imposed, constituted or created by or under this or the former Act, hereinafter referred to as “charged land” being in default with respect to the terms or conditions of any agreement of sale, mortgage or other document executed or made with or to the Board, the Minister, upon request made by the Board, may declare the right, title and interest of the settler to or in such charged land to be forfeited, whereupon, and also in the event of the right, title or interest of the settler to or in such charged land becoming forfeited for default in performance of settlement conditions or for any other reason apart from the provisions of this section, the Minister may declare the said right, title or interest of such settler, and also the ri…

• 272.Improvements made by the settler

  If a settler who has not complied with the conditions of his entry has effected valuable improvements on the land with his own capital or means to which he has an equitable claim for compensation the Board may, out of the surplus, if any, pay to the settler an amount which the Board has determined that such improvements added to the price realized by the sale of the land.

• 28No sale to any settler who obtained soldier grant, advance on his own land, or owns an average farm

  Notwithstanding anything in this Act, the Board shall not, unless the Minister upon the recommendation of the Board shall approve, sell any lands to any settler who

• 28(a)

  has obtained a soldier grant under this or the former Act;

• 28(b)

  has secured from the Board, under this or the former Act, any advance of money for the clearing of encumbrances on land owned by the settler; or

• 28(c)

  is owner of, or has a vested, possessory interest in, agricultural land of such area as, in the opinion of the Board, constitutes an average farm for the district within which the land is situate, or which, in the opinion of the Board, is of the value of five thousand dollars.

• 29Sale of lands for dairy, educational and other purposes and to provincial authorities: price to be not less than estimated cost to a settler

  Notwithstanding anything in this Act, the Board, with the consent of the Governor in Council, may sell any land which is at its disposal for sale, in the cases and subject to the conditions following, that is to say: —

• 29(a)

  as a site for a dairy factory, cheese factory, fruit preserving factory or creamery, or for any educational, religious, charitable or public purpose, or for any other purpose which, in the opinion of the Board, renders such a sale in the public interest;

• 29(b)

  to any provincial or municipal authority for any purpose;

• 29(c)

  the price shall in each case be fixed by the Governor in Council and shall be not less than the cost of the land as it would be estimated by the Board on a sale to a settler of lands acquired by purchase under this Act.

• 30All agreements between Board and settler under twenty-one years are valid
• 30[p165]

  All deeds of land, all mortgages and charges upon land or goods and all contracts and agreements whatever, including bills of exchange and promissory notes, made or entered into by any settler to or with, or for the benefit or security of, the Board, purporting to act with respect thereto or to accept any thereof in execution of any of its powers under this Act or under the former Act, shall be valid and enforceable notwithstanding that such settler is not of the full age of twenty-one years, or is an Indian or is under any civil disability.

• 30*2.Commencement of section

  This section shall be deemed to have been operative as from the passing of the former Act. [Note: The Soldier Settlement Act, 1917 assented to August 29, 1917.]

• 31Settler occupant deemed tenant

  Every settler holding or occupying land sold by the Board shall, until the Board grants or conveys the land to him, be deemed a tenant at will.

• 32Additional security for advances may be required
• 32[p169]

  Every settler obtaining advances from the Board for any of the purposes of this Act may be required, if the Board considers the security otherwise insufficient, to furnish security on any property owned or held by him.

• 322.Documents to be in prescribed form, and to have statutory effect

  All agreements of sale or otherwise, all instruments evidencing liens or charges, and all other documents authorized or required by this Act, shall be made in such form and according to such forms, and shall contain such provisions as the Board shall provide, and every such document shall have effect as if the form thereof were statutory, and were provided by and as part of this Act.

• 33Unless Board consents, land, stock, etc., held and unpaid in full by settler to be exempt from operation of ordinary laws

  Notwithstanding any law, whether statute or otherwise, in force in any province, unless the Board shall otherwise consent in writing the lands of, or sold by the Board to, a settler, and the live stock and equipment of, or sold by the Board to, a settler, and the increase of any such live stock, and the Board’s and the settler’s respective interests in such lands, live stock and equipment, shall, for so long as any part of the sale price, or the amount of any advance made with respect to any such property, or any interest, or any amount charged upon such property or any thereof in favour of the Board, remains unpaid to the Board, be exempt from and not within the operation of such laws.

• 33(a)

  which authorizes or requires the registration, recording or filing of deeds, mortgages, certificates of judgments, attachments, bills of sale or other documents which affect title to, or evidence the existence of liens or charges upon, real, personal or other property; or

• 33(b)

  which authorizes the levy upon, or sale under attachment, execution or other process, or the expropriation or seizure of real, personal or other property;

• 34While any sum on advances unpaid all properties of settler to remain as security and his interest therein cannot be alienated
• 34[p175]

  Notwithstanding any law, whether statute or otherwise, in force in any province,

• 34[p175](a)

  while any sum shall remain unpaid upon the aggregate advances or payments made from time to time pursuant to the provisions of this Act by the Board to or on behalf of a settler, and secured by or charged whether under this Act or otherwise, upon real, personal or other properties of the settler, or upon the settler’s interest in any of such properties, all of the properties so charged shall continue to be security for repayment of such sum or sums as shall at any time remain unpaid upon any of such advances or payments and, unless with the consent in writing of the Board, the interest of the settler in any of such properties shall not be capable of being voluntarily or involuntarily alienated, or subsequently charged or encumbered nor be subject to the operation of any law or agreement whatever to the prejudice of the claims or charges of the Board;

• 34[p175](b)No judgment, etc., against settler binding on land, stock, etc., while price, advance or interest unpaid to Board

  no deed, mortgage or other instrument executed by or for a settler, and no judgment recovered or attachment, execution or other process issued against him shall, as against the Board, bind or affect the lands or the live stock and equipment, sold by the Board to such settler or his land upon the security of which the Board has made any advance of money, or the increase of any of such live stock sold as aforesaid, for so long as the sale price of said lands, live stock or equipment, or said advance, or any part of said price or advance, or any interest thereon, remains unpaid to the Board;

• 34[p175](c)No priority of claim for wife or husband of settler, notwithstanding dower or other laws of any province, when price, etc., due to Board unpaid

  the wife of any settler shall not, for so long as the sale price, or any part thereof or any interest thereon, or any charge in favour of the Board, remains unpaid upon any lands which were sold by the Board to a settler, or upon the security of which the Board has made any advance of money, have in priority or in prejudice of any claim or charge of the Board against or upon such lands any estate of dower therein nor, during the same period, shall the husband of any settler have, in priority or prejudice as aforesaid, any estate of courtesy in such lands, nor shall the Mechanics’ Lien laws or other lien laws or the dower or homestead laws of any province extend or apply in priority or prejudice as aforesaid to said lands;

• 34[p175](d)No sale or other transaction by settler, while price unpaid, effective against Board

  no sale, gift, delivery, barter, exchange, pledge, charge, lien or other transaction by or for the settler to or with any person, corporation or body other than the Board, and purporting to affect or bind any of such lands, live stock or equipment or any part thereof, sold by the Board to a settler, or the increase of any live stock so sold, shall, while the sale price of such lands, live stock and equipment, or of any part thereof, or any interest on such price thereof, remains unpaid, have, as against the Board, unless with the consent of the Board, any effect whatever;

• 34[p175](e)Crops, live stock, etc., seized shall stand charged with lien in favour of Board

  if the produce or crop of any lands which were sold by the Board to a settler or of any lands upon the security of which the Board has made any advance of money is seized or taken in execution or under any other process, whether the settler shall or shall not have fully paid for said lands, and whether said produce or crop is seized or taken standing, or cut, or in barn, or otherwise, such produce or crop shall stand charged with a lien in favour of the Board for payment of all instalments due or overdue by the settler to the Board at the time of seizure or taking, in respect of the settler’s land, live stock, equipment and permanent improvements, and, as well, all such instalments in respect as aforesaid as will mature within twelve calendar months thereafter.

• 342.Transactions and laws affecting settler subject to this Act

  All lawful transactions by or with and all lawful proceedings against the settler, and all provincial laws affecting him or his property or his property interests, shall, as respects any property, real, personal or other, sold to him by the Board, or charged with any claims of the Board, have effect except as by this Act provided.

• 343.Priority of Board’s liens over all other liens

  Unless the Board shall otherwise consent all liens and charges of the Board shall, while and for so long as they or any part thereof shall remain unpaid to the Board, rank upon the property of the settler, or against his interest in any property subject to lien or charged, in priority to all other liens and charges, and the liens and charges of the Board shall rank pari passu.

• 344.Board may require mortgage defining charge on land, etc.

  The Board may require of any settler the execution of a mortgage, in such form as its regulations may prescribe, defining and securing any charge which is by this or by the former Act imposed or declared to exist or is agreed upon by the Board and the settler.

• 35Settlement areas defined by Board
• 35[p185]

  For the purpose of enabling compulsory purchase of agricultural lands in execution of the purposes of this Act, the Board may establish and define the limits of settlement areas.

• 352.Only in certain districts

  Settlement areas shall be established only in districts wherein by reason of lands remaining undeveloped agricultural production is being retarded.

• 353.Establishment of area by Board conclusive proof

  The Board shall be sole judge as to whether or not in any district, by reason of lands remaining undeveloped, agricultural production is being retarded, and the fact of the establishment of a settlement area in manner by this Part provided shall be conclusive proof in any court or otherwise that any lands within such area which the Board, pursuant to the following provisions of this Part, may proceed to purchase compulsorily are compulsorily purchaseable hereunder, and that such settlement area answers the requirements of the next preceding subsection.

• 36Gazetting notice proof of establishment
• 36[p189]

  A settlement area shall be deemed to be established when the Board has gazetted a notice of such establishment four times with intervals of not less than five days between each gazetting.

• 362.Form of notice

  Such notice shall define the limits of the settlement area so established and shall be sufficient if in form as nearly as may be to form A in the schedule to this Act.

• 363.Publication in newspapers

  The Board shall, in addition to such gazetting, publish like notice to that gazetted four times, with intervals of not less than five days between each publication, in one newspaper having a circulation throughout the district wherein such settlement area is wholly or partly contained and mail two copies of the Gazette in which such notice first appears to the Registrar of Deeds in said district.

• 364.Registrar to file Gazette

  Such Registrar shall preserve such Gazette on file in his office.

• 365.Omission not invalidation

  The omission on the part of the Board to comply with subsection three of this section, or the omission of the Registrar to comply with subsection four of this section, shall not invalidate nor render insufficient any proceedings on the part of the Board for compulsory purchase.

• 37Notice of alteration or disestablishment of area to be gazetted
• 37[p195]

  The Board may, from time to time, curtail, extend or in any other way alter the limits of, or entirely disestablish a settlement area, which shall be deemed to have been done when it has gazetted notice of the alteration or disestablishment in like manner to the gazetting of notice of the original establishment of the area, save that in the case of disestablishment only one gazetting shall be made.

• 372.Form

  The notice shall be sufficient if in form as nearly as may be to form B in the schedule to this Act.

• 373.Notice to be sent to Registrar

  The Board shall publish and mail and the Registrar of Deeds shall preserve on file in manner like to that in section thirty-six provided with respect to the original establishment of the settlement area, save that in the case of disestablishment only one publication shall be made, but non-compliance shall have like absence of effect.

• 38Gazetting constitutes a notice and puts interested person upon inquiry as to action of Board Subsequent registrations entail all charges, etc., on land

  Gazetting as in section thirty-six and thirty-seven of this Act provided shall constitute notice to every person proposing to deal with or acquire any estate or interest in or any charge upon any land within a settlement area that the land is subject to the provisions of this Act, and shall put such person upon inquiry as to the proceedings which may have been taken by the Board, and all subsequent registrations in respect to any parcel of land which is in whole or in part included within such settlement area shall be subject to the rights, options, and privileges of the Board, and the person claiming under any such registration shall take the land subject to all charges and liabilities which have been imposed and to which it may be liable to be subjected under this Act.

• 39Owner to file return with District Superintendent, within 30 days as per form C