Veterans’ Land Act

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Sections381

• 1Short title

  This Act may be cited as the Veterans’ Land Act.

• 2Definitions
• 2(1)

  In this Act

• 2(1)[p3]

  common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

• 2(1)[p4]

  land includes granted or ungranted federal, 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; (terre ou bien-fonds)

• 2(1)[p5]

  Minister means the Minister of Veterans Affairs; (Ministre)

• 2(1)[p6]

  property includes land 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; (biens ou propriété)

• 2(1)[p7]

  veteran means a person who at any time during the war declared by His Majesty on the 10th day of September 1939 against the German Reich and subsequently against other powers, has been therein engaged on active service in a naval, army or air force of Canada, or of any of His Majesty’s forces if at the time of his enlistment he was ordinarily domiciled or resident in Canada, and and veteran also means a British subject who was ordinarily domiciled or resident in Canada at the beginning of the said war and who is in receipt of a pension in respect of a disability incurred while serving upon a ship during the said war; (ancien combattant)

• 2(1)[p7](a)

  whose service has involved duties required to be performed outside the Western Hemisphere,

• 2(1)[p7](b)

  who has served only in the Western Hemisphere for a period of at least twelve months, not including any period of absence without leave or leave of absence without pay, time served while undergoing sentence of penal servitude, imprisonment or detention, or service in respect of which pay is forfeited, or

• 2(1)[p7](c)

  who, wherever he may have served, is by reason of disability attributable to or incurred during such service in receipt of a pension, and has been honourably discharged from such naval, army, air force, or other of His Majesty’s forces, or has been permitted honourably to resign or retire therefrom;

• 2(1)[p11]

  Western Hemisphere means the continents of North America and South America, the islands adjacent thereto, and the territorial waters thereof, including Newfoundland, Bermuda, and the West Indies but excluding Greenland, Iceland and the Aleutian Islands. (hémisphère occidental)

• 2(2)Persons deemed honourably discharged

  For the purposes of this Act,

• 2(2)(a)

  a person who would be a person described in the definition veteran in subsection (1) if he had been honourably discharged from the force or forces referred to therein shall be deemed to have been honourably discharged from such force or forces on the 30th day of September 1947 if not discharged therefrom before that day; and

• 2(2)(b)

  a person who would be a person described in paragraph 4(2)(a),(b) or (c) of the Veterans Benefit Act if he had been honourably discharged from the force or forces referred to therein or his service with such force or forces had been honourably terminated shall be deemed to have been honourably discharged from such force or forces on the 31st day of October 1953 if not discharged therefrom before that day.

• 3The Director, The Veterans’ Land Act
• 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, The Veterans’ Land Act (in this Act referred to as “the Director”).

• 3(2)Administration

  This Act shall be administered by the Minister and the powers and duties conferred or imposed by this Act on the Director shall be exercised or performed subject to the direction of the Minister.

• 4Staff
• 4(1)

  Such officers, instructors, clerks, stenographers and other employees as may be required for the purposes of this Act shall be appointed or employed in the manner authorized by law.

• 4(2)Duties and functions

  All such appointees shall perform such duties and functions as the Director may prescribe.

• 5Director to be a corporation sole
• 5(1)

  For the purposes of acquiring, holding, conveying and transferring and of agreeing to convey, acquire or transfer any of the property that 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 is a corporation sole and he and his successors have perpetual succession, and as such he is the agent of Her Majesty in right of Canada.

• 5(2)Legal proceedings

  Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Director on behalf of Her Majesty, whether in his name or in the name of Her Majesty, may be brought or taken by or against the Director in the name of the Director in any court that would have jurisdiction if the Director were not an agent of Her Majesty.

• 5(3)Conveyance to constitute new titles

  All conveyances from the Director constitute new titles to the land conveyed and have the same and as full effect as grants from the Crown of previously ungranted Crown lands.

• 5(4)Property to vest in the Director

  All property acquired for any of the purposes of this Act shall vest in the Director as such corporation sole; but the provisions of this section do not in any way restrict, impair or affect the powers conferred upon the Director generally by this Act nor subject him to the provisions of any enactment of the Parliament of Canada or the legislature of any province respecting corporations.

• 5(5)Seal of Director

  The Director in his corporate capacity shall have an impress seal inscribed with the words “The Director, The Veterans’ Land Act” and showing the coat of arms of Canada.

• 5(6)Execution of documents

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

• 5(7)Land deemed to be held by Director as corporation sole

  Any land vested in the Director in respect of which an assessment has been duly made by a taxing authority is hereby declared for the purpose of recourse to the land itself for realization of taxes based upon such assessment and for such purpose only, to be held by the Director as such corporation sole and not as an agent of Her Majesty in right of Canada.

• 5(8)Idem

  Any land vested in the Director to which a court order or judgment referred to in section 37 applies is hereby declared, for the purpose of the application of that section, to be held by the Director as a corporation sole and not as an agent of Her Majesty in right of Canada.

• 6Advances out of C.R.F.
• 6(1)

  There may be advanced out of the Consolidated Revenue Fund such amounts as are required for the purposes of Parts I and III with the exception of amounts payable out of money paid to the Director for a special purpose, amounts granted under sections 45 and 46 and amounts payable out of the Veterans’ Land Act Insurance Account established under section 63.

• 6(2)Veterans’ Land Act Fund

  There shall be established in the Consolidated Revenue Fund an account to be known as the Veterans’ Land Act Fund to which shall be charged

• 6(2)(a)

  the remaining principal cost to the Director of all land, improvements, livestock and farm equipment owned by him on the 30th day of June 1965, with the exception of obligations incurred by the Director under sections 45 and 46;

• 6(2)(b)

  the principal balances on advances outstanding on obligations to the Director under Parts I and III with the exception of obligations incurred to the Director under sections 45 and 46; and

• 6(2)(c)

  every advance made out of the Consolidated Revenue Fund pursuant to subsection (1).

• 6(3)Credits

  There shall be shown as credits to the Veterans’ Land Act Fund all principal amounts received by the Director pursuant to Parts I and III with the exception of money paid to the Director for a special purpose, amounts received for deposit to the Veterans’ Land Act Insurance Account established under section 63 and amounts received under sections 45 and 46.

• 6(4)Advances not to exceed prescribed amount

  No advance under subsection (1) shall exceed five hundred and thirty million dollars less the aggregate of all amounts then standing as a charge against the Veterans’ Land Act Fund.

• 6(5)Money paid to the Director for a special purpose

  For the purposes of this section money paid to the Director for a special purpose includes all money that is paid to an officer of the Director under or pursuant to Parts I and III and that is to be disbursed for a purpose specified in or pursuant to Parts I and III.

• 7Training and instruction in agriculture
• 7(1)

  The Director may make provision for

• 7(1)(a)

  placing veterans with selected farmers for practical instruction in farming, and

• 7(1)(b)

  supplying instructors and inspectors to assist veterans with information on and instruction in farming.

• 7(2)Arrangements for supplying instructors

  The Director may make such arrangements as he may deem advisable with any departments of the Government of Canada or the government of a province, the extension departments of Canadian universities and recognized agricultural schools and colleges, for carrying out the purposes of paragraph (1)(b).

• 8Purchase, etc., of lands, buildings and other property

  The Director may, for the purposes of this Part, such lands and buildings situated in any part of Canada and such other property including building materials, livestock, farm equipment and commercial fishing equipment as the Director may deem necessary.

• 8(a)

  purchase by agreement, at prices which to him seem reasonable, or

• 8(b)

  in any other manner acquire by consent or agreement from Her Majesty in right of Canada or from any province or municipal authority, or from any person, firm or corporation,

• 9Buildings and improvements
• 9(1)

  The Director may, for the purposes of this Part,

• 9(1)(a)

  erect on land acquired by him such buildings or effect such other improvements as he may deem necessary;

• 9(1)(b)

  enter into a contract with a person, firm or corporation, or with a province, city, town or municipal authority, for the erection of such buildings and for effecting such other improvements as he may deem necessary; and

• 9(1)(c)

  grant a roadway, right-of-way, easement or other right or interest in, over, through or upon such land.

• 9(2)Improvements

  For the purposes of this section improvements includes works for sewage disposal, works for the supply of water, gas, electricity or other services, roads, drainage and the cost of preparing plans of subdivisions and any other plans required for such improvements.

• 10Determination of cost to Director
• 10(1)

  The Director shall, for the purposes of this Part, determine the cost to the Director of the land and improvements thereon, building materials, livestock and farm equipment to be sold to a veteran under this Part, which shall be not less than the amount actually expended by the Director therefor.

• 10(2)Idem

  Where the Director acquires land and improvements thereon from a veteran and the veteran has at the time of such acquisition outstanding debts that, in the opinion of the Director, were reasonably incurred to effect improvements to the land and improvements so acquired, the Director may pay the debts on behalf of the veteran, and the cost to the Director of the land and improvements shall include the amount of the debts so paid.

• 11Sale of land, etc., to veterans
• 11(1)

  Subject to this Part and the regulations, the Director may contract with a veteran certified by him to be qualified to participate in the benefits of this Part for the sale to such veteran of land and improvements thereon, building materials, livestock and farm equipment up to a total cost to the Director of six thousand dollars, but subject to the following conditions:

• 11(1)(a)

  that the cost to the Director of the land, improvements and building materials shall not exceed six thousand dollars;

• 11(1)(b)

  that the veteran has paid to the Director ten per cent of such cost and the entire cost price of land, improvements and building materials in excess of six thousand dollars;

• 11(1)(c)

  that the cost to the Director of the livestock and farm equipment shall not exceed twelve hundred dollars or the amount by which six thousand dollars exceeds the cost to the Director of the land, improvements and building materials, whichever is less;

• 11(1)(d)

  that the sale price to a veteran of land, improvements, building materials, livestock and farm equipment shall be, in addition to any sum paid by the veteran before contract made, a sum equal to two-thirds of the cost to the Director of the land, improvements and building materials;

• 11(1)(e)

  that the interest rate payable by a veteran shall be three and one-half per cent per annum;

• 11(1)(f)

  that the balance of the purchase price payable by a veteran may be extended over a term not in excess of thirty years with interest at the rate aforesaid on the amortization plan; and

• 11(1)(g)

  that, at the request of the veteran, and at any time and from time to time during the period over which the purchase price is payable, the Director may vary the terms of payment to provide for payment of interest only for a period or periods not exceeding in the aggregate five years, or to provide for annual, semi-annual or monthly payments of principal and interest, but a maximum repayment period of thirty years may not be exceeded.

• 11(2)Commercial fishing equipment

  In this Part, except in subsection (3) of this section, the expression livestock and farm equipment, in the case of a veteran certified by the Director to be a commercial fisherman, includes commercial fishing equipment.

• 11(3)Contract with veteran

  In lieu of the contract for sale described in subsection (1) and subject to this Part and the regulations, the Director may contract with a veteran certified by him to be qualified to participate in the benefits of this Part for the sale to such veteran of land and improvements thereon, building materials, livestock and farm equipment, up to a total cost to the Director of five thousand eight hundred dollars, but subject to the following conditions:

• 11(3)(a)

  that the cost to the Director of livestock and farm equipment shall not exceed the sum of three thousand dollars;

• 11(3)(b)

  that the cost to the Director of land and improvements and building materials shall not exceed an amount by which the sum of five thousand eight hundred dollars exceeds the cost to the Director of livestock and farm equipment;

• 11(3)(c)

  that the veteran has paid to the Director twenty per cent of the cost to the Director of the livestock and farm equipment and ten per cent of the cost to the Director of the land, improvements thereon and building materials;

• 11(3)(d)

  that the sale price to a veteran of land, improvements and building materials and livestock and farm equipment, shall be, in addition to any sum paid by the veteran before contract made, a sum equal to forty per cent of the cost to the Director of the livestock and farm equipment and fifty per cent of the cost to the Director of land, improvements thereon and building materials;

• 11(3)(e)

  that the interest rate payable by a veteran shall be three and one-half per cent per annum;

• 11(3)(f)

  that the balance of the purchase price payable by a veteran may be extended over a term not in excess of ten years for the payment of livestock and farm equipment and not in excess of thirty years for the payment of land and improvements thereon and building material; and

• 11(3)(g)

  that livestock and farm equipment shall be sold under this subsection only to a veteran who at the time of such sale enters into a contract under this subsection or has a subsisting contract under this subsection for the purchase of land from the Director or who occupies land under a rental or purchase agreement satisfactory to the Director, and the cost to the Director of such livestock and equipment shall not exceed forty per cent of

• 11(3)(g)(i)

  the value, as estimated by the Director, of the land and improvements thereon sold to the veteran and the cost to the Director of building materials sold to the veteran, and

• 11(3)(g)(ii)

  the value of any land occupied by that veteran under a rental or purchase agreement as estimated by the Director.

• 11(4)Additional assistance under ss. (1)

  Where a veteran who entered into a contract with the Director under subsection (3), under which the total cost to the Director was less than five thousand eight hundred dollars, pays in full his indebtedness to the Director thereunder, the Director may enter into a contract with the veteran under subsection (1) subject to the following conditions: and subject to the conditions set forth in paragraphs (1)(b),(d),(e),(f) and (g).

• 11(4)(a)

  that the cost to the Director of the land, improvements, building materials, livestock and farm equipment shall not exceed six thousand dollars less the total cost to the Director under the contract entered into between the Director and the veteran under subsection (3); and

• 11(4)(b)

  that the total cost to the Director under the contract entered into under subsection (3), less the sum paid before contract made and the sale price paid by the veteran, and the cost to the Director under the contract under subsection (1) after deduction of any sum paid before contract made and the sale price payable thereunder, does not exceed two thousand three hundred and twenty dollars,

• 11(5)Sale, assignment or other disposition only after all commitments met

  A veteran who has entered into a contract with the Director under subsection (1) or (3) may not during the term of that contract sell, assign or otherwise dispose of the subject-matter of that contract or any part thereof, except by lease entered into with the permission of the Director after the expiration of ten years from the effective date provided in the contract, unless payment is made in full to the Director of

• 11(5)(a)

  the total outstanding cost to the Director of the land, improvements, livestock and farm equipment;

• 11(5)(b)

  interest charges at the rate specified in the contract and accruing to the day of payment on the total outstanding cost to the Director; and

• 11(5)(c)

  all other amounts owing by the veteran to the Director and secured under the contract.

• 11(6)Conveyance or transfer

  Except upon payment in full to the Director of the amounts set out in paragraphs (5)(a),(b) and (c), no conveyance or transfer of any land being purchased by a veteran from the Director under subsection (1) or (3) shall be given by the Director to the veteran unless

• 11(6)(a)

  ten years have elapsed since the effective date provided in the contract; and

• 11(6)(b)

  the veteran has complied with the terms of the contract throughout that ten-year period.

• 11(7)Where contract for sale of livestock and equipment

  Notwithstanding subsection (5), in the case of any contract for the sale of livestock and equipment made between the Director and a veteran who occupies land under a rental or purchase agreement and who subsequently enters into a contract to buy land from the Director before the terms of the contract for the sale of livestock and equipment have been completely fulfilled, the Director shall not give a conveyance or transfer in respect of the said land or improvements thereon or building materials until the terms of the contract for the sale of the said livestock and equipment have been completely fulfilled.

• 11(8)No further contract where default exists in previous contract

  Except with the approval of the Minister, the Director shall not enter into a contract for the sale of land, improvements, building materials, livestock, farm equipment or commercial fishing equipment with a veteran who is in default in respect of any contract previously entered into under this Act.

• 11(9)Spouse or common-law partner may be joined

  Notwithstanding any other provision of this Act, the Director may, on the request of a veteran, join the spouse or common-law partner of the veteran as a joint purchaser with the veteran in any contract entered into by the veteran pursuant to this section, subject to the following conditions:

• 11(9)(a)

  the veteran and the spouse or common-law partner of the veteran complete, in a form prescribed by the Director, an application to join the spouse or common-law partner;

• 11(9)(b)

  on the death of the veteran or the spouse or common-law partner of the veteran, the survivor becomes the sole purchaser under the contract;

• 11(9)(c)

  the contract cannot be terminated except with the consent of all the parties or as provided under subsection 37(2) of this Act, or by the Director for false or misrepresented information in the application;

• 11(9)(d)

  repayment in full or part of the balance of the sale price may be made at any time without notice or payment of bonus; and

• 11(9)(e)

  on repayment in full of the balance of the sale price, a transfer or conveyance will be issued by the Director to the veteran and the spouse or common-law partner of the veteran, or if one has died, to the survivor.

• 12Director may resell livestock, etc., to veteran

  Notwithstanding anything in this Act, where the Director requires a veteran to repay the cost of the livestock and farm equipment sold to him under a contract made under this Act, the Director may sell to that veteran livestock and farm equipment up to a total cost to the Director of an amount equal to the amount repaid by that veteran.

• 13Director may sell all or part of property sold to a veteran
• 13(1)

  Notwithstanding anything in this Part, where the Director has by a contract made under this Part sold property to a veteran certified by the Director to be qualified to participate in the benefits of this Part, the Director, with the consent of the veteran, may in accordance with section 11 or 26 sell to another veteran certified by the Director to be qualified to participate in the benefits of this Part or may sell or otherwise dispose of to any other person, all or any part of the land, improvements, building materials, livestock or farm equipment that was sold by such contract to the first-mentioned veteran.

• 13(2)Use of proceeds from sale of land

  Where the property sold or otherwise disposed of pursuant to subsection (1) consists of land, improvements or building materials, the Director shall, subject to subsection (3), use the proceeds for one or more of the following purposes:

• 13(2)(a)

  to purchase for the veteran other or additional lands, which shall for the purposes of the contract be substituted for any lands so sold;

• 13(2)(b)

  to effect improvements to the land retained by the veteran or to such other or additional lands;

• 13(2)(c)

  to pay debts that, in the opinion of the Director, were reasonably incurred by the veteran to effect improvements on the land retained by him;

• 13(2)(d)

  to reduce the amount owing under the contract or to reduce the cost to the Director as provided in this section; or

• 13(2)(e)

  to pay real estate commission, legal costs and any other costs related to the sale or disposition of the property.

• 13(3)Exception

  Where the land sold or otherwise disposed of consists of mines and minerals or where the land, improvements or building materials sold or otherwise disposed of do not constitute part of the cost to the Director as determined under section 10, the Director may use the proceeds for one or more of the following purposes, in addition to or in lieu of any of the purposes specified in subsection (2):

• 13(3)(a)

  to purchase for the veteran cattle, sheep or swine to be used as basic herd livestock;

• 13(3)(b)

  to purchase for the veteran farm equipment necessary for the economic operation of the veteran’s farm; or

• 13(3)(c)

  to pay debts that, in the opinion of the Director, were reasonably incurred by the veteran for any of the purposes specified in paragraphs (a) and (b).

• 13(4)Application of surplus

  Where a surplus remains after the amounts to be expended, if any, under paragraphs (2)(a) and (b) and (3)(a) to (c) have been determined by the Director, (hereinafter called the “surplus”),

• 13(4)(a)

  if the ten-year period mentioned in subsection 11(5) has expired, the surplus shall be applied in reduction of the amount owing under the contract;

• 13(4)(b)

  if the ten-year period has not expired, and the sale or other disposition was to Her Majesty in right of Canada for public purposes or to a government, authority or corporation described in subsection 29(1), the surplus shall be applied in reduction of the amount owing under the contract and the ten-year period shall be deemed to have expired; and

• 13(4)(c)

  if the ten-year period has not expired, and the sale or other disposition was not to Her Majesty in right of Canada for public purposes or to a government, authority or corporation described in subsection 29(1), the Director shall determine what portion, if any, of the surplus shall be applied in reduction of the amount owing under the contract, and the remainder of the surplus shall be applied in reduction of the cost to the Director.

• 13(5)Reduction of cost to Director

  Where under this section the surplus or any portion thereof is applied in reduction of the cost to the Director, whichever is the lesser, shall be applied in reduction of the amount owing under the contract, and for the purposes of subsection 11(5) the total outstanding cost to the Director shall be reduced by the amount of such surplus or portion.

• 13(5)(a)

  an amount that bears the same proportion to such surplus or portion as the contract sale price bears to the cost to the Director of the land, improvements and building materials, or

• 13(5)(b)

  seventy-six and two-thirds per cent of such surplus or portion

• 13(6)Payment of balance of surplus to veteran

  Subject to subsections (6.1) and (6.2), where by the application of the surplus in accordance with subsections (4) and (5) the amount owing under the contract is paid in full and a balance of the surplus remains, such balance shall be paid to the veteran.

• 13(6.1)Balance of surplus paid into court

  Where the Director has notice of an unsatisfied court order or judgment obtained against the veteran for the recovery or payment of money or of an unsatisfied court order or judgment referred to in section 37 obtained against the veteran, the Director may pay into court the balance of the surplus referred to in subsection (6) or such part thereof as would satisfy the order or judgment and related costs.

• 13(6.2)Remainder of balance of surplus paid to veteran

  Where the Director pays less than the total balance of the surplus into court pursuant to subsection (6.1), he shall pay the remainder of the balance to the veteran.

• 13(7)Use of proceeds from sale of livestock or farm equipment

  Where the property sold or otherwise disposed of pursuant to subsection (1) consists of livestock or farm equipment, the Director may use the proceeds for one or more of the following purposes:

• 13(7)(a)

  to purchase for the veteran other or additional livestock or farm equipment, which shall for the purposes of the contract be substituted for the livestock or farm equipment so sold;

• 13(7)(b)

  to purchase, subject to the conditions set out in subsection 11(1), land for sale to the veteran;

• 13(7)(c)

  to effect, subject to the conditions set out in subsection 11(1), improvements to the lands sold to the veteran or to any other lands purchased for sale to him; or

• 13(7)(d)

  to pay debts that, in the opinion of the Director, were reasonably incurred by the veteran to effect improvements on the land sold to him.

• 13(8)Acquisition of veterans’ lands by Her Majesty

  Where all or any part of the land sold by the Director to a veteran by a contract made under this Part is acquired by Her Majesty in right of Canada for public purposes, the compensation money or purchase price shall be ascertained as though the Director were not an agent of Her Majesty and shall for the purposes of this section be deemed to be proceeds of the sale of the land.

• 13(9)Definitions

  For the purposes of this section

• 13(9)[p124]

  land includes mines, minerals and timber and any rights in respect thereof; (terre ou bien-fonds)

• 13(9)[p125]

  proceeds,

• 13(9)[p125](a)

  in the case of a contract for the sale of land, improvements or building materials to a veteran certified by the Director to be qualified to participate in the benefits of this Act, means the amount the veteran would be required to pay to the Director under subsection 11(5) to obtain an immediate transfer, together with the amount, other than the ten per cent of the cost to the Director of the land, improvements and building materials, paid by the veteran under paragraph 11(1)(b) or 11(3)(c) and together with the outstanding amount of any loan under Part III approved by the Director for the purchase of the property and the amount of any payment made by the veteran to the Director under Part III,

• 13(9)[p125](b)

  in the case of a contract for the sale of livestock or farm equipment to a veteran, means an amount equal to the amount that the veteran would be required to pay under subsection 11(5) for an immediate transfer thereof,

• 13(9)[p125](c)

  in the case of a sale or other disposition of property, except timber, to any other person, means the amount received, and

• 13(9)[p125](d)

  in the case of a sale of timber to any person means the stumpage value of that timber, as determined by the Director. (produit)

• 13(10)Insurance money

  For the purposes of this section any money received by the Director under a contract of insurance on property sold to a veteran shall be deemed to be proceeds of the sale of the property.

• 13(11)Repealed

  [Repealed, 1980-81-82-83, c. 78, s. 2]

• 13(12)Application of proceeds of sales made before December 10, 1949

  Where the Director before the 10th day of December 1949, with the consent of the veteran, sold or otherwise disposed of part only of the property that was sold by the Director to the veteran by a contract made under this Part and the contract was not rescinded or otherwise terminated, the proceeds may, at the request of the veteran, be applied as prescribed in this section.

• 13(13)Repealed

  [Repealed, 1980-81-82-83, c. 78, s. 2]

• 13(14)Sale of timber

  Notwithstanding anything in this section, the Director may pay to a veteran, in the event of any sale of timber from land sold to that veteran under a contract entered into under this Part, any amount by which the amount for which the timber was sold exceeds the stumpage value of that timber as determined by the Director.

• 14Veteran deemed a tenant at will

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

• 15Title, etc., to remain in the Director
• 15(1)

  The title, ownership and right of possession of all property sold to a veteran shall, save as hereinafter provided, remain in the Director until the sale price and other charges duly made in respect thereof are fully paid.

• 15(2)Title to livestock, etc., may be released to veteran

  The Director may at any time transfer to the veteran the title to any such livestock and farm equipment as he may deem advisable but such release does not relieve the veteran from making the payment therefor as provided under this Part.

• 16Agreement of sale

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

• 17Advances under conditions
• 17(1)

  The Director may make advances to a veteran certified by him to be qualified to participate in the benefits of this Act to enable the discharge of encumbrances on farm land that is owned and used by the veteran as such, for the payment of debts not secured by encumbrances on farm land that, in the opinion of the Director, were reasonably incurred by the veteran to effect improvements on farm land that is owned and used by the veteran as such, for the purchase of livestock and farm equipment and for the effecting of permanent improvements, of amounts not exceeding in the aggregate the sum of four thousand four hundred dollars, but subject to the following conditions:

• 17(1)(a)

  advances for all purposes shall not exceed sixty per cent of the value of the land as established by the Director;

• 17(1)(b)

  advances for the purchase of livestock and farm equipment shall not exceed fifty per cent of the value of the land, and shall not exceed a total of two thousand five hundred dollars, and all such purchases may be subject to the approval of the Director;

• 17(1)(c)

  such advances shall constitute a first charge on the land of the veteran with respect to which the advance is made and repayment thereof shall be secured by a first mortgage or hypothec upon such land;

• 17(1)(d)

  the terms of repayment may be extended over a period of thirty years with interest at the rate of three and one-half per cent per annum on the amortization plan;

• 17(1)(e)

  that, at the request of the veteran and at any time and from time to time during the period over which the advance is repayable, the Director may vary the terms of repayment to provide for payment of interest only for a period or periods not exceeding in the aggregate five years, or for annual, semi-annual or monthly instalments of principal and interest, but a maximum repayment period of thirty years may not be exceeded; and

• 17(1)(f)

  repayment in full of advances made under this section may be made at any time without notice or payment of bonus.

• 17(2)Sale of land subject to mortgage

  Where any land subject to a first mortgage or hypothec in favour of the Director as described in subsection (1) is sold or agreed to be sold by a veteran, notwithstanding anything in this Act or the mortgage or hypothec, the interest payable from the date of such sale or agreement of sale on any remaining indebtedness to the Director under the mortgage or hypothec or under any other mortgage or hypothec taken to secure repayment of the amount then outstanding of any advance made under subsection (1) shall be at the rate or rates in effect for the purpose of this subsection at the time of such sale or agreement of sale.

• 17.1Mortgage or hypothec
• 17.1(1)

  Notwithstanding any other provision of this Act, the Director, on the request of the person who is a party to a contract for the sale of land, or where there is more than one such person, on the request of every such person, may terminate the contract, or any part of the contract, and may convey title to the land to the person or persons, as the case may be, subject to the following terms and conditions:

• 17.1(1)(a)

  ten years have elapsed since the effective date provided in the contract;

• 17.1(1)(b)

  the terms of the contract have been complied with throughout the ten-year period;

• 17.1(1)(c)

  the balance of the price payable to the Director for the sale of the land constitutes a first charge on the land and repayment thereof is secured by a first mortgage or hypothec on the land;

• 17.1(1)(d)

  the terms of repayment and the interest rates are the same as in the contract;

• 17.1(1)(e)

  the Director may, on the request of the person or persons obligated under any mortgage or hypothec executed under this subsection, at any time and from time to time during the period over which the balance of the sale price is repayable, vary the terms of repayment to provide for payment of interest only for a period or periods not exceeding in the aggregate five years, or to provide for annual, semi-annual or monthly payments of principal and interest; and

• 17.1(1)(f)

  repayment in full or in part of the balance of the sale price may be made at any time without notice or payment of bonus.

• 17.1(2)Assumption only with consent

  A mortgage or hypothec executed under subsection (1) may be assumed only with the consent of the Director.

• 17.1(3)Costs

  The costs incurred to convey title to property and to register mortgages or hypothecs and all other immediately related costs shall be borne by the person or persons making the request referred to in subsection (1), but the Director may, at his discretion, pay such costs.

• 18Director may require insurance policies

  While a veteran is indebted to the Director in connection with the sale of land or other property to him, in connection with any mortgage or hypothec taken under section 17 or 17.1, or in connection with any loan made under Part III, the Director may require that the veteran shall insure in favour of the Director any property to the extent of its insurable value and may require the veteran to assign and deliver over unto the Director, as the interest of the Director may appear, the policy or policies of insurance; if the veteran fails or neglects to keep such property insured then it is lawful for the Director to insure such property and all moneys so expended by the Director shall be repaid by the veteran on demand with interest computed from the time of advancing the same at the rate or rates in effect for the purpose of this section at that time, and in the meantime the amount of such…

• 19Veterans’ group insurance
• 19(1)

  Where a veteran or a survivor of a veteran is indebted to the Director in connection with the sale of land or other property to the veteran or deceased spouse or common-law partner of the survivor, in connection with any mortgage or hypothec taken under section 17 or 17.1, or in connection with any loan made under Part III, the Director may, with the approval in writing of the veteran or survivor, enter into a group insurance contract on behalf of the veteran or survivor on such terms as the Director deems appropriate, insuring the life of the veteran or the spouse, common-law partner or survivor of the veteran in an amount sufficient to provide for the repayment to the Director of not less than fifty per cent of the amount of such indebtedness.

• 19(2)Director may pay insurance premiums, etc.

  The premiums payable under any group insurance contract entered into under subsection (1) shall be assessed by the Director against those veterans and survivors on whose behalf the contract was entered into and if any such veteran or survivor fails or neglects to pay any premium so assessed in respect of him or her, the Director may pay the premium on behalf of the veteran or survivor and any amount so expended by the Director shall be repaid by the veteran or survivor on demand with interest from the time the amount was so expended at the rate or rates in effect for the purpose of this subsection at that time, and, until so repaid, shall be added to the sale price of or amount outstanding on the land or other property referred to in subsection (1), or to the amount of the mortgage or hypothec referred to in that subsection, as the case may be, and shall become part of the principal.

• 19(3)Definition of survivor

  In this section, survivor, in relation to a veteran, means the surviving spouse or surviving common-law partner of that veteran.

• 20Director may enter into an agreement to collect and pay taxes
• 20(1)

  Where a veteran is indebted to the Director in connection with a sale of land or other property to him, in connection with any mortgage or hypothec taken under section 17 or 17.1, or in connection with any loan made under Part III, the Director may enter into an agreement with the veteran on such terms as the Governor in Council may prescribe providing

• 20(1)(a)

  for the payment by the Director of rates, taxes or assessments in respect of such land or other property;

• 20(1)(b)

  for the payment by the veteran to the Director of such amount or amounts as may be required, in the opinion of the Director, to provide him with sufficient funds to make payment of such rates, taxes or assessments as they become due and payable; and

• 20(1)(c)

  for the adjustment of any surplus or deficiency in relation to such rates, taxes or assessments in the amount collected by the Director from the veteran under paragraph (b).

• 20(2)The Director may pay taxes, etc., on arrears

  Where no agreement is entered into under subsection (1) between the veteran and the Director and the veteran fails or neglects to pay any lawful rates, taxes or assessments due in respect of property in which the Director has under this Act any interest, the Director may pay such rates, taxes or assessments and all moneys so expended by the Director shall be repaid by the veteran on demand with interest computed from the time of such payment by the Director at the rate or rates in effect for the purpose of this subsection at that time, and until so repaid the amount of such payment shall be added to the sale price of or amount outstanding on such property or shall become a part of the principal secured by any charge, mortgage or hypothec in favour of the Director, as the case may be; failure of the veteran to repay the amount of such payment on demand constitutes a default warranting res…

• 21Consent of review committee

  The Director shall not rescind an agreement of sale under subsection 22(1) unless a review committee established under section 21.1 consents to the rescission of that agreement.

• 21.1Constitution
• 21.1(1)

  A review committee shall consist of three persons appointed in accordance with this section.

• 21.1(2)Appointment by Director

  The Director shall appoint one member of the review committee.

• 21.1(3)Appointment by Royal Canadian Legion

  The Director shall, in writing, request the Royal Canadian Legion, or any successor to it, to appoint one member of the review committee within thirty days after receipt of the request.

• 21.1(4)Appointment of Chairperson

  The two members of the review committee appointed under subsections (2) and (3) shall, within thirty days after the appointment of the second member, appoint a third member as the Chairperson of the review committee.

• 21.1(5)Appointment if default

  If no member is appointed under subsection (3) or no Chairperson is appointed under subsection (4), the Director shall, after consulting with the chief justice of the province in which the property in question is situated, appoint as Chairperson of the review committee a judge of the superior court of that province. If no member was appointed under subsection (3), the Chairperson appointed under this subsection shall appoint that member.

• 21.1(6)Vacancy

  If a vacancy occurs in the membership of a review committee, the vacancy shall be filled by appointment in accordance with the provision of this section governing the appointment of the person in respect of whom the vacancy arose.

• 21.1(7)Allowances to members

  The members of a review committee shall be paid any daily or other allowance with respect to the performance of their duties under subsection 21.2(2) that the Minister may fix.

• 21.2Reference to review committee
• 21.2(1)

  Without delay after the establishment of a review committee, the Director shall

• 21.2(1)(a)

  refer to the review committee the Director’s proposed rescission of the agreement in question under subsection 22(1); and

• 21.2(1)(b)

  notify the veteran concerned of the establishment of the review committee and of the names of its members.

• 21.2(2)Review

  The review committee shall review the proposed rescission referred to it and shall

• 21.2(2)(a)

  consent or refuse to consent to the proposed rescission; or

• 21.2(2)(b)

  establish remedial conditions to be complied with by the veteran concerned which, if not complied with, may result in the rescission of the agreement.

• 21.2(3)Procedure

  A review committee may determine its own procedure, but shall give the Director and the veteran concerned a full opportunity to present evidence and make representations.

• 22Director may rescind agreement in case of default
• 22(1)

  If any instalment mentioned in any agreement of sale under this Part is not punctually paid or if the veteran makes any other default in performance of the terms of such agreement, the Director may, subject to section 21, without any formal re-entry or retaking and without resort to proceedings in equity or at law, rescind such agreement.

• 22(2)Rescission or termination with consent

  The Director may, with the consent of the veteran and without giving the notice required by subsection (4), rescind any agreement of sale under this Part or otherwise terminate any contract made with the veteran under this Part.

• 22(3)Property vested in Director

  The effect of a rescission of an agreement of sale pursuant to subsection (1) or (2) is

• 22(3)(a)

  to vest the property in question in the Director absolutely free and discharged of all rights and claims of the veteran and of all persons claiming or entitled to claim through or under the veteran, for any estate in, or lien, charge or encumbrance upon or against the property; and

• 22(3)(b)

  to empower the Director to resell or otherwise deal with the property as authorized by this Part.

• 22(4)Notice before rescission

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

• 23Disposal of property

  The Director may dispose of any property to a veteran, or with the approval of the Minister to any other person, at a price not less than the cost to the Director of that property.

• 24Surplus paid to veteran
• 24(1)

  Subject to subsections (1.1) to (1.3), where a contract made by the Director with a veteran under this Part is rescinded or otherwise terminated and the property to which the contract relates is sold by the Director for more than the amount owing under the contract, the surplus shall be paid by the Director to the veteran, but in the case of any such sale on a term basis under an agreement of sale, the surplus shall be paid by the Director to the veteran at such time as the Director determines such payment to be warranted having regard to the amount then owing to him in respect of that property.

• 24(1.1)Surplus paid into court

  Where the Director has notice of an unsatisfied court order or judgment obtained against the veteran for the recovery or payment of money or of an unsatisfied court order or judgment referred to in section 37 obtained against the veteran, the Director may pay into court the surplus referred to in subsection (1) or such part thereof as would satisfy the order or judgment and related costs.

• 24(1.2)Remainder of surplus paid to veteran

  Where the Director pays less than the total surplus into court pursuant to subsection (1.1), he shall pay the remainder of the surplus to the veteran.

• 24(1.3)Time of payment

  Notwithstanding subsections (1.1) and (1.2), where the property referred to in subsection (1) is sold on a term basis under an agreement of sale, the surplus may be paid in accordance with subsections (1.1) and (1.2) at such time as the Director determines such payment to be warranted having regard to the amount then owing to him in respect of that property.