Contents
Short Title
1Short title#
Interpretation
2Definitions#
Part I
Constitutions of the Board
3The Director of Soldier Settlement#
Corporate Powers of the Board
4Director to be a corporation sole and agent of Crown in right of Canada#
5Officers, clerks and employees#
Reservation and Acquirement of Lands and Other Property
6Minister may reserve and transfer lands to Board#
7Board may acquire lands and other property by agreement#
8Compulsory purchase#
9Arrangements with provincial governments to acquire agricultural lands#
10Indian lands#
11School lands#
12Valuation of land purchased not to be enhanced because value increased by settlement#
13Tenants, guardians executors, trustees, etc., may sell to Board#
Agricultural Training
14Training and instruction in agriculture and economics, and allowances to settlers for same#
Soldier Grants
15Free soldier grants#
Part II · Sales and Advances to Settlers
Sales of Land
16Conditions of sale and conveyance of lands by Board to settlers#
17Calculation of price by Board#
Sales of Stock and Equipment
18Conditions as to payment of price and balances on sale of live stock and equipment by Board to settler#
Advances for Improvements
19Advances by Board to settler for improvements not to exceed $1,000#
Terms of Disposition of Property
20Dominion, Indian and school lands to be dealt with as if they were private lands#
21No sale of land by Board at less than purchase price#
21ATransfer of lands to province or municipality#
Resale upon Default
22Terms of sale set forth in agreement binding#
23Disposal of property by Board in case of rescission#
Leasing of Lands
Advances for the Discharge of Encumbrances
25Limitation as to advances to settler to discharge encumbrances#
Charges on Dominion Lands
26No patent to issue until amount owing to Board is repaid#
27Forfeiture by settler of title to land when he is in default Surplus may be paid to the settler or the Assurance Fund#
Limitations upon Sales and Advances
28No sale to any settler who obtained soldier grant, advance on his own land, or owns an average farm#
Sales for Special Purposes
29Sale of lands for dairy, educational and other purposes and to provincial authorities: price to be not less than estimated cost to a settler#
General Provisions
30All agreements between Board and settler under twenty-one years are valid#
31Settler occupant deemed tenant#
32Additional security for advances may be required#
33Unless Board consents, land, stock, etc., held and unpaid in full by settler to be exempt from operation of ordinary laws#
34While any sum on advances unpaid all properties of settler to remain as security and his interest therein cannot be alienated#
Part III · Compulsory Purchase of Lands
Settlement Areas
35Settlement areas defined by Board#
36Gazetting notice proof of establishment#
37Notice of alteration or disestablishment of area to be gazetted#
38Gazetting constitutes a notice and puts interested person upon inquiry as to action of Board Subsequent registrations entail all charges, etc., on land#
Duties of Owners of Lands Within a Settlement Area
39Owner to file return with District Superintendent, within 30 days as per form C#
40Statement of all liens, etc., on land to be furnished to Board by person interested#
Procedure for Compulsory Purchase
41When Board may purchase land compulsorily#
42When Board may establish or declare block of land a settlement area#
43Duties of registrar of deeds as to registers and registrations of transactions under this Act#
44Claims on land become claims on compensation money#
Costs
Payment of Compensation or Costs
Interest
47Interest at 5 p.c. on compensation money#
Resistance to Peaceful Possession
48When warrant may issue to put Board in possession#
Inspection and Survey of and Entry upon Lands
49Entry upon lands, inspection, survey, etc.#
Directions Respecting Compulsory Purchases
50In case of farmers consideration of the district, character and acreage of land; all land of settler deemed occupied by him#
Part IV · Miscellaneous Provisions
51Conveyance from Board gives same title to land as Crown grant#
52Board’s consent to be valid must be in writing#
53Forfeiture of settler’s benefit under Act for fraudulent acquisition#
54Before whom affidavits, etc., may be taken#
55Inquiries in aid of execution of this Act#
56Entry on land for inspection or valuation#
57Mines and minerals exempt#
58Judges of the Federal Court ad hoc#
59Power of Board to estimate land apart from buildings, and to vary amount as to balance due#
60Notice in writing of amount of indebtedness to soldier Notice prima facie evidence#
61Franking privileges of Director#
62No fee or commission on any sale to Board#
64Regulations that Board may make#
65Marks or brands to denote the Board’s ownership of property#
66Insurance of property in favour of Board by settler when indebted to Board Assignment or delivery of policy to Board#
66APower to pay rates and taxes#
67Settler’s account to be credited with certain reductions#
68Revaluation of land sold to settlers Conditions#
69Rescission of agreement subject to order of court#
70Credit of 30% to settler’s account When application for revaluation not disposed of Maximum not to exceed total indebtedness#
71Board’s rights in live stock to be released Exceptions#
72Certain interest charges remitted Application of payments made#
73Time extended for credit on payments of arrears#
74By consent of British Government, Director may apply certain provisions to British settlers#
75Director’s rights in equipment to be released Exceptions#
76Reduction of interest rate in case of a settler, veteran of two wars R.S., c. 157#
77Reduction of interest rate in case of other settlers#
Schedule OF FORMS
Province..............................Limits of Settlement Area No.All concerned are hereby notified that pursuant to the provisions of Part Three of the Soldier Settlement Act, the Soldier Settlement Board of Canada has established and does hereby establish settlement area number (one, or as the case may be) consisting of the lands within the limits above defined, and that all owners of blocks of land as defined by said Part of said Act situate within said limits are required to comply with the terms of said Part of said Act or suffer the penalties by said Act provided and thereafter comply as aforesaid, notwithstanding.The Soldier Settlement Board of Canada,X. Y.,ChairmanOttawa (Date)Province..............................New Limits of Settlement Area No.Old Limits of Settlement Area No.(or “Disestablishment of Settlement Area No.described as follows” as the case may be.)All concerned are hereby notified that pursuant to the provisions of Part III of the Soldier Settlement Act, the Soldier Settlement Board of Canada has altered the limits of its Settlement Area No........................., that these are now as first above described and that all owners of blocks of land as defined by said Part of said Act situate within said new limits who have not already complied with the terms of said Part of said Act are required to so comply or suffer the penalties by said Act provided and thereafter comply as aforesaid, notwithstanding. (Or “has entirely disestablished its settlement area No.......................... as above described and that all lands within the limits of such former settlement area are hereby freed from the operation of the provisions of the said Soldier Settlement Act, as the case may be.)The Soldier Settlement Board of Canada,X. Y.,ChairmanOttawa (Date)Province..............................Limits of Settlement Area No.Names and Post Office addresses of person, or persons making return The undersigned files this return with a District Superintendent of the Soldier Settlement Board of Canada pursuant to the provisions of Part III of the Soldier Settlement Act.The undersigned owns or own personally (or if owner along with others state names and extent of interests of others and their post office addresses) within the settlement area above described, the following described parcels of land: —Parcel No. 1 (insertlocation and description).Parcel No. 2 (insertlocation and description).Parcel No. 3, etc.Parcel No. 1 was cultivated to the extent of ................... per centum of its area during the season of 19...... and its average cultivation for the two immediately preceding seasons was ....... per centum of its area. Parcel No. 1 is encumbered as follows ..................................... (give description of encumbrances and names and post office addresses of the holders thereof).Parcel No. 2 (give the same particulars as to each parcel).The owner is willing to sell his interest in Parcel No. 1 to the Board to be applied to the purposes of the Soldier Settlement Act, for the sum of ................ dollars.The owner is willing to sell his interest in Parcel No. 2 to the Board to be applied to the purposes of the Soldier Settlement Act, for the sum of ............... dollars.Give the same information as respects each other parcel.The owner is willing to sell his interest in all the above- mentioned and described parcels to the Board to be applied to the purposes of the Soldier Settlement Act, for the sum of ................ dollars.There are buildings and improvements upon such land as follows: — On Parcel No. 1 .............................. (short description). Parcel No. 2 and (like particulars).Dated at ......................... in the province of ......................... this ......................... day of ......................... 19......Owner or ownersSigned in the presence of...........................................Witness to signature of...........................................Witness to signature of...........................................Province................................Settlement Area No................................Description of Land Compulsorily Purchased To all persons in any manner interested as owners or otherwise in the above described land.Take Notice that the Soldier Settlement Board of Canada, pursuant to power provided in and by Part III, the Soldier Settlement Act, has compulsorily purchased the above described parcel (or parcels) of land, that said Board is willing to pay therefore the sum of ............................. dollars, and that by publication of this notice and by force of said Act the said described land is now vested in said Board as for an estate of fee simple in possession (or, in the province of Quebec “in said Board as absolute owner”) freed and discharged from all other estates and from all encumbrances, liens, claims and interests whatever and as effectually as if it had been conveyed to the Board by deed or conveyance of all persons entitled to any interest therein, but that if the owner or other persons interested in said described land are not willing to accept as payment for his or their respective interests in or claims against said described land in full of their interests and claims the amount of compensation money mentioned in this notice, other compensation to be ascertained as provided in said Part III of said Act, will be paid by said Board.The Soldier Settlement Board of Canada,X. Y.,ChairmanOttawa (Date)I, ............................. of ........................... in the ......................... of .............................. Province of ..............................., (occupation) make oath and say as follows: —1. Produced herewith and shown to me and marked Exhibit A by the functionary before whom this affidavit is sworn is a certain conveyance of land to the Soldier Settlement Board of Canada.2. I have personal knowledge of the matters hereinafter deposed to.3. No person, firm or corporation has collected or attempted to collect from me, nor been paid by me nor, so far as I am aware, has any person collected or attempted to collect from any other person, whether interested in the land to which such conveyance relates or otherwise, or charged as against any person, or been paid by any person any fee or commission or advance of price for services rendered in the sale of such land to the Board, whether for the finding of a buyer or otherwise.4. The last sale of said land (or part thereof) previously to the said conveyance to the Board was made on or about the ................... day of ....................... 19.....The grantors were ....................................................................... of ....................................................................... and the grantees were ........................................... There was paid for said land on that occasion the sum of ........................................... dollars which is an average of ..................................... dollars per acre. The improvements made upon said land since said sale have been as follows: —5. The consideration mentioned in said Exhibit is ........................... dollars and the persons who are to receive the same and the amounts that each is entitled to receive, and to whom the Board may make payment direct, are now truly stated, to wit: —(a) ......................................................... (name, post office address and amount receivable)(b) ......................................................... (name, post office address and amount receivable)(c) ......................................................... (name, post office address and amount receivable)Sworn before me at ............................... in the ................. province of .......................... this .............. day of ................. 19 ..... |
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.