Veterans’ Land Act (R.S.C. 1970, c. V-4)

Marginal note:Reference to review committee

• 21.2 (1) Without delay after the establishment of a review committee, the Director shall

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

  • (b) notify the veteran concerned of the establishment of the review committee and of the names of its members.

• Marginal note:Review

  (2) The review committee shall review the proposed rescission referred to it and shall

  • (a) consent or refuse to consent to the proposed rescission; or

  • (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.

• Marginal note:Procedure

  (3) 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.

Rescission and Resale Upon Default

Marginal note:Director 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.

• Marginal note:Rescission or termination with consent

  (2) 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.

• Marginal note:Property vested in Director

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

  • (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

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

• Marginal note:Notice before rescission

  (4) 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.

Marginal note:Disposal of property

23 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.

Marginal note:Surplus 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.

• Marginal note:Surplus paid into court

  (1.1) 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.

• Marginal note:Remainder of surplus paid to veteran

  (1.2) 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.

• Marginal note:Time of payment

  (1.3) 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.

• Marginal note:How surplus calculated

  (2) For the purposes of subsection (1) the amount owing under the contract is the aggregate of

  • (a) the amount that the veteran would have been required to pay for a transfer, conveyance or discharge of mortgage or hypothec at the date of the rescission or other termination of the contract;

  • (b) the amount of any refund made to the veteran pursuant to subsection (3);

  • (c) taxes and costs of insurance and repairs paid or incurred with respect to such property by the Director since the date of rescission or other termination;

  • (d) costs incurred by the Director since the date of the rescission or other termination in taking over, maintaining and reselling the property;

  • (e) interest from the date of rescission or other termination of the contract on so much of the amounts set out in paragraphs (a) and (b) as consists of principal at the rate or rates that would have been payable thereon under the contract had the contract not been rescinded or otherwise terminated; and

  • (f) interest on the amounts set out in paragraphs (c) and (d) from the time the amounts were paid or incurred by the Director at the rate or rates in effect for the purpose of this paragraph at the time the contract was rescinded or otherwise terminated;

  minus any income derived by the Director from the property since the date of the rescission or other termination.

• Marginal note:Refunding of initial down payment

  (3) Where the contract between the Director and a veteran was rescinded or otherwise terminated and it is established to the satisfaction of the Director that

  • (a) the property described therein did not deteriorate in value owing to wilful neglect by the veteran during his occupancy, and

  • (b) failure of the veteran to observe the terms of his contract was due to his physical disability, or ill-health of his family, or his general unfitness to farm, or the unsuitability of the property, and that as a consequence thereof the veteran is in necessitous circumstances,

  the Director may, with the approval of the Governor in Council, refund to the veteran his initial down payment in whole or in part.

• Marginal note:Sale of livestock, etc.

  (4) In the event of any sale by the Director, pursuant to an agreement entered into by him with a veteran for the making of a grant under subsection 45(3), of any livestock, machinery or equipment referred to in paragraphs 45(4)(c) to (g), any amount by which the amount realized by the Director in respect of that sale exceeds

  • (a) the cost to the Director of the livestock, machinery or equipment, and

  • (b) any loss sustained by the Director in respect of the land to which that agreement relates,

  shall be paid by the Director to the veteran.

Leasing and Other Disposition of Property

Marginal note:Director may lease land

25 Any land or other property purchased or held by the Director may, pending sale, or re-sale, as the case may be, be leased by the Director or otherwise dealt with upon terms satisfactory to the Minister.

Amended Sale Price

Marginal note:Amended sale price

• 26 (1) If the Director deems that any property acquired by him cannot or ought not to be sold subject, whether as to sale price or otherwise, to the provisions of section 11, 13 or 23, he shall report to the Minister the circumstances, with a statement of the cost of such property, and shall recommend another sale price or other terms of sale, after which any sale of such property may be made for such sale price, or upon such terms, as the Governor in Council may approve, and for the purposes of sections 11, 13 and 24 the cost to the Director shall be deemed to be the sale price so approved.

• Marginal note:Prior contracts not invalid

  (2) Any contract for the sale of land made by the Director in accordance with an order of the Governor in Council prior to the 10th day of December 1949 is hereby ratified, and for the purposes of sections 11 and 24 the cost to the Director of the land shall be deemed to be the cost price to the Director of the land as stated in the contract.

Marginal note:Sale on new terms

27 Notwithstanding anything in this Act, where a veteran with whom the Director has a subsisting contract under section 11 or 26 notifies the Director that he does not wish to be bound by the provisions of the contract respecting residence or personal operation of the property to which the contract relates, the Director may terminate that contract and enter into another contract with the veteran for the sale of that property for an amount equal to the outstanding indebtedness of that veteran to the Director under this Act, with interest at the rate prescribed by regulation of the Governor in Council and on such other terms and conditions as may be agreed on by the veteran and the Director.

Sales for Special Purposes

Marginal note:Conditions for sale

28 The Director may sell any land that is at his disposal for sale,

• (a) as a site for a dairy factory, cheese factory, fruit preserving factory, or creamery, or for any educational, religious or charitable purpose, or for any other purpose in the public interest, or

• (b) to any provincial or municipal authority for any purpose.

Lands Taken for Public Purposes

Marginal note:Local authorities may take lands with consent of Governor in Council

• 29 (1) Where by an Act of the Parliament of Canada or a provincial legislature, Her Majesty in right of a province, a municipal or local authority or a corporation is empowered to take or to use lands or any interest therein without the consent of the owner, the power may, with the consent of the Governor in Council and subject to any terms that may be prescribed by the Governor in Council, be exercised in relation to lands vested in the Director.

• Marginal note:Procedure

  (2) Unless the Governor in Council otherwise directs, all matters relating to compulsory taking or using under subsection (1) of lands vested in the Director shall be governed by the statute by which the power is conferred.

• Marginal note:Payment

  (3) Any amount that is awarded in respect of the compulsory taking or using of land under this section or that is paid for a transfer or conveyance of land pursuant to this section shall be paid to the Director for the use and benefit of the person, if any, who is entitled to compensation or payment as a result of the exercise of the power referred to in subsection (1), and where the person so entitled is a veteran the amount so awarded shall be distributed in accordance with section 13 and, for the purposes of that section, shall be deemed to be proceeds of the sale of the land.

General Provisions

Marginal note:Veteran indebted to Director of Soldier Settlement

30 Except with the approval of the Minister, sales, advances or grants authorized by this Part shall not be made to persons indebted to the Director of Soldier Settlement.

Marginal note:Time limit on obtaining benefits

• 31 (1) No veteran is eligible to participate in the benefits of this Part who is not certified by the Director to be qualified to participate in the benefits of this Act on or before the 31st day of October 1968.

• Marginal note:Terminal dates for sale, advance, loan or grant

  (2) No application for a sale, advance, loan or grant under Part I or III shall be accepted by the Director after the 31st day of March, 1975 from a veteran who has not a subsisting contract with the Director on the day of receipt of such application by the Director, and no application for a sale, advance, loan or grant under Part I or III shall be accepted by the Director after the 31st day of March 1977.

• Marginal note:Commencement of construction or improvement

  (3) Where an agreement to make an advance, loan or grant has been entered into by the Director for the purpose of financing construction of a building or other improvement on land, no such advance, loan or grant shall be paid to or on behalf of the veteran unless, in the opinion of the Director, the construction or improvement has been commenced

  • (a) in the case of an advance, loan or grant an application for which could not be accepted after the 31st day of March, 1975, on or before the 31st day of March, 1976; and

  • (b) in the case of an advance, loan or grant an application for which could not be accepted after the 31st day of March 1977, on or before the 31st day of March 1978.