GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Soldier Settlement Act — S-12.8 5
Officers, clerks and employees 5 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. Tenure of office 2. All such appointees shall hold office during the pleasure of the Board and shall perform such duties and functions as the Board shall prescribe. Certain officers deemed to be permanent employees R.S., c. 22 (3) 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 . R.S., 1927, c. 188, s. 5; 1935, c. 66, s. 1
Soldier Settlement Act — S-12.8 6
Minister may reserve and transfer lands to Board 6 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. Lapse of reservation 2. 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. 1919, c. 71, s. 6
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Board may acquire lands and other property by agreement 7 The Board may, for the execution of any of the purposes of this Act, (a) purchase by agreement, at prices which to it shall seem reasonable; or (b) in any other manner acquire by consent or agreement, from all persons, firms and corporations; such agricultural land, situate in any part of Canada, and such live stock, farm equipment and building materials as it may deem necessary. 1919, c. 71, s. 7
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Compulsory purchase 8 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. 1919, c. 71, s. 8
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Arrangements with provincial governments to acquire agricultural lands 9 The Board may, with the approval of the Governor in Council, arrange with the Government of any province (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 (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. 1919, c. 71, s. 9
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Indian lands 10 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. 1919, c. 71, s. 10
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School lands 11 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. Application of amount paid 2. 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 . 1919, c. 71, s. 11
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Valuation of land purchased not to be enhanced because value increased by settlement 12 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. 1919, c. 71, s. 12
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Tenants, guardians executors, trustees, etc., may sell to Board 13 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. Persons under disability 2. 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. Application of compensation money 3. 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. Validity of contracts hereunder 4. 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. Binding for six months on owner 5. 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. Registration unnecessary to preserve right of Board 6. 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. Application of section 7. This section shall apply to all Parts of this Act. 1919, c. 71, s. 13
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Training and instruction in agriculture and economics, and allowances to settlers for same 14 The Board may, with the approval of the Governor in Council, make provision for (a) the placing of settlers with farmers for instruction in farming; (b) the establishment of agricultural training stations for settlers; (c) the supply of instructors and inspectors to visit and assist settlers with information and instruction in farming; (d) the training in home economics of the wives and female dependents of settlers; and (e) the payment of subsistence allowances to settlers, for themselves and their dependents, while such settlers are in receipt of such instruction or training. 1919, c. 71, s. 14
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Free soldier grants 15 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. To whom grants not to be accorded 2. Unless the Board shall, for special reasons, otherwise recommend, no such free grant shall be made to any settler who (a) has, pursuant to the provisions of this Act, purchased from the Board any land, or (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 (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. Conditions provided by Governor in Council 3. 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. 1919, c. 71, s. 15
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Conditions of sale and conveyance of lands by Board to settlers 16 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: — (a) where the parcel to be sold has been separately acquired the sale price shall be the cost of the parcel to the Board; (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; (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; (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. 1919, c. 71, s. 16
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Calculation of price by Board 17 The Board shall calculate in each case of sale the price at which any land may be sold under the provisions of this Act. Improvements to be considered 2. 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. 1919, c. 71, s. 17; 1920, c. 19, s. 3
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Conditions as to payment of price and balances on sale of live stock and equipment by Board to settler 18 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: — (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; (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; (c) the balance of sale price left unpaid to the Board at the time of sale shall not exceed two thousand dollars. Limitation as to balance of sale price left unpaid to Board 2. 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 (a) the advances of the Board to the settler in any connection under authority of this Act; and (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. 1919, c. 71, s. 18
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Advances by Board to settler for improvements not to exceed $1,000 19 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. Advances to constitute first charge 2. 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. Supervision of Board 3. Every such advance shall be expended under the supervision of the Board. 1919, c. 71, s. 19
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Dominion, Indian and school lands to be dealt with as if they were private lands 20 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. 1919, c. 71, s. 20
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No sale of land by Board at less than purchase price 21 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. Board to report to Minister if conditions of sale not satisfactory 2. 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. 1919, c. 71, s. 21
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Transfer of lands to province or municipality 21A 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. 1932, c. 53, s. 1
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Disposal of property by Board in case of rescission 23 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. 1919, c. 71, s. 23
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Terms of lease to settler 24 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. 1919, c. 71, s. 24
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Limitation as to advances to settler to discharge encumbrances 25 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 (a) the advances of the Board to the settler under this section; and (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. Advances to be first charge secured by first mortgage, terms of repayment, interest, etc. 2. 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. Dominion lands 3. 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. No advance without sufficient security and assurance that settler can make living on land 4. No advance such as by subsection one of this section authorized shall be made unless the Board is satisfied (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 (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. How advances expended 5. Every such advance shall be expended under the supervision of the Board. 1919, c. 71, s. 25
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No patent to issue until amount owing to Board is repaid 26 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. R.S., 1927, c. 188, s. 26; 1928, c. 48, s. 1
Soldier Settlement Act — S-12.8 27
Forfeiture by settler of title to land when he is in default Surplus may be paid to the settler or the Assurance Fund 27 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 right, title or interest of His Majesty to or in such charged land, to be vested in the Board, and it may thereafter, subject to the provisions of section twenty-one of this Act, in order to recoup itself for the amount owing by such settler and charged upon such land, sell, lease, exchange or otherwise dispose of such land to a settler, or, with the approval of the Minister, to any other person; but if any surplus is realized beyond the amount required to recoup the Board as aforesaid, such surplus, except as otherwise provided, may be paid by the Board to the settler if he has completed the settlement conditions required for obtaining patent in accordance with the terms of his entry, or to the Receiver General to the credit of the Soldier Land Settlement Assurance Fund if such compliance by the settler with the conditions of his entry has not been established to the satisfaction of the Board. Improvements made by the settler 2. 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. 1919, c. 71, s. 27; 1922, c. 46, s. 5