GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Soldier Settlement Act — S-12.8 51
Conveyance from Board gives same title to land as Crown grant 51 All conveyances from the Board shall constitute new titles to the land conveyed and shall have the same and as full effect as grants from the Crown for previously ungranted Crown lands. Property acquired by Board prior to this Act vested in Board 2. All land and other property which, before the seventh day of July, one thousand nine hundred and nineteen, was, under authority of any order in council, purchased by the Board and title thereto taken to His Majesty the King in the right of Canada represented by the Board, and all or any interest or interests of His Majesty in any agreements of sale, mortgages or other instruments and in the land or other property to which such instruments relate, which interest or interests were, before the said date, acquired by His Majesty through the instrumentality of the Board under the former Act or of any order in council, are, by force of this Act, vested in the Board as constituted under this Act. 1919, c. 71, s. 51
Soldier Settlement Act — S-12.8 52
Board’s consent to be valid must be in writing 52 No consent of the Board which is required by any provision of this Act for the validation of any matter shall be effective unless given in writing and under the hand of one of the Commissioners of the Board. 1919, c. 71, s. 52
Soldier Settlement Act — S-12.8 53
Forfeiture of settler’s benefit under Act for fraudulent acquisition 53 In the event of its being shown to the satisfaction of the Board that a settler has established his right to benefit under this or the former Act through misrepresentation, impersonation, or other fraud, the Board may declare the right of such settler to benefit under this or under the former Act to have been forfeited, and thereupon all loans or advances made to such settler shall, unless the Board otherwise determines, immediately become due and payable, and any sale of land made to him under the provisions of this Act shall be liable to be rescinded, at the discretion of the Board. 1919, c. 71, s. 53
Soldier Settlement Act — S-12.8 54
Before whom affidavits, etc., may be taken 54 All affidavits, oaths, statutory declarations or solemn affirmations required to be taken or made for the purposes of this Act, may, except as otherwise provided, be taken or made before the judge or clerk of any court, any justice of the peace, any commissioner for taking affidavits, any notary public, any person authorized to take affidavits under the provisions of the Dominion Lands Act , any District Superintendent of the Board, or any person specially authorized by the Governor in Council to take or administer the same. 1919, c. 71, s. 54
Soldier Settlement Act — S-12.8 55
Inquiries in aid of execution of this Act 55 The Board shall have the power to appoint persons to hold inquiries in aid of the execution of any of the purposes of this Act, and every person so appointed shall have, for the purposes of his appointment, all the powers of a commissioner under the Inquiries Act . Commissioners 2. Every Commissioner of the Board shall have, ex officio in aid of the execution of the same purposes, like powers. 1919, c. 71, s. 55
Soldier Settlement Act — S-12.8 56
Entry on land for inspection or valuation 56 Any Commissioner of the Board, or any officer or employee of the Board authorized, specifically or generally, in writing, by a Commissioner of the Board, may enter any land to whomsoever belonging for the purpose of making inspection thereof and determining whether or not such land is subject to compulsory purchase under the provisions of this Act; or, in the event of any land being deemed subject to compulsory purchase, for the purpose of valuing the same or serving any notice on the owner or occupant thereof or for any other of the purposes of this Act, or to view the condition of, or to take over or repossess, in case of default made, any property in or over which the Board has any interest or charge. 2. [Repealed, 2000, c. 34, s. 48] R.S., 1927, c. 188, s. 56; 2000, c. 34, s. 48
Soldier Settlement Act — S-12.8 57
Mines and minerals exempt 57 From all sales and grants of land made by the Board, all mines and minerals shall be and shall be deemed to have been reserved, whether or not the instrument of sale or grant so specifies, and as respects any contract or agreement made by it with respect to land it shall not be deemed to have thereby impliedly covenanted or agreed to grant, sell or convey any mines or minerals whatever. 1919, c. 71, s. 57
Soldier Settlement Act — S-12.8 58
Judges of the Federal Court ad hoc 58 If a judge of the Court shall so request, the Governor in Council may, as and when requested, appoint one or more persons, qualified for appointment as judges of the Court, to be judges ad hoc of such Court for the purpose of assisting in the performance of the duties which are imposed upon such Court by this Act. Termination of appointment of judges 2. Such persons, so appointed, shall, for all purposes, including payment of salary, be deemed judges of the Court, but their several appointments shall be terminable by the Governor in Council whenever a judge of the Court shall notify the Governor in Council that there is no further occasion for their assistance, and they, severally, shall have authority to transact, with the powers and jurisdiction of a judge of the Court, such business of the Court arising out of this Act as said judge shall from time to time commit to them, and such only. 1919, c. 71, s. 58
Soldier Settlement Act — S-12.8 59
er dies indebted to the Board, under an agreement of sale or otherwise, with respect to any property or to any advance charged upon any property, his rights acquired under this or the former Act shall devolve upon heirs, devisees or personal representatives, pursuant to the law of the province in which at the time of his death the property is situate, but subject to all rights, claims and charges of the Board respecting or affecting such property, and to performance by such heirs, devisees or personal representatives of all the obligations of his testate or intestate with respect to such property or such advance, and default on the part of such heir, devisee or personal representative with respect to any right, claim or charge of the Board shall have the same effect as would default on the part of the settler but for his death. 1919, c. 71, s. 59; 1920, c. 19, s. 5; 1922, c. 46, s. 1
Soldier Settlement Act — S-12.8 60
Notice in writing of amount of indebtedness to soldier Notice prima facie evidence 60 Notwithstanding anything in this Act, or in any agreement, contract, or other document, in any case in which the indebtedness of a settler is consolidated, the Board may cause to be delivered to the settler personally or to be directed by mail to him at his address last known to the Board, a notice signed by such official as the Board may designate, setting forth the amount of the total indebtedness of the settler at date of consolidation, the dates and amounts of payments to be made thereon by the settler, and the amount then due and payable, and the production of a copy of such notice certified under the seal of the Board shall be accepted for all purposes and in all Courts as prima facie evidence of the due service of the notice on the settler and of the amount of the settler’s indebtedness, the dates and amounts of payments to be made thereon, and the amount then due and payable as in said notice set forth. 1922, c. 46, s. 3
Soldier Settlement Act — S-12.8 61
Franking privileges of Director 61 All letters and other mailable matter sent to or by the Director of Soldier Settlement at Ottawa shall be free of Canada postage under such regulations as are from time to time made in that respect by the Governor in Council. R.S., 1927, c. 188, s. 61; 1931, c. 53, s. 5
Soldier Settlement Act — S-12.8 62
No fee or commission on any sale to Board 62 No person, firm or corporation shall be entitled to charge or to collect as against or from any other person, firm or corporation any fee or commission or advance of price for services rendered in the sale of any land made to the Board, whether for the finding or introducing of a buyer or otherwise. Payment of fee prohibited 2. No person, firm or corporation shall pay to any other person, firm or corporation any such fee or commission or advance of price for any such services. Affidavit when required 3. The Board may require of any person, firm or corporation from whom it purchases land, or who is in any manner interested therein, the execution of an affidavit in form E in the schedule to this Act. Consequences of payment by or to any person of fee or commission 4. If any such fee or commission or advance of price is paid by or to any such person, firm or corporation for any such services the following consequences shall ensue: — (a) [Repealed, 2000, c. 34, s. 49] (b) the fee or commission or advance in price paid may be recovered by the Board, by suit instituted in the name of the Board as agent of His Majesty, in any court having jurisdiction in debt to the amount involved, whether the transaction was one with respect to a sale or projected sale to the Board, as if such amount were a debt due to the Board, as aforesaid, and every person who participated in the receipt of any part of such amount shall be liable to pay to the Board the part of such amount actually received by him; and (c) all such consequences shall have operation cumulatively. No officer, agent or employee to purchase, acquire or sell land which Board is authorized to deal with, or act as agent, or take commission Penalty 5. No officer, agent or employee of or under the Board shall directly or indirectly, in his own name or in that of any other person, except by or under the authority of the Board, purchase, acquire or sell any land or other property of such character as the Board is authorized to purchase, acquire or sell under this Act from or to any settler who is indebted to the Board or whose application for an advance or to purchase any property from the Board is pending, nor shall such officer, agent or employee act as an agent or otherwise of any person in purchasing, acquiring, or selling or otherwise as aforesaid, nor receive any commission or compensation in connection therewith, and any officer, agent or employee violating the provisions of this subsection shall in addition to any criminal liability incurred pursuant to the provisions of this Act, be liable to summary dismissal on the order of the Board and the liability to or imposition of such penalty shall not affect the right which any person may have to bring against him any civil action. R.S., 1927, c. 188, s. 62; 2000, c. 34, s. 49
Soldier Settlement Act — S-12.8 64
Regulations that Board may make 64 The Board may, with the approval of the Governor in Council, and subject to the provisions of this Act, make regulations, prescribing (a) the manner in which entries for land and applications for loans or advances may be made; (b) the conditions as to occupation or otherwise upon which free entries and patents for land may be granted and issued; (c) the security to be given for loans or advances, the conditions subject to which loans or advances shall be made, and the manner and dates in and at which such loans or advances shall be repaid, including dates at which amortized or other payments shall be consolidated or commence; (d) the manner and conditions in and upon which settlers may transfer their rights; (e) the conditions subject to which lands may be acquired for the purposes of this Act; (f) the manner in which lands acquired by the Board may be sold to settlers and others and the conditions as to occupation or otherwise upon which such lands may be sold; (g) for priority of right as between applicants to purchase property or for soldier grants or for advances or loans on the security of property; (h) as to the qualifications necessary in order to entitle settlers to the benefits or assistance or to any particular benefit or assistance under this Act, to the end that the settler may have a reasonable prospect of success as a farmer; (i) forms of agreements, mortgages, notices and other documents necessary to the effective operation of this Act; (j) advanced rates of interest to be paid by settlers who may be in default, such rates, however, not to exceed seven per centum per annum; (k) the circumstances and procedure under which and whereby the Board may take over or repossess property in case of default made by settlers in the observance of the provisions of this or of the former Act or of any covenant or agreement made by settlers with the Board; (l) authority and procedure for the inclusion within the expression “settler” of persons who, being otherwise qualified to be settlers, are not discharged from military or other service; (m) with respect to blind or other partially but seriously incapacitated settlers, special provisions for assistance in settlement of small holdings or otherwise inclusive of the remission of interest in whole or in part; (m.1) the appointment of persons to exercise or perform with respect to such matters as may be specified in the regulations any of the powers or duties conferred or imposed by this Act on the Board; and (n) with respect to any other matter concerning which the Board deems regulations necessary for the execution of the purposes of this Act. 2. [Repealed, 1950, c. 50, s. 10] R.S., 1927, c. 188, s. 64; 1950, c. 50, s. 10; 2000, c. 34, s. 51
Soldier Settlement Act — S-12.8 65
Marks or brands to denote the Board’s ownership of property 65 The marks or brands specified in this section in that behalf may be applied in or on any property of the Board to denote the Board’s ownership or interest in such property; but the omission to apply any such mark or brand shall not affect such ownership or interest Marks appropriated for the use of the Soldier Settlement Board in marking its property Property Marks or Brands Live stock Upstanding broad arrow with its base abutting on lazy S. with or without any numerals in any order. Equipment Broad arrow with its base abutting on lazy S. Applying of marks or brands by officers, agents, etc. 2. It shall be lawful for the Board or its officers, agents, and workmen to apply such marks or brands, or any of them, in or on any such property. Unauthorized applying or destroying of marks or brands 3. No person shall, without the authority of the Board, the proof of which shall lie on him, apply any of the said marks or brands in or on any property of the Board, nor take out, destroy or obliterate, wholly or in part, from any property, any of the said marks or brands. Unauthorized receiving, selling, etc., of property bearing marks or brands 4. No person shall, without the authority of the Board, the proof of which shall lie on him, receive, possess, keep, sell or deliver any property bearing any marks or brands as aforesaid. Exemption from operation of provincial laws where ownership vested in Board 5. Notwithstanding any law, whether statute or otherwise, in force in any province, authorizing or requiring the registration or recording of marks or brands, or prohibiting the use of any mark or brand which has not been registered, or prescribing any procedure to be followed in connection therewith, the use and application by the Board or any of its authorized officers or employees of the said marks or brands, shall not so long as any ownership or interest of or in the property affected is vested in the Board, be subject to or within the operations of such provincial laws. 1920, c. 19, s. 8
Soldier Settlement Act — S-12.8
Upstanding broad arrow with its base abutting on lazy S. with or without any numerals in any order.
Soldier Settlement Act — S-12.8
Broad arrow with its base abutting on lazy S.
Soldier Settlement Act — S-12.8 66
Insurance of property in favour of Board by settler when indebted to Board Assignment or delivery of policy to Board 66 While a settler is indebted to the Board in connection with sale of land or other property to him by the Board, or while any sum remains unpaid upon the aggregate advances or payments made from time to time pursuant to the provisions of this Act or otherwise to or on behalf of the settler, and secured by or charged whether under this Act or otherwise, upon property, real, personal or other, of the settler, or upon the settler’s interest in any property, the Board may require that the settler shall insure in favour of the Board any property to the extent of its insurable value and shall assign and deliver over unto the Board, as the interest of the Board may appear, the policy or policies of insurance or receipt or receipts thereto appertaining, and deliver to the Board all receipts for taxes paid upon any such property, insured or otherwise. Payment of rates, taxes, insurance, etc., by Board in case of default on part of settler Amount added to purchase price and repayable at discretion of Board (2) Notwithstanding anything to the contrary in this Act if the settler fails or neglects to pay any lawful rates, taxes or assessments or to keep such property insured as aforesaid then it shall be lawful for the Board to pay such rates, taxes or assessments or to insure such property as aforesaid and all moneys so expended by the Board either before or after the enactment hereof, shall be repaid by the settler on demand with interest at the rate of five per centum per annum computed from the time of advancing the same, and in the meantime the amount of such payment shall be added to the purchase price of such property or shall become a part of the principal secured by any charge, lien or mortgage in favour of the Board, as the case may be, and may in the discretion of the Board be made repayable at the time appointed for the payment of the next instalment in connection with the account to which such indebtedness is charged. R.S., 1927, c. 188, s. 66; 1938, c. 14, s. 1
Soldier Settlement Act — S-12.8 66A
Power to pay rates and taxes 66A Notwithstanding anything to the contrary in this Act the Director of Soldier Settlement may pay any lawful rates, taxes or assessments imposed in respect of any land held by the Director of Soldier Settlement not the subject of a contract of sale at the date of such imposition. 1932, c. 53, s. 3
Soldier Settlement Act — S-12.8 67
Settler’s account to be credited with certain reductions 67 Notwithstanding anything in this Act, in the case of any settler who has not repaid his indebtedness to the Board, or who has not abandoned his land, or whose agreement with the Board has not been terminated or rescinded, the Board shall credit his account with an amount, in reduction of his indebtedness to the Board, determined as follows: — Forty per cent of the purchase price of all live stock sold by the Board to the settler prior to the first day of October, 1920; Twenty per cent of the purchase price of all live stock sold by the Board to the settler on or after the first day of October, 1920, and prior to the first day of October, 1921. 2. The settler’s account shall be credited with the total amount, determined as aforesaid, as on the standard date in 1925. 1925, c. 53, s. 1
Soldier Settlement Act — S-12.8
Forty per cent of the purchase price of all live stock sold by the Board to the settler prior to the first day of October, 1920;
Soldier Settlement Act — S-12.8 68
s total indebtedness to the Board as at the time of the final determination of the amount of depreciation in value aforesaid; Regulations (h) the Board may with the approval of the Governor in Council, make such regulations as may be necessary for the purposes of this section; Procedure in appeals (i) the Governor in Council may make such regulations as he deems fit for the procedure in appeals to the Federal Court under this section, and may by such regulations modify or dispense with any provisions as to procedure in the Federal Court Act or in the rules of practice of that Court, and all such regulations made shall be published forthwith in the Canada Gazette ; Reinstatement of settler in certain cases (j) notwithstanding anything in this Act, in the case of any settler whose agreement with the Board has been terminated or rescinded and who is desirous of repurchasing the land which he agreed to purchase from the Board may, provided the land has not been otherwise disposed of, reinstate the settler in such rights with respect to the land as he had prior to the termination or rescission of his agreement and extend to him the benefits of this section from which he would otherwise be debarred by reason of the termination or rescission of his agreement. R.S., 1927, c. 188, s. 68; 1928, c. 48, s. 2; R.S., 1970, c. 10(2nd Supp.), s. 64
Soldier Settlement Act — S-12.8 69
Rescission of agreement subject to order of court 69 (1) Notwithstanding anything in this Act, on or after the first day of July, 1930, in any case where the Board, before exercising as against the land the right of rescission of the agreement with any settler who is in default, gives to the settler the statutory notice as required by this Act of its intention to do so, no rescission of the agreement shall take place where, within the period set forth in the notice, the settler advises the Board in writing of his opposition to the proposed action, or where the Board has otherwise reasons to believe that a dispute may arise, unless an order of a County or District Court Judge is issued declaring the rescission of his agreement warranted. Regulations (2) The Governor in Council may make such regulations as he deems fit for the procedure in applications to a District or County Court Judge for an order under this section, and may by such regulations modify and dispense with any provisions as to procedure which might otherwise affect such application, or in the rules and practice of any such Court, and all such regulations shall be published forthwith in the Canada Gazette . 1930, c. 42, s. 1
Soldier Settlement Act — S-12.8 70
Credit of 30% to settler’s account When application for revaluation not disposed of Maximum not to exceed total indebtedness 70 Notwithstanding anything in this Act, in the case of any settler qualified and established upon the land in accordance with the provisions of this Act and regulations thereunder, who has not abandoned his land and whose agreement with the Board has not been terminated, rescinded or assigned, the Board shall credit the settler’s account as on the standard date in 1929 with an amount equal to thirty per cent of the settler’s indebtedness to the Board as on that date; provided that in the case of any such settler whose application for revaluation under section sixty-eight of this Act has not been finally disposed of, the settler’s indebtedness as on the said standard date shall for the purposes of this section be deemed to be the amount owing by him to the Board as on the said standard date less the amount of the depreciation in the value of the land, if any, determined as provided by section sixty-eight of this Act; provided further that the maximum amount which may be so credited to any settler in accordance with the provisions of this section shall in no case exceed the settler’s total indebtedness to the Board. 1930, c. 42, s. 1