Soldier Settlement Act (R.S.C. 1927, c. 188)

Marginal note:Gazetting notice proof of establishment

• 36  A settlement area shall be deemed to be established when the Board has gazetted a notice of such establishment four times with intervals of not less than five days between each gazetting.

• Marginal note:Form of notice

  2. Such notice shall define the limits of the settlement area so established and shall be sufficient if in form as nearly as may be to form A in the schedule to this Act.

• Marginal note:Publication in newspapers

  3. The Board shall, in addition to such gazetting, publish like notice to that gazetted four times, with intervals of not less than five days between each publication, in one newspaper having a circulation throughout the district wherein such settlement area is wholly or partly contained and mail two copies of the Gazette in which such notice first appears to the Registrar of Deeds in said district.

• Marginal note:Registrar to file Gazette

  4. Such Registrar shall preserve such Gazette on file in his office.

• Marginal note:Omission not invalidation

  5. The omission on the part of the Board to comply with subsection three of this section, or the omission of the Registrar to comply with subsection four of this section, shall not invalidate nor render insufficient any proceedings on the part of the Board for compulsory purchase.

Marginal note:Notice of alteration or disestablishment of area to be gazetted

• 37  The Board may, from time to time, curtail, extend or in any other way alter the limits of, or entirely disestablish a settlement area, which shall be deemed to have been done when it has gazetted notice of the alteration or disestablishment in like manner to the gazetting of notice of the original establishment of the area, save that in the case of disestablishment only one gazetting shall be made.

• Marginal note:Form

  2. The notice shall be sufficient if in form as nearly as may be to form B in the schedule to this Act.

• Marginal note:Notice to be sent to Registrar

  3. The Board shall publish and mail and the Registrar of Deeds shall preserve on file in manner like to that in section thirty-six provided with respect to the original establishment of the settlement area, save that in the case of disestablishment only one publication shall be made, but non-compliance shall have like absence of effect.

Marginal note:Gazetting constitutes a notice and puts interested person upon inquiry as to action of Board Subsequent registrations entail all charges, etc., on land

38 Gazetting as in section thirty-six and thirty-seven of this Act provided shall constitute notice to every person proposing to deal with or acquire any estate or interest in or any charge upon any land within a settlement area that the land is subject to the provisions of this Act, and shall put such person upon inquiry as to the proceedings which may have been taken by the Board, and all subsequent registrations in respect to any parcel of land which is in whole or in part included within such settlement area shall be subject to the rights, options, and privileges of the Board, and the person claiming under any such registration shall take the land subject to all charges and liabilities which have been imposed and to which it may be liable to be subjected under this Act.

Duties of Owners of Lands Within a Settlement Area

Marginal note:Owner to file return with District Superintendent, within 30 days as per form C

• 39  Within thirty days after the last gazetting of the establishment of a settlement area, each owner of a block, the whole or any part whereof is situate within the settlement area, shall file with the District Superintendent of the Board having jurisdiction over the district within which such settlement area is situate a return in form C in the schedule to this Act naming the prices at which he is willing to sell the block and each parcel thereof to the Board and shall give such other information with respect to such block as the Board may from time to time prescribe or require.

• Marginal note:Board to mail notice to owner stating amount of compensation

  2. At any time after the expiration of such thirty days period the Board may, by notice to the owner of any land within the settlement area which is deemed by the Board subject to compulsory purchase under this Act, mailed to his last known address, require such owner to convey to the Board the land with respect to which notice has been so mailed and thereby advise him of the amount of compensation that the Board is willing to pay for such land.

Marginal note:Statement of all liens, etc., on land to be furnished to Board by person interested

40 Every person who has any estate or interest in any land proposed to be purchased compulsorily for any of the purposes of this Act, or who represents or is the husband of any such person, shall, upon demand made therefor by or on behalf of the Board, furnish to the Board a true statement showing the particulars of such estate and interest and of every charge, lien and encumbrance to which the same is subject, and of the claim made by such person in respect of such estate and interest.

Procedure for Compulsory Purchase

Marginal note:When Board may purchase land compulsorily

• 41  If the Board decides to acquire any land within a settlement area and,

  • (a) the owner refuses to sell;

  • (b) it appears to the Board that no agreement for sale can be arranged;

  • (c) no proper deed or conveyance is made and executed by the person having the power to make such deed or conveyance;

  • (d) a person interested in such land is incapable of making or executing a deed or conveyance; or

  • (e) for any other reason the Board deems it necessary or advisable;

  the Board may purchase such land compulsorily, in the manner hereinafter provided.

• Marginal note:On gazetting notice in form D land is vested in Board as an estate of fee simple, and, in Quebec, of absolute ownership

  2. The Board shall gazette a notice in form D, describing the land by metes and bounds or otherwise, and stating that it has been compulsorily purchased by the Board and the amount of compensation money that the Board is willing to pay, whereupon the land as described shall by such gazetting and by force of this Act become and remain vested in the Board as for an estate of fee simple in possession or, in the province of Quebec, in the Board as absolute owner, and in any event 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 by deed or conveyance of all persons entitled to any interest therein, but compensation, ascertained as in this Part provided, shall be paid therefor.

• Marginal note:Gazetting a tender of compensation

  3. The amount of compensation money mentioned in such notice gazetted shall be deemed to have been by such gazetting and by force of this Act, tendered to the persons entitled to any interest in said land, collectively.

• Marginal note:Gazetting proof of conditions complied with

  4. The gazetting of the notice in form D shall for all purposes be conclusive proof that all necessary steps and conditions precedent thereto have been duly taken and complied with.

• Marginal note:Re-gazetting to correct error in gazetted notice

  5. In case of any omission, mis-statement or erroneous description in such gazetting it shall, at the option of the Board, be deemed not to have been made, and a new and correct gazetting which shall indicate the gazetting of which it is the correction, shall be made in its stead, whereupon such new and correct gazetting shall be deemed the only gazetting made and of itself proof for all purposes of the exercise by the Board of the option in this subsection mentioned.

• Marginal note:When owner claims compensation inadequate Board may lay information before Federal Court

  6. If within sixty days from the date of such gazetting the owner being in the province or in any place in North America, or within one hundred days the owner being elsewhere, no proper deed or conveyance to the Board is made and executed by the person or persons having power to make and execute such deed or conveyance, or if the owner or any person interested in the land, by notice served on the Board before the expiration of the stated period, claims that the compensation tendered by such gazetting is inadequate, the Board may cause to be exhibited in the Court an information in which shall be set forth

  • (a) the date at which and the manner in which such land was acquired or taken;

  • (b) the persons, who, at such date, had any estate or interest in such land and the particulars of such estate or interest and of any charge, lien, or encumbrance to which the land was subject, so far as the same can be ascertained;

  • (c) the sums of money which the Board is ready to pay to such persons respectively, in respect of any such estate, interest, charge, lien or encumbrance; and

  • (d) any other facts material to the consideration and determination of the questions involved in such proceedings.

• Marginal note:Such information deemed institution of suit

  7. Such information shall be deemed and taken to be the institution of a suit against the persons named therein, and shall conclude with a claim for such a judgment or declaration as, in the opinion of the Board, the facts warrant.

• Marginal note:Ordinary procedure of Court to be followed

  8. The information shall be served in like manner as other informations and all proceedings in respect thereof or subsequent thereto shall be regulated by and shall conform as nearly as may be to the procedure in other cases instituted by information in the Court.

• Marginal note:Questions of fact or law may be raised in defence

  9. Any person who is mentioned in any such information, or who afterwards is made or becomes a party thereto, may, by his answer, exception or defence, raise any question of fact or law incident to the determination of his right to such compensation money or any part thereof, or in respect of the sufficiency of such compensation money.

• Marginal note:Such proceedings bar all claims to compensation, etc.

  10. Such proceedings shall, so far as the parties thereto are concerned, bar all claims to the compensation money or any part thereof, including any claim of dower, or of dower not yet open, as well as in respect of all mortgages, hypothecs or encumbrances upon the land or property; and the Court shall make such order for the distribution, payment or investment of the compensation money and for the securing of the rights of all persons interested, as to right and justice, according to the provisions of this Act and to law appertain.

Marginal note:When Board may establish or declare block of land a settlement area

42 If the Board decides to acquire by compulsory purchase any block which is not within an existing settlement area, it may establish the block as a settlement area, or it may by notice gazetted in the manner provided in section forty-one of this Act, declare such block to be within an existing settlement area, of which area the notice shall define altered bounds to include the block so decided to be purchased, whereupon compulsory purchase proceedings may be conducted in every respect as if the block had been originally within an established settlement area.

Marginal note:Duties of registrar of deeds as to registers and registrations of transactions under this Act

43 Every registrar of deeds shall, upon receipt of any copy of the Canada Gazette containing any notice in form D gazetted under this Act affecting lands within his registration district, register, record or enter in the book or books, including index books, in which, according to the law of his province with reference to the registration or recording of grants, conveyances or transfers of land, grants, deeds or other documents of conveyance or copies thereof or notations or references thereto ought by him to be registered, recorded or entered, either the whole notice in form D so gazetted or sufficient notations or references thereto or therefrom as will show that the land described or the interest stated in such notice is owned by the Board absolutely by right acquired under this Act, and upon any resale of such land or of part thereof by the Board shall, when required, register, record or enter in such books the purchaser thereof or of part thereof in accordance with the terms of any grant or conveyance from the Board presented for registration, recording or entry.

Marginal note:Claims on land become claims on compensation money

44 The compensation money agreed upon or adjudged for any land compulsorily purchased for any of the purposes of this Act shall stand in the stead of such land or property; and any claim to or encumbrance upon such land or property shall, as respects the Board, be converted into a claim to such compensation money or to a proportionate amount thereof as may be allowed and shall be void as respects any land so compulsorily purchased.

Costs

Marginal note:Costs at discretion of Court

45 The costs of and incidental to any compulsory purchase proceedings under this Act shall be in the discretion of the Court, which may direct that the whole or any part of such costs may be paid by the Board or by any party to such proceedings.

Payment of Compensation or Costs

Marginal note:Payment of compensation or costs.

46 The Board may pay to any person any sum to which, under the judgment of the Court, in virtue of the provisions of this Act, he is entitled as compensation money or costs.

Interest

Marginal note:Interest at 5 p.c. on compensation money

• 47  Interest at the rate of five per centum per annum may be allowed on such compensation money from the time when the land was acquired or taken to the date when judgment is given; but no person to whom has been tendered a sum equal to or greater than the amount to which the Court finds him entitled shall be allowed any interest on such compensation money from any time subsequent to the date of such tender.

• Marginal note:Refusal of interest when delays attributable to person otherwise entitled to it

  2. If the Court is of opinion that the delay in the final determination of any such matter is attributable in whole or in part to any person entitled to such compensation money or any part thereof, or that such person has not, upon demand made therefor, furnished to the Board within a reasonable time a true statement of the particulars of his claim required to be furnished as hereinbefore provided, the Court may, for the whole or any portion of the time for which such person would otherwise be entitled to interest, refuse to allow him interest, or it may allow the same at such rate less than five per centum per annum as to the Court appears just.

Resistance to Peaceful Possession

Marginal note:When warrant may issue to put Board in possession

• 48  If any resistance or opposition is made by any person to the Board, or any person acting for the Board, entering upon and taking possession of any lands, a judge of the Court, or any judge of any superior court, may, on proof of the execution of the conveyance of such land to the Board, or agreement therefor, or of the gazetting of a notice in form D as aforesaid, and after such notice to show cause given in such manner as the judge prescribes, issue his warrant to the sheriff of the district or township within which such lands are situated, directing him to put down such resistance or opposition, and to put the Board, or some person acting for it, in possession of the lands.

• Marginal note:Sheriff to make return to Federal Court

  2. The sheriff shall take with him sufficient assistance for such purpose, and shall put down such resistance and opposition, put the Board, or such person acting for it, in possession of such lands and forthwith make return to the Court of such warrant, and of the manner in which he executed the same.

Inspection and Survey of and Entry upon Lands

Marginal note:Entry upon lands, inspection, survey, etc.

• 49  The Board may by itself, its surveyors or engineers, superintendents, agents, workmen and servants,

  • (a) enter upon any land to whomsoever belonging, make surveys of the same sufficient for the exercise by the Board of any of its powers under this Act, and make tests of the character of such land or of its streams, waters or watercourses; and

  • (b) after compliance with section forty-one of this Act, enter upon and take possession of any land the acquirement of which is, in its judgment, necessary for the execution of any of the purposes of this Act.

• Marginal note:Any engineer or surveyor for province may be employed

  2. The Board may employ any person duly licensed or empowered to act as a surveyor for any province of Canada, or any surveyor or engineer, to make any survey, or establish any boundary and furnish the plans and descriptions of any land acquired or to be acquired by the Board for the execution of any of the purposes of this Act.

• Marginal note:Stone or iron monuments to mark boundaries

  3. The boundaries of such land may be permanently established by means of proper stone or iron monuments planted by the engineer or surveyor so employed by the Board.

• Marginal note:Effect of such surveys, etc.

  4. Such surveys, boundaries, plans and descriptions shall have the same effect to all intents and purposes as if the operations pertaining thereto or connected therewith had been performed, and such boundaries had been established and such monuments planted by a land surveyor duly licensed and sworn in and for the province in which the land is situate.

• Marginal note:Boundaries true if established after due notice and a procès-verbal signed by witness

  5. Such boundaries shall be held to be the true and unalterable boundaries of such land, if

  • (a) they are so established, and such monuments of iron or stone so planted, after due notice of the intention to establish and plant the same has been given in writing to the owners or proprietors of the land thereby affected; and

  • (b) a procès-verbal or written description of such boundaries is approved and signed in the presence of two witnesses by such engineer or surveyor on behalf of the Board and by the other person concerned; or, in case of the refusal of any owner or proprietor to approve or to sign such procès-verbal or description, such refusal is recorded in such procès-verbal or description; and

  • (c) such boundary marks or monuments are planted in the presence of at least one witness who shall sign the said procès-verbal or description.

• Marginal note:Formalities not necessary unless Board sees fit

  6. It shall not be incumbent on the Board or those acting for it to have boundaries established with the formalities in this section mentioned, but the same may be resorted to whenever the Board deems it necessary.