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

Sales for Special Purposes

Marginal note:Sale of lands for dairy, educational and other purposes and to provincial authorities: price to be not less than estimated cost to a settler

29 Notwithstanding anything in this Act, the Board, with the consent of the Governor in Council, may sell any land which is at its disposal for sale, in the cases and subject to the conditions following, that is to say: —

• (a) as a site for a dairy factory, cheese factory, fruit preserving factory or creamery, or for any educational, religious, charitable or public purpose, or for any other purpose which, in the opinion of the Board, renders such a sale in the public interest;

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

• (c) the price shall in each case be fixed by the Governor in Council and shall be not less than the cost of the land as it would be estimated by the Board on a sale to a settler of lands acquired by purchase under this Act.

General Provisions

Marginal note:All agreements between Board and settler under twenty-one years are valid

• 30  All deeds of land, all mortgages and charges upon land or goods and all contracts and agreements whatever, including bills of exchange and promissory notes, made or entered into by any settler to or with, or for the benefit or security of, the Board, purporting to act with respect thereto or to accept any thereof in execution of any of its powers under this Act or under the former Act, shall be valid and enforceable notwithstanding that such settler is not of the full age of twenty-one years, or is an Indian or is under any civil disability.

• Marginal note:Commencement of section

  Footnote ^*2. This section shall be deemed to have been operative as from the passing of the former Act.

  • Return to footnote ^*[Note: The Soldier Settlement Act, 1917 assented to August 29, 1917.]

Marginal note:Settler occupant deemed tenant

31 Every settler holding or occupying land sold by the Board shall, until the Board grants or conveys the land to him, be deemed a tenant at will.

Marginal note:Additional security for advances may be required

• 32  Every settler obtaining advances from the Board for any of the purposes of this Act may be required, if the Board considers the security otherwise insufficient, to furnish security on any property owned or held by him.

• Marginal note:Documents to be in prescribed form, and to have statutory effect

  2. All agreements of sale or otherwise, all instruments evidencing liens or charges, and all other documents authorized or required by this Act, shall be made in such form and according to such forms, and shall contain such provisions as the Board shall provide, and every such document shall have effect as if the form thereof were statutory, and were provided by and as part of this Act.

Marginal note:Unless Board consents, land, stock, etc., held and unpaid in full by settler to be exempt from operation of ordinary laws

33 Notwithstanding any law, whether statute or otherwise, in force in any province,

• (a) which authorizes or requires the registration, recording or filing of deeds, mortgages, certificates of judgments, attachments, bills of sale or other documents which affect title to, or evidence the existence of liens or charges upon, real, personal or other property; or

• (b) which authorizes the levy upon, or sale under attachment, execution or other process, or the expropriation or seizure of real, personal or other property;

unless the Board shall otherwise consent in writing the lands of, or sold by the Board to, a settler, and the live stock and equipment of, or sold by the Board to, a settler, and the increase of any such live stock, and the Board’s and the settler’s respective interests in such lands, live stock and equipment, shall, for so long as any part of the sale price, or the amount of any advance made with respect to any such property, or any interest, or any amount charged upon such property or any thereof in favour of the Board, remains unpaid to the Board, be exempt from and not within the operation of such laws.

Marginal note:While any sum on advances unpaid all properties of settler to remain as security and his interest therein cannot be alienated

• 34  Notwithstanding any law, whether statute or otherwise, in force in any province,

  • (a) while any sum shall remain unpaid upon the aggregate advances or payments made from time to time pursuant to the provisions of this Act by the Board to or on behalf of a settler, and secured by or charged whether under this Act or otherwise, upon real, personal or other properties of the settler, or upon the settler’s interest in any of such properties, all of the properties so charged shall continue to be security for repayment of such sum or sums as shall at any time remain unpaid upon any of such advances or payments and, unless with the consent in writing of the Board, the interest of the settler in any of such properties shall not be capable of being voluntarily or involuntarily alienated, or subsequently charged or encumbered nor be subject to the operation of any law or agreement whatever to the prejudice of the claims or charges of the Board;

  • Marginal note:No judgment, etc., against settler binding on land, stock, etc., while price, advance or interest unpaid to Board

    (b) no deed, mortgage or other instrument executed by or for a settler, and no judgment recovered or attachment, execution or other process issued against him shall, as against the Board, bind or affect the lands or the live stock and equipment, sold by the Board to such settler or his land upon the security of which the Board has made any advance of money, or the increase of any of such live stock sold as aforesaid, for so long as the sale price of said lands, live stock or equipment, or said advance, or any part of said price or advance, or any interest thereon, remains unpaid to the Board;

  • Marginal note:No priority of claim for wife or husband of settler, notwithstanding dower or other laws of any province, when price, etc., due to Board unpaid

    (c) the wife of any settler shall not, for so long as the sale price, or any part thereof or any interest thereon, or any charge in favour of the Board, remains unpaid upon any lands which were sold by the Board to a settler, or upon the security of which the Board has made any advance of money, have in priority or in prejudice of any claim or charge of the Board against or upon such lands any estate of dower therein nor, during the same period, shall the husband of any settler have, in priority or prejudice as aforesaid, any estate of courtesy in such lands, nor shall the Mechanics’ Lien laws or other lien laws or the dower or homestead laws of any province extend or apply in priority or prejudice as aforesaid to said lands;

  • Marginal note:No sale or other transaction by settler, while price unpaid, effective against Board

    (d) no sale, gift, delivery, barter, exchange, pledge, charge, lien or other transaction by or for the settler to or with any person, corporation or body other than the Board, and purporting to affect or bind any of such lands, live stock or equipment or any part thereof, sold by the Board to a settler, or the increase of any live stock so sold, shall, while the sale price of such lands, live stock and equipment, or of any part thereof, or any interest on such price thereof, remains unpaid, have, as against the Board, unless with the consent of the Board, any effect whatever;

  • Marginal note:Crops, live stock, etc., seized shall stand charged with lien in favour of Board

    (e) if the produce or crop of any lands which were sold by the Board to a settler or of any lands upon the security of which the Board has made any advance of money is seized or taken in execution or under any other process, whether the settler shall or shall not have fully paid for said lands, and whether said produce or crop is seized or taken standing, or cut, or in barn, or otherwise, such produce or crop shall stand charged with a lien in favour of the Board for payment of all instalments due or overdue by the settler to the Board at the time of seizure or taking, in respect of the settler’s land, live stock, equipment and permanent improvements, and, as well, all such instalments in respect as aforesaid as will mature within twelve calendar months thereafter.

• Marginal note:Transactions and laws affecting settler subject to this Act

  2. All lawful transactions by or with and all lawful proceedings against the settler, and all provincial laws affecting him or his property or his property interests, shall, as respects any property, real, personal or other, sold to him by the Board, or charged with any claims of the Board, have effect except as by this Act provided.

• Marginal note:Priority of Board’s liens over all other liens

  3. Unless the Board shall otherwise consent all liens and charges of the Board shall, while and for so long as they or any part thereof shall remain unpaid to the Board, rank upon the property of the settler, or against his interest in any property subject to lien or charged, in priority to all other liens and charges, and the liens and charges of the Board shall rank pari passu.

• Marginal note:Board may require mortgage defining charge on land, etc.

  4. The Board may require of any settler the execution of a mortgage, in such form as its regulations may prescribe, defining and securing any charge which is by this or by the former Act imposed or declared to exist or is agreed upon by the Board and the settler.

PART IIICompulsory Purchase of Lands

Settlement Areas

Marginal note:Settlement areas defined by Board

• 35  For the purpose of enabling compulsory purchase of agricultural lands in execution of the purposes of this Act, the Board may establish and define the limits of settlement areas.

• Marginal note:Only in certain districts

  2. Settlement areas shall be established only in districts wherein by reason of lands remaining undeveloped agricultural production is being retarded.

• Marginal note:Establishment of area by Board conclusive proof

  3. The Board shall be sole judge as to whether or not in any district, by reason of lands remaining undeveloped, agricultural production is being retarded, and the fact of the establishment of a settlement area in manner by this Part provided shall be conclusive proof in any court or otherwise that any lands within such area which the Board, pursuant to the following provisions of this Part, may proceed to purchase compulsorily are compulsorily purchaseable hereunder, and that such settlement area answers the requirements of the next preceding subsection.

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.