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

Short Title

Marginal note:Short title

1 This Act may be cited as the Veterans’ Land Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act

  common-law partner

  common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

  land

  land includes granted or ungranted federal, provincial or private lands, and real or immovable property, messuages, lands, tenements and hereditaments of any tenure, and real rights, easements and servitudes, streams, watercourses, waters, roads and ways, and all rights or interests in, or over, or arising out of, and all charges upon, land; (terre ou bien-fonds)

  Minister

  Minister means the Minister of Veterans Affairs; (Ministre)

  property

  property includes land and goods, chattels, real and personal, and personal or movable property, and all rights or interests in, or over, or arising out of, and all charges upon, property; (biens ou propriété)

  veteran

  veteran means a person who at any time during the war declared by His Majesty on the 10th day of September 1939 against the German Reich and subsequently against other powers, has been therein engaged on active service in a naval, army or air force of Canada, or of any of His Majesty’s forces if at the time of his enlistment he was ordinarily domiciled or resident in Canada, and

  • (a) whose service has involved duties required to be performed outside the Western Hemisphere,

  • (b) who has served only in the Western Hemisphere for a period of at least twelve months, not including any period of absence without leave or leave of absence without pay, time served while undergoing sentence of penal servitude, imprisonment or detention, or service in respect of which pay is forfeited, or

  • (c) who, wherever he may have served, is by reason of disability attributable to or incurred during such service in receipt of a pension, and has been honourably discharged from such naval, army, air force, or other of His Majesty’s forces, or has been permitted honourably to resign or retire therefrom;

  and veteran also means a British subject who was ordinarily domiciled or resident in Canada at the beginning of the said war and who is in receipt of a pension in respect of a disability incurred while serving upon a ship during the said war; (ancien combattant)

  Western Hemisphere

  Western Hemisphere means the continents of North America and South America, the islands adjacent thereto, and the territorial waters thereof, including Newfoundland, Bermuda, and the West Indies but excluding Greenland, Iceland and the Aleutian Islands. (hémisphère occidental)

• Marginal note:Persons deemed honourably discharged

  (2) For the purposes of this Act,

  • (a) a person who would be a person described in the definition veteran in subsection (1) if he had been honourably discharged from the force or forces referred to therein shall be deemed to have been honourably discharged from such force or forces on the 30th day of September 1947 if not discharged therefrom before that day; and

  • (b) a person who would be a person described in paragraph 4(2)(a),(b) or (c) of the Veterans Benefit Act if he had been honourably discharged from the force or forces referred to therein or his service with such force or forces had been honourably terminated shall be deemed to have been honourably discharged from such force or forces on the 31st day of October 1953 if not discharged therefrom before that day.

Director and Employees

Marginal note:The Director, The Veterans’ Land Act

• 3 (1) The person who from time to time holds the office of the Deputy Minister of Veterans Affairs or such person as the Deputy Minister may designate is, by virtue of holding that office or by virtue of that designation, as the case may be, The Director, The Veterans’ Land Act (in this Act referred to as “the Director”).

• Marginal note:Administration

  (2) This Act shall be administered by the Minister and the powers and duties conferred or imposed by this Act on the Director shall be exercised or performed subject to the direction of the Minister.

Marginal note:Staff

• 4 (1) Such officers, instructors, clerks, stenographers and other employees as may be required for the purposes of this Act shall be appointed or employed in the manner authorized by law.

• Marginal note:Duties and functions

  (2) All such appointees shall perform such duties and functions as the Director may prescribe.

Corporate Powers of the Director

Marginal note:Director to be a corporation sole

• 5 (1) For the purposes of acquiring, holding, conveying and transferring and of agreeing to convey, acquire or transfer any of the property that he is by this Act authorized to acquire, hold, convey, transfer, agree to convey or agree to transfer, but for such purposes only, the Director is a corporation sole and he and his successors have perpetual succession, and as such he is the agent of Her Majesty in right of Canada.

• Marginal note:Legal proceedings

  (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Director on behalf of Her Majesty, whether in his name or in the name of Her Majesty, may be brought or taken by or against the Director in the name of the Director in any court that would have jurisdiction if the Director were not an agent of Her Majesty.

• Marginal note:Conveyance to constitute new titles

  (3) All conveyances from the Director constitute new titles to the land conveyed and have the same and as full effect as grants from the Crown of previously ungranted Crown lands.

• Marginal note:Property to vest in the Director

  (4) All property acquired for any of the purposes of this Act shall vest in the Director as such corporation sole; but the provisions of this section do not in any way restrict, impair or affect the powers conferred upon the Director generally by this Act nor subject him to the provisions of any enactment of the Parliament of Canada or the legislature of any province respecting corporations.

• Marginal note:Seal of Director

  (5) The Director in his corporate capacity shall have an impress seal inscribed with the words “The Director, The Veterans’ Land Act” and showing the coat of arms of Canada.

• Marginal note:Execution of documents

  (6) All documents that require execution by the Director in his corporate capacity shall be deemed validly executed if the said seal is affixed and the name of the Director is signed thereto, the whole in the presence of one other person who has subscribed his name as witness; and every document that purports to be impressed with the seal of the Director and to be sealed and signed in the presence of a witness by the Director is admissible in evidence in all courts in Canada without proof of any such seal or of such sealing or signing.

• Marginal note:Land deemed to be held by Director as corporation sole

  (7) Any land vested in the Director in respect of which an assessment has been duly made by a taxing authority is hereby declared for the purpose of recourse to the land itself for realization of taxes based upon such assessment and for such purpose only, to be held by the Director as such corporation sole and not as an agent of Her Majesty in right of Canada.

• Marginal note:Idem

  (8) Any land vested in the Director to which a court order or judgment referred to in section 37 applies is hereby declared, for the purpose of the application of that section, to be held by the Director as a corporation sole and not as an agent of Her Majesty in right of Canada.

Veterans’ Land Act Fund

Marginal note:Advances out of C.R.F.

• 6 (1) There may be advanced out of the Consolidated Revenue Fund such amounts as are required for the purposes of Parts I and III with the exception of amounts payable out of money paid to the Director for a special purpose, amounts granted under sections 45 and 46 and amounts payable out of the Veterans’ Land Act Insurance Account established under section 63.

• Marginal note:Veterans’ Land Act Fund

  (2) There shall be established in the Consolidated Revenue Fund an account to be known as the Veterans’ Land Act Fund to which shall be charged

  • (a) the remaining principal cost to the Director of all land, improvements, livestock and farm equipment owned by him on the 30th day of June 1965, with the exception of obligations incurred by the Director under sections 45 and 46;

  • (b) the principal balances on advances outstanding on obligations to the Director under Parts I and III with the exception of obligations incurred to the Director under sections 45 and 46; and

  • (c) every advance made out of the Consolidated Revenue Fund pursuant to subsection (1).

• Marginal note:Credits

  (3) There shall be shown as credits to the Veterans’ Land Act Fund all principal amounts received by the Director pursuant to Parts I and III with the exception of money paid to the Director for a special purpose, amounts received for deposit to the Veterans’ Land Act Insurance Account established under section 63 and amounts received under sections 45 and 46.

• Marginal note:Advances not to exceed prescribed amount

  (4) No advance under subsection (1) shall exceed five hundred and thirty million dollars less the aggregate of all amounts then standing as a charge against the Veterans’ Land Act Fund.

• Marginal note:Money paid to the Director for a special purpose

  (5) For the purposes of this section money paid to the Director for a special purpose includes all money that is paid to an officer of the Director under or pursuant to Parts I and III and that is to be disbursed for a purpose specified in or pursuant to Parts I and III.

PART ILand Settlement Assistance

Agricultural Training

Marginal note:Training and instruction in agriculture

• 7 (1) The Director may make provision for

  • (a) placing veterans with selected farmers for practical instruction in farming, and

  • (b) supplying instructors and inspectors to assist veterans with information on and instruction in farming.

• Marginal note:Arrangements for supplying instructors

  (2) The Director may make such arrangements as he may deem advisable with any departments of the Government of Canada or the government of a province, the extension departments of Canadian universities and recognized agricultural schools and colleges, for carrying out the purposes of paragraph (1)(b).

Acquisition of Lands and Other Property

Marginal note:Purchase, etc., of lands, buildings and other property

8 The Director may, for the purposes of this Part,

• (a) purchase by agreement, at prices which to him seem reasonable, or

• (b) in any other manner acquire by consent or agreement from Her Majesty in right of Canada or from any province or municipal authority, or from any person, firm or corporation,

such lands and buildings situated in any part of Canada and such other property including building materials, livestock, farm equipment and commercial fishing equipment as the Director may deem necessary.

Buildings and Improvements

Marginal note:Buildings and improvements

• 9 (1) The Director may, for the purposes of this Part,

  • (a) erect on land acquired by him such buildings or effect such other improvements as he may deem necessary;

  • (b) enter into a contract with a person, firm or corporation, or with a province, city, town or municipal authority, for the erection of such buildings and for effecting such other improvements as he may deem necessary; and

  • (c) grant a roadway, right-of-way, easement or other right or interest in, over, through or upon such land.

• Marginal note:Improvements

  (2) For the purposes of this section improvements includes works for sewage disposal, works for the supply of water, gas, electricity or other services, roads, drainage and the cost of preparing plans of subdivisions and any other plans required for such improvements.

Sales of Land and Other Property to Veterans

Marginal note:Determination of cost to Director

• 10 (1) The Director shall, for the purposes of this Part, determine the cost to the Director of the land and improvements thereon, building materials, livestock and farm equipment to be sold to a veteran under this Part, which shall be not less than the amount actually expended by the Director therefor.

• Marginal note:Idem

  (2) Where the Director acquires land and improvements thereon from a veteran and the veteran has at the time of such acquisition outstanding debts that, in the opinion of the Director, were reasonably incurred to effect improvements to the land and improvements so acquired, the Director may pay the debts on behalf of the veteran, and the cost to the Director of the land and improvements shall include the amount of the debts so paid.

Marginal note:Sale of land, etc., to veterans

• 11 (1) Subject to this Part and the regulations, the Director may contract with a veteran certified by him to be qualified to participate in the benefits of this Part for the sale to such veteran of land and improvements thereon, building materials, livestock and farm equipment up to a total cost to the Director of six thousand dollars, but subject to the following conditions:

  • (a) that the cost to the Director of the land, improvements and building materials shall not exceed six thousand dollars;

  • (b) that the veteran has paid to the Director ten per cent of such cost and the entire cost price of land, improvements and building materials in excess of six thousand dollars;

  • (c) that the cost to the Director of the livestock and farm equipment shall not exceed twelve hundred dollars or the amount by which six thousand dollars exceeds the cost to the Director of the land, improvements and building materials, whichever is less;

  • (d) that the sale price to a veteran of land, improvements, building materials, livestock and farm equipment shall be, in addition to any sum paid by the veteran before contract made, a sum equal to two-thirds of the cost to the Director of the land, improvements and building materials;

  • (e) that the interest rate payable by a veteran shall be three and one-half per cent per annum;

  • (f) that the balance of the purchase price payable by a veteran may be extended over a term not in excess of thirty years with interest at the rate aforesaid on the amortization plan; and

  • (g) that, at the request of the veteran, and at any time and from time to time during the period over which the purchase price is payable, the Director may vary the terms of payment to provide for payment of interest only for a period or periods not exceeding in the aggregate five years, or to provide for annual, semi-annual or monthly payments of principal and interest, but a maximum repayment period of thirty years may not be exceeded.

• Marginal note:Commercial fishing equipment

  (2) In this Part, except in subsection (3) of this section, the expression livestock and farm equipment, in the case of a veteran certified by the Director to be a commercial fisherman, includes commercial fishing equipment.

• Marginal note:Contract with veteran

  (3) In lieu of the contract for sale described in subsection (1) and subject to this Part and the regulations, the Director may contract with a veteran certified by him to be qualified to participate in the benefits of this Part for the sale to such veteran of land and improvements thereon, building materials, livestock and farm equipment, up to a total cost to the Director of five thousand eight hundred dollars, but subject to the following conditions:

  • (a) that the cost to the Director of livestock and farm equipment shall not exceed the sum of three thousand dollars;

  • (b) that the cost to the Director of land and improvements and building materials shall not exceed an amount by which the sum of five thousand eight hundred dollars exceeds the cost to the Director of livestock and farm equipment;

  • (c) that the veteran has paid to the Director twenty per cent of the cost to the Director of the livestock and farm equipment and ten per cent of the cost to the Director of the land, improvements thereon and building materials;

  • (d) that the sale price to a veteran of land, improvements and building materials and livestock and farm equipment, shall be, in addition to any sum paid by the veteran before contract made, a sum equal to forty per cent of the cost to the Director of the livestock and farm equipment and fifty per cent of the cost to the Director of land, improvements thereon and building materials;

  • (e) that the interest rate payable by a veteran shall be three and one-half per cent per annum;

  • (f) that the balance of the purchase price payable by a veteran may be extended over a term not in excess of ten years for the payment of livestock and farm equipment and not in excess of thirty years for the payment of land and improvements thereon and building material; and

  • (g) that livestock and farm equipment shall be sold under this subsection only to a veteran who at the time of such sale enters into a contract under this subsection or has a subsisting contract under this subsection for the purchase of land from the Director or who occupies land under a rental or purchase agreement satisfactory to the Director, and the cost to the Director of such livestock and equipment shall not exceed forty per cent of

    • (i) the value, as estimated by the Director, of the land and improvements thereon sold to the veteran and the cost to the Director of building materials sold to the veteran, and

    • (ii) the value of any land occupied by that veteran under a rental or purchase agreement as estimated by the Director.

• Marginal note:Additional assistance under ss. (1)

  (4) Where a veteran who entered into a contract with the Director under subsection (3), under which the total cost to the Director was less than five thousand eight hundred dollars, pays in full his indebtedness to the Director thereunder, the Director may enter into a contract with the veteran under subsection (1) subject to the following conditions:

  • (a) that the cost to the Director of the land, improvements, building materials, livestock and farm equipment shall not exceed six thousand dollars less the total cost to the Director under the contract entered into between the Director and the veteran under subsection (3); and

  • (b) that the total cost to the Director under the contract entered into under subsection (3), less the sum paid before contract made and the sale price paid by the veteran, and the cost to the Director under the contract under subsection (1) after deduction of any sum paid before contract made and the sale price payable thereunder, does not exceed two thousand three hundred and twenty dollars,

  and subject to the conditions set forth in paragraphs (1)(b),(d),(e),(f) and (g).

• Marginal note:Sale, assignment or other disposition only after all commitments met

  (5) A veteran who has entered into a contract with the Director under subsection (1) or (3) may not during the term of that contract sell, assign or otherwise dispose of the subject-matter of that contract or any part thereof, except by lease entered into with the permission of the Director after the expiration of ten years from the effective date provided in the contract, unless payment is made in full to the Director of

  • (a) the total outstanding cost to the Director of the land, improvements, livestock and farm equipment;

  • (b) interest charges at the rate specified in the contract and accruing to the day of payment on the total outstanding cost to the Director; and

  • (c) all other amounts owing by the veteran to the Director and secured under the contract.

• Marginal note:Conveyance or transfer

  (6) Except upon payment in full to the Director of the amounts set out in paragraphs (5)(a),(b) and (c), no conveyance or transfer of any land being purchased by a veteran from the Director under subsection (1) or (3) shall be given by the Director to the veteran unless

  • (a) ten years have elapsed since the effective date provided in the contract; and

  • (b) the veteran has complied with the terms of the contract throughout that ten-year period.

• Marginal note:Where contract for sale of livestock and equipment

  (7) Notwithstanding subsection (5), in the case of any contract for the sale of livestock and equipment made between the Director and a veteran who occupies land under a rental or purchase agreement and who subsequently enters into a contract to buy land from the Director before the terms of the contract for the sale of livestock and equipment have been completely fulfilled, the Director shall not give a conveyance or transfer in respect of the said land or improvements thereon or building materials until the terms of the contract for the sale of the said livestock and equipment have been completely fulfilled.

• Marginal note:No further contract where default exists in previous contract

  (8) Except with the approval of the Minister, the Director shall not enter into a contract for the sale of land, improvements, building materials, livestock, farm equipment or commercial fishing equipment with a veteran who is in default in respect of any contract previously entered into under this Act.

• Marginal note:Spouse or common-law partner may be joined

  (9) Notwithstanding any other provision of this Act, the Director may, on the request of a veteran, join the spouse or common-law partner of the veteran as a joint purchaser with the veteran in any contract entered into by the veteran pursuant to this section, subject to the following conditions:

  • (a) the veteran and the spouse or common-law partner of the veteran complete, in a form prescribed by the Director, an application to join the spouse or common-law partner;

  • (b) on the death of the veteran or the spouse or common-law partner of the veteran, the survivor becomes the sole purchaser under the contract;

  • (c) the contract cannot be terminated except with the consent of all the parties or as provided under subsection 37(2) of this Act, or by the Director for false or misrepresented information in the application;

  • (d) repayment in full or part of the balance of the sale price may be made at any time without notice or payment of bonus; and

  • (e) on repayment in full of the balance of the sale price, a transfer or conveyance will be issued by the Director to the veteran and the spouse or common-law partner of the veteran, or if one has died, to the survivor.