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

Lands Taken for Public Purposes

Marginal note:Local authorities may take lands with consent of Governor in Council

• 29 (1) Where by an Act of the Parliament of Canada or a provincial legislature, Her Majesty in right of a province, a municipal or local authority or a corporation is empowered to take or to use lands or any interest therein without the consent of the owner, the power may, with the consent of the Governor in Council and subject to any terms that may be prescribed by the Governor in Council, be exercised in relation to lands vested in the Director.

• Marginal note:Procedure

  (2) Unless the Governor in Council otherwise directs, all matters relating to compulsory taking or using under subsection (1) of lands vested in the Director shall be governed by the statute by which the power is conferred.

• Marginal note:Payment

  (3) Any amount that is awarded in respect of the compulsory taking or using of land under this section or that is paid for a transfer or conveyance of land pursuant to this section shall be paid to the Director for the use and benefit of the person, if any, who is entitled to compensation or payment as a result of the exercise of the power referred to in subsection (1), and where the person so entitled is a veteran the amount so awarded shall be distributed in accordance with section 13 and, for the purposes of that section, shall be deemed to be proceeds of the sale of the land.

General Provisions

Marginal note:Veteran indebted to Director of Soldier Settlement

30 Except with the approval of the Minister, sales, advances or grants authorized by this Part shall not be made to persons indebted to the Director of Soldier Settlement.

Marginal note:Time limit on obtaining benefits

• 31 (1) No veteran is eligible to participate in the benefits of this Part who is not certified by the Director to be qualified to participate in the benefits of this Act on or before the 31st day of October 1968.

• Marginal note:Terminal dates for sale, advance, loan or grant

  (2) No application for a sale, advance, loan or grant under Part I or III shall be accepted by the Director after the 31st day of March, 1975 from a veteran who has not a subsisting contract with the Director on the day of receipt of such application by the Director, and no application for a sale, advance, loan or grant under Part I or III shall be accepted by the Director after the 31st day of March 1977.

• Marginal note:Commencement of construction or improvement

  (3) Where an agreement to make an advance, loan or grant has been entered into by the Director for the purpose of financing construction of a building or other improvement on land, no such advance, loan or grant shall be paid to or on behalf of the veteran unless, in the opinion of the Director, the construction or improvement has been commenced

  • (a) in the case of an advance, loan or grant an application for which could not be accepted after the 31st day of March, 1975, on or before the 31st day of March, 1976; and

  • (b) in the case of an advance, loan or grant an application for which could not be accepted after the 31st day of March 1977, on or before the 31st day of March 1978.

Marginal note:Certification of veteran

• 32 (1) A veteran may be certified by the Director to be qualified to participate in the benefits of this Act notwithstanding that

  • (a) the veteran has received an allowance under the Veterans Rehabilitation Act that may be repaid to the Minister under paragraph 10(2)(c) of that Act, or

  • (b) the veteran has received a re-establishment credit under the War Service Grants Act that may be repaid by a compensating adjustment under subsection 16(1) of that Act,

  and that such allowance or re-establishment credit has not been repaid.

• Marginal note:Payment by Director

  (2) Upon approval by the Director of an application by a veteran described in subsection (1) for any sale, grant or loan under Part I or III the Director may

  • (a) repay the amount of the allowance paid to the veteran under the Veterans Rehabilitation Act together with the costs referred to in paragraph 10(2)(c) of that Act, or

  • (b) pay the compensating adjustment under subsection 16(1) of the War Service Grants Act and such payment shall be deemed to have been made on the 31st day of October 1968 for the purposes of subsection 16(2) of that Act,

  and shall add the sum so paid to the recoverable portion of the sale price or loan or to the grant under section 45 or 46, but no such sum may increase the cost to the Director of property sold under section 11, the amount of the grant under section 45 or 46 or the amount of the loan under Part III beyond the maximum cost to the Director, or maximum grant or loan provided for in the section or subsection under which the sale, grant or loan is made.

• Marginal note:Repayment to Director

  (3) Any payment made by the Director under subsection (2) that is not included in a grant under section 45 or 46, or that is included in a grant under section 45 or 46 that becomes repayable, shall be repaid by the veteran to the Director with interest at the rate in effect for the purpose of this subsection at the time of the payment by the Director on such terms, at such times and in such manner as the Director may require.

Marginal note:Transfer of part of property sold

33 Notwithstanding anything in this Act, the Director may transfer or convey to a veteran any part of the property sold to the veteran by a contract made under this Act if, in the opinion of the Director, the value of the remaining property is sufficient to secure the repayment of the amount of the veteran’s outstanding indebtedness to the Director.

Marginal note:Director may decline to purchase or resell

34 The Director may decline to purchase land for or resell land to a veteran who, for the purpose of qualifying for assistance under this Part, has made a voluntary sale or transfer of land or property suitable for his re-establishment under the provisions of section 11.

Marginal note:If immediate relative is occupant and vendor

35 The Director, with the approval of the regional or provincial advisory committee where the land is situated, may decline to sell land to a veteran whose parents or other immediate relative is the occupant and the vendor of the land to the Director and is not incapacitated by reason of age or other disability or if for any other reason the Director, with such approval, considers such transaction not in the public interest.

Marginal note:Form and provisions of documents

36 All agreements of sale and all other documents authorized or required by this Part shall be made in such form and contain such provisions as the Director shall prescribe and every such document has effect as if the form thereof were statutory and were provided by and as part of this Part.

Marginal note:Priority of Director over mechanics’ lien and other liens

• 37 (1) For so long as the sale price, or any part thereof or any interest thereon, or any charge in favour of the Director remains unpaid upon any lands that are sold by the Director to a veteran, the mechanics’ lien laws or other lien laws of any province shall not extend or apply in priority to or in prejudice of any claim or charge of the Director against or upon such lands.

• Marginal note:Rights of spouse, common-law partner and family members enforceable

  (2) Notwithstanding any other provision of this Act, an order made or a judgment rendered by a court of competent jurisdiction in the province in which the land in question is situated to recognize or enforce the rights, interest or estate of the spouse, the common-law partner or a family member of a veteran in land that is the subject of a contract of sale, mortgage or hypothec under this Act applies to and is binding on the land subject to the rights, interest or estate of the Director in the land.

• (3) [Repealed, 2000, c. 12, s. 313]

Marginal note:Provincial laws

• 37.1 (1) The laws of a province relating to the use or state of land or to the erection, use or state of improvements on land apply in respect of any land situated in the province that is vested in the Director and held or occupied by a veteran, except to the extent that such laws are inconsistent with this Act or the regulations.

• Marginal note:Definition of province

  (2) In subsection (1), province includes any city, town or other incorporated municipality.

Marginal note:Rights and obligations of deceased veteran devolve on heirs, etc.

38 When a veteran dies indebted to the Director under an agreement of sale or otherwise with respect to any property, his rights acquired under this Part devolve upon his heirs, devisees or personal representative, pursuant to the law of the province in which at the time of his death the property is situated, but subject to all rights, claims and charges of the Director 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 and default on the part of such heir, devisee or personal representative with respect to any right, claim or charge of the Director has the same effect as would default on the part of the veteran but for his death.

Marginal note:Evidence of mailing of notice or demand

39 Where under Part I or III or any regulation made thereunder, provision is made for sending a notice or demand by mail, an affidavit of an officer or employee of the Director sworn before a commissioner or other person authorized to take affidavits setting out that he has charge of the appropriate records, that he has knowledge of the facts in the particular case, that such notice or demand was sent by registered letter on a named day to the person to whom it was addressed (indicating such address) and that he identifies as exhibits attached to the affidavit the Post Office certification of the registration of the letter and a true copy of the notice or demand, shall be received as evidence of the sending of the notice or demand.

Marginal note:Affidavits, oaths and declarations

40 Affidavits, oaths, statutory declarations or solemn affirmations required to be taken or made for the purposes of this Part, may be taken or made before the judge or clerk of any court, any justice of the peace, commissioner for taking affidavits, notary public, or any person specially authorized by the Minister to take or administer the same.

Marginal note:Persons may be appointed to hold inquiries

41 The Governor in Council may appoint a person or persons to hold inquiries in aid of the execution of any of the purposes of this Part, and every person so appointed has all the powers of a commissioner appointed under Part I of the Inquiries Act.

42 [Repealed, 2000, c. 34, s. 62]

Marginal note:Director may decline purchase

• 43 (1) The Director may decline to purchase land for the purposes of this Part where it appears that the owner acquired the land for speculative purposes subsequent to the 10th day of September 1939.

• Marginal note:Officer, agent or employee of the Director

  (2) No officer, agent or employee of or under the Director shall directly or indirectly, in his own name or in the name of any other person, except by or under the authority of the Director, purchase, acquire or sell any land or other property of such character as the Director is authorized to purchase, acquire or sell under this Part from or to any veteran who is indebted to the Director or whose application for an advance or to purchase any property from the Director 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 this subsection is, in addition to any criminal liability incurred pursuant to this Part, liable to summary dismissal on the order of the Director and the liability to or imposition of such penalty does not affect the right that any person may have to bring against him any civil action.

44 [Repealed, 1980-81-82-83, c. 78, s. 10]

Marginal note:Agreements with provinces

• 45 (1) The Minister may, with the approval of the Governor in Council, enter into an agreement with

  • (a) the government of any province for the settlement of veterans on any provincial lands that the provincial government may recommend as being specially suitable for settlement by veterans, and

  • (b) the Minister of Indian Affairs and Northern Development for the settlement of veterans on any federal lands that the Minister of Indian Affairs and Northern Development may recommend as being specially suitable for the settlement by veterans.

• Marginal note:Terms and conditions

  (2) An agreement entered into pursuant to subsection (1) shall contain such terms, conditions and limitations with reference to settlement of veterans as the Governor in Council may approve.

• Marginal note:Amount of grant

  (3) Subject to the regulations made under this Part the Director may grant an amount not exceeding two thousand three hundred and twenty dollars to a veteran who settles on provincial or federal lands pursuant to an agreement entered into under subsection (1).

• Marginal note:Purposes

  (4) A grant made pursuant to subsection (3) shall be used only for one or more of the following purposes:

  • (a) the purchase of essential building materials and other costs of construction;

  • (b) the clearing and other preparation of land for cultivation;

  • (c) the purchase of essential farm livestock and machinery;

  • (d) the purchase of machinery and equipment essential to forestry;

  • (e) the purchase of commercial fishing equipment;

  • (f) the purchase of trapping or fur farming equipment but not breeding stock;

  • (g) the purchase of essential household equipment; and

  • (h) the purchase of improvements on the land at the time the veteran is approved for a grant under this section.

• Marginal note:Grant not in addition to other grant or sale

  (5) A veteran who has received a grant under this section is not entitled to enter into a contract with the Director under section 11 or 17 and a veteran who has entered into a contract with the Director under section 11, 17 or 26 is not entitled to a grant under this section unless, in either case, all disbursements made under this Act on behalf or in respect of the veteran together with interest thereon at the rate of three and one-half per cent per annum are repaid to the Director.

Marginal note:Grant to Indian veteran

• 46 (1) The Director may grant an amount not exceeding two thousand three hundred and twenty dollars to an Indian veteran who settles on Indian reserve lands, the said grant to be paid to the Minister of Indian Affairs and Northern Development who shall have the control and management thereof on behalf of the Indian veteran.

• Marginal note:Disbursements by Minister

  (2) A grant made pursuant to subsection (1) shall be disbursed by the Minister of Indian Affairs and Northern Development on behalf of the Indian veteran only for one or more of the following purposes:

  • (a) the purchase of essential building materials and other costs of construction;

  • (b) the clearing and other preparation of land for cultivation;

  • (c) the purchase of essential farm livestock and machinery;

  • (d) the purchase of machinery or equipment essential to forestry;

  • (e) the purchase of commercial fishing equipment;

  • (f) the purchase of trapping or fur farming equipment but not breeding stock;

  • (g) the purchase of essential household equipment;

  • (h) the acquisition of occupational rights to lands, vacant or improved, located within the boundaries of any Indian reserve; and

  • (i) the purchase of improvements on the Indian reserve lands at the time the Indian veteran is approved for a grant under this section.

• Marginal note:Grant not in addition to other grant or sale

  (3) An Indian veteran on whose behalf a grant has been made under this section is not entitled to enter into a contract with the Director under section 11 or 17, and an Indian veteran who has entered into a contract with the Director under section 11, 17 or 26 is not eligible for a grant under this section unless, in either case, all disbursements made under this Act on behalf of or in respect of the veteran together with interest thereon at the rate of three and one-half per cent per annum are repaid to the Director.

• Marginal note:Definition of Indian reserve

  (4) In this section, Indian reserve means

  • (a) a reserve, as defined in the Indian Act;

  • (b) Category IA-N land, as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act; or

  • (b.1) Category IA land, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act.