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

47 [Repealed, 2000, c. 34, s. 63]

Regulations

Marginal note:Regulations

• 48 (1) The Governor in Council may, subject to this Part, make regulations prescribing

  • (a) qualifications necessary in order to entitle veterans to the benefits or assistance or to any particular benefit or assistance under this Part;

  • (b) the manner in which applications for purchase and sale may be made;

  • (c) the manner in and the dates at which amortized or other payments shall commence, be repaid, be consolidated or be changed;

  • (d) the manner in and conditions upon which veterans may transfer their rights;

  • (e) the conditions subject to which land may be acquired for the purposes of this Part;

  • (f) the manner in which lands acquired by the Director may be sold to veterans and others and the conditions as to occupation or otherwise upon which such lands may be sold;

  • (g) the rate of interest to be paid on a contract entered into under section 27;

  • (h) forms of agreements, notices and other documents necessary to the effective operation of this Part;

  • (i) the circumstances and procedure under which and whereby the Director may take over or repossess property in case of default made by veterans in the observance of this Part or of any other covenant or agreement made by veterans with the Director;

  • (j) authority and procedure for the inclusion within the expression “veteran” of persons, who being otherwise qualified to be veterans are not yet discharged from military or other service; and

  • (k) with respect to any other matter concerning which the Minister deems regulations necessary for the execution of the purposes of this Part.

• (2) [Repealed, 2000, c. 34, s. 64]

Miscellaneous

Marginal note:Authorization by Director

• 48.1 (1) The Director may authorize in writing any person, either by name or by title of office, and either generally or subject to conditions set out in the authorization, to exercise or perform any of the Director’s powers or duties.

• Marginal note:Judicial notice of authorization

  (2) Judicial notice shall be taken of a written authorization given under subsection (1) without proof of the signature or official character of the person appearing to have signed it, unless it has been called into question by the Director or by a person acting for the Director or for Her Majesty.

Marginal note:Financial statement to be tabled

49 At the end of each fiscal year a detailed account of the financial commitments entered into and the expenditures made under the authority of this Part shall be laid before Parliament within fifteen days after the commencement of the next ensuing session.

Marginal note:Veteran a Member of Parliament

50 Notwithstanding the Senate and House of Commons Act or any other law, no veteran by reason only of his entering into a contract or receiving a benefit under this Part, is liable for any forfeiture or penalty imposed by the Senate and House of Commons Act or disqualified as a member of the House of Commons or incapable of being elected to, or of sitting or voting in the House of Commons.

Marginal note:Newfoundland veterans

51 For the purposes of this Part, the expression naval, army or air force of Canada includes any of the naval or army forces of Newfoundland, and domicile or residence in Newfoundland shall be deemed to be domicile or residence in Canada, but any benefits that would otherwise be available to a member of the forces of Newfoundland under section 11 or section 45 shall be reduced by the amount of similar benefits that he may have received from a government other than that of Canada.

PART II[Repealed, 1980-81-82-83, c. 78, s. 11]

PART IIIFarm Improvement Assistance

Interpretation

Marginal note:Definitions

70 In this Part

cost to the Director

cost to the Director means the cost to the Director of the land and improvements thereon, building materials, livestock and farm equipment sold to a veteran under a Part I contract; (coût, pour le Directeur,)

Part I contract

Part I contract means a contract entered into under section 11 or 26 or an agreement relating to an advance made under section 17; (contrat selon la Partie I)

prescribed

prescribed means prescribed by regulation of the Governor in Council; (prescrit)

security value

security value means, with respect to farm land, the agricultural value thereof, and with respect to basic herd livestock or farm equipment, the resale value thereof. (valeur de garantie)

Loans to Full-Time Farmers

Marginal note:Assistance loans to full-time farmers

• 71 (1) Subject to this Part, where a veteran certified by the Director to be a full-time farmer

  • (a) has requested that contemporaneously with the making of a Part I contract there be advanced by way of a loan to him supplementary financial assistance under or in respect of that contract, or

  • (b) has a subsisting Part I contract with the Director and has requested additional financial assistance,

  the Director may, upon the veteran’s complying with such terms and conditions as the Governor in Council may prescribe, advance by way of a loan to that veteran for one or more of the purposes specified in subsection (2) amounts that, together with the balance then outstanding on any loan previously made under this Part to that veteran and the amount of any cost to the Director outstanding on any contract made under Part I with that veteran do not exceed the lesser of

  • (c) forty thousand dollars, and

  • (d) three-quarters of the security value as determined by the Director of the land, basic herd livestock and farm equipment held by the Director as security for the repayment of amounts owing by that veteran under this Act or to be acquired or taken by the Director as additional security for the repayment of amounts advanced to that veteran under this section.

• Marginal note:Purposes for which loan may be made

  (2) The Director may, subject to subsection (3), make an advance by way of a loan to a veteran for one or more of the following purposes:

  • (a) the purchase of farm land to form part of or to be used in connection with the land to which a Part I contract relates;

  • (b) the erection or improvement of buildings or the providing of additions thereto on the lands mentioned in paragraph (a);

  • (c) the clearing, breaking, draining, fencing or irrigating of the lands mentioned in paragraph (a) or the effecting of other improvements of a permanent nature that, in the opinion of the Director, will tend to increase the productive value or promote the conservation of the soil thereof;

  • (d) the purchase of cattle, sheep or swine to be used as basic herd livestock;

  • (e) the purchase of farm equipment necessary for the economic operation of the veteran’s farm;

  • (f) the payment of debts that, in the opinion of the Director, were reasonably incurred by the veteran; or

  • (g) the development on land to which a contract under this Act relates, on such terms and conditions as the Governor in Council may prescribe, of a secondary enterprise not being a farming enterprise.

• Marginal note:Loans only for establishment of economic farm unit

  (3) No advance shall be made under this section for any of the purposes specified in paragraphs (2)(a) to (e) by the Director unless the financial assistance requested by the veteran is, in the opinion of the Director, necessary for the development and proper operation by that veteran of an economic farm unit.

Marginal note:Assistance loans to other full-time farmers

72 Subject to this Part, where a veteran certified by the Director to be a full-time farmer

• (a) has requested that contemporaneously with the making of a Part I contract there be advanced by way of a loan to him supplementary financial assistance under or in respect of that contract, or

• (b) has a subsisting Part I contract with the Director and has requested additional financial assistance,

the Director may advance by way of a loan to that veteran for one or more of the purposes set out in paragraphs 71(2)(a) to (g), an amount that, together with the balance then outstanding on any loan previously made under this Part to that veteran and the amount of any cost to the Director outstanding on any contract made under Part I with that veteran does not exceed the lesser of

• (c) eighteen thousand dollars, and

• (d) seventy-five per cent of the market value as determined by the Director, or on such terms and conditions as the Governor in Council may prescribe, ninety per cent of the market value as determined by the Director, of the land held by the Director as security for the repayment of the amounts owing by that veteran under this Act or to be acquired or taken by the Director as additional security for the repayment of amounts advanced to that veteran under this section.

Loans to Part-Time Farmers

Marginal note:Assistance loans to part-time farmers and commercial fishermen

• 73 (1) Subject to this Part, where a veteran certified by the Director to be a part-time farmer or a commercial fisherman

  • (a) has requested that contemporaneously with the making of a Part I contract there be advanced by way of a loan to him supplementary financial assistance under or in respect of that contract, or

  • (b) has a subsisting Part I contract with the Director and has requested additional financial assistance,

  the Director may, upon payment to him by that veteran of an amount equal to twenty per cent of the assistance so requested for use by the Director for the purpose for which the loan is to be made, advance, by way of a loan to that veteran for one or more of the purposes specified in paragraphs 71(2)(a) to (c), and for payment of debts that, in the opinion of the Director, were reasonably incurred by the veteran for any of the purposes specified in those paragraphs, amounts not exceeding in the aggregate ten thousand dollars less the aggregate of all amounts advanced by way of any previous loan to that veteran under this Part.

• Marginal note:Amounts deemed paid to Director

  (2) For the purposes of subsection (1), there shall be deemed to have been paid to the Director by a veteran who, at the time of any advance made by the Director under this section to the veteran, had any equitable or other interest in the land to which a Part I contract relates, the amount or value of that interest, as determined by the Director.

Form of Agreement

Marginal note:Form and content of agreement

74 Every loan made under this Part shall be evidenced by an agreement entered into between the veteran and the Director, which agreement shall be in such form as the Governor in Council prescribes and shall be supplementary to and form part of the Part I contract entered into between the Director and that veteran, and shall contain

• (a) a description of the land to which the Part I contract relates and any additional land purchased or to be purchased with the proceeds of the loan,

• (b) a statement setting forth the amount of the loan, the interest payable in respect thereof, and the terms of repayment thereof, and

• (c) such additional terms and conditions as the Governor in Council deems necessary or advisable for the purpose of protecting the rights of the Director and of the veteran under this Part or Part I.

Terms of Loan

Marginal note:Amount to be paid by veteran

75 Notwithstanding sections 71, 72 and 73, no amount may be advanced by the Director by way of loan to any veteran unless the veteran, at the time of the making of the loan, pays to the Director in cash for use by the Director for the purpose for which the loan is to be made, an amount by which the total amount that may be required for that purpose, as estimated by the Director, exceeds the amount to be advanced by the Director by way of a loan to him.

Marginal note:Interest rates

• 76 (1) The interest payable on any loan made by the Director under this Part shall be at the rate or rates in effect for the purpose of this subsection at the time of approval by the Director of the veteran’s application for assistance in respect of the loan.

• Marginal note:Repayment period

  (2) Subject to section 77, loans made by the Director under this Part shall be repayable in equal instalments of principal and interest over a period not exceeding thirty years.

• Marginal note:Variation of terms

  (3) The Director may,

  • (a) where a loan made under this Part is repayable over a period of less than thirty years, extend the period of time over which the loan may be repaid for a period that, together with the original repayment period and any other extensions thereof, does not exceed thirty years; and

  • (b) at any time and from time to time during the repayment period of a loan made under this Part, vary the terms of repayment 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:Consolidation of loans under section 71 or 72

77 Notwithstanding the maximum repayment period specified in section 76, where the Director enters into more than one agreement with a veteran under section 71 or 72, those agreements may be consolidated into one agreement and for the purposes of such consolidation a uniform repayment period may be provided for all loans under section 71 or 72, which period shall not exceed thirty years from the date of the last such loan.

Marginal note:Other terms

78 It shall be a term of every agreement of loan entered into under this Part that, in the event of the sale, lease or other disposition by the veteran of the land upon which the Director has, by virtue of section 81, a first and paramount lien, any portion of the loan then outstanding shall, at the option of the Director, forthwith become due and payable.

Security

Marginal note:Director to take security

79 Subject to this Act, the Director shall, as security for a loan made under this Part to a veteran certified to be a full-time farmer, hold farm land, basic herd livestock or farm equipment sufficient, in the opinion of the Director, to secure the repayment of the amount of the veteran’s outstanding indebtedness under that loan.

Marginal note:Amount of Director’s security to be in land, etc.

80 The Director shall ensure at all times that not less than sixty per cent of the security held by him to secure repayment of a loan made under this Part and the outstanding cost to the Director owing under a Part I contract by a veteran certified to be a full-time farmer is in farm land and the balance, if any, in basic herd livestock and farm equipment not in excess of such amounts as the Governor in Council may prescribe.