Veterans’ Land Regulations (C.R.C., c. 1594)

17 An application made under Part I or III of the Act that involves acquisition of land by the Director may, after inspection and appraisal by an officer of the Director of the land to which the application for assistance relates, be referred to the Regional Advisory Committee for consideration.

• 18 (1) After determining whether the assistance applied for is intended for the purposes authorized by the Act, and taking into account the inspection and appraisal report and the suitability of the land for the settlement of the veteran, an authorized officer or Regional Advisory Committee shall make a recommendation to the regional director as to whether, in the opinion of the authorized officer or the Committee, the application should be approved or rejected, together with such other recommendations as the authorized officer or the Committee may see fit to make.

• (2) A recommendation referred to in subsection (1) shall be sent to the regional director together with the application form, the report of inspection and appraisal and all other relevant documents.

Approval of Application

• 19 (1) The approval of purchase or sale of property and the approval of construction authorized by the Act shall

  • (a) be given in writing, in the form prescribed by the Director, over the signature of the regional director; and

  • (b) specify the amounts approved, the purposes for which the amounts are approved and the terms of repayment.

• (2) In no event shall the total loan and advances approved on the veteran’s behalf exceed the veteran’s capacity to repay as estimated by the Director.

Establishment of Land Value

• 20 (1) In establishing the value of land for the purposes of section 17 of the Act, the Director may take into account the value that permanent improvements to be effected under that section may add to the value of the land.

• (2) In establishing the market value of land, the Director may take into account the value that permanent improvements effected by the Director may add to the value of the land.

Standard Dates

21 The standard dates for payments are

• (a) November 1st in each year in the case of annual instalments;

• (b) May 1st and November 1st in each year in the case of semi-annual instalments; and

• (c) the 1st or the 15th of each month as may be determined by the Director, in the case of monthly instalments.

Execution of Documents

22 No assistance shall be provided under the Act except under the supervision of the Director or an officer authorized to act for him and unless the veteran has executed such documents as may be required by the Act or by the Director.

Minimum Area

• 23 (1) Subject to subsection (2), financial assistance for the establishment of a veteran under section 11 of the Act may be approved only in respect of land that is at least 1/2 acre in area and that, in the opinion of the Director, is suitable for part-time farming purposes.

• (2) The Director, in his discretion, may waive the requirements of subsection (1) in respect of

  • (a) a qualified applicant who is in receipt of a disability pension of 50 per cent or more or who, in the opinion of a medical officer of the Canadian Pension Commission, has a permanent impairment of his health that may reasonably be equated with a pensionable disability of 50 per cent or more;

  • (b) a commercial fishing establishment;

  • (c) a lot of less than 1/2 acre in area forming part of lands subdivided by the Director for the establishment of veterans under Part I of the Act; and

  • (d) a lot that could be approved under subsection (1) except that it is smaller than 1/2 acre by not more than 20 per cent.

Cancellation of Approval

24 The Director may at any time review an approval for assistance and may cancel that approval for assistance at any time before the whole of the assistance has been disbursed if,

• (a) in his opinion,

  • (i) the circumstances have altered to such an extent that, had those altered circumstances existed at the time approval for assistance was given to the veteran, that approval would not have been given, or

  • (ii) circumstances that existed at the time approval for assistance was given to the veteran are such that, had they been known to the Director at that time, that approval would not have been given; or

• (b) the veteran informs the Director that he no longer wishes to receive such assistance.

25 Where, subsequent to the date of approval by the Director of an application for assistance by a veteran and before the contract related thereto is entered into, there is a decline in the interest rate in effect for the purpose of subsection 76(1) of the Act, the Director may cancel that approval and may approve the application at any lesser rate of interest in effect at any time between the original date of approval and the date the contract is entered into.

Livestock, Farm Equipment or other Chattels

26 The Director shall not sell to a veteran or make advances to a veteran for livestock, farm equipment or other chattels for which there is not a reasonable need.

• 27 (1) The Director shall not approve the disbursement of more public funds than $100 per tillable acre for the purchase of livestock or farm equipment for a veteran certified as qualified to participate in part-time farming.

• (2) Where deletions have been allowed in a contract for the construction of a house for a veteran described in subsection (1), the Director shall not approve the disbursement of any public funds for the purchase of livestock or farm equipment for the veteran.

Tree and Bush Fruits

28 Assistance or advances for tree and bush fruit nursery stock, and seed and roots of hardy perennials to be planted for commercial purposes, shall be expended as permanent improvements assistance or advances.

Motor Vehicles and Electrical Equipment

29 No advances shall be made and no contract shall be entered into for the purchase or sale of motor vehicles, bicycles, washing machines or sewing machines or component parts of any of them except as may be required for the purposes of paragraph 71(2)(g) of the Act.

Commercial Fishing Equipment

30 A contract for the sale of commercial fishing equipment may include seaworthy boats of such size and construction as may be approved by the Director, fishing nets, floats, weights, anchors, internal combustion motors, sails, blocks and tackle, necessary cable and cordage, navigating equipment and galley stoves.

Joint Enterprise

31 Commercial fishing equipment for use in one commercial fishing enterprise may not be sold on a joint basis to more than two veterans.

Buildings

• 32 (1) A veteran shall not, except with the consent of the Director, erect additional buildings or make alterations to existing buildings on any land that the veteran has contracted to purchase from the Director.

• (2) Where a veteran or other person who has a subsisting contract of sale of land made pursuant to Part I or III of the Act

  • (a) wishes to obtain a guaranteed home improvement loan under Part V of the National Housing Act for the purpose of financing repairs, alterations and additions to his home on the land to which the contract relates in such an amount and subject to such repayment terms as would require an owner, under ordinary circumstances, to give to the approved lender a mortgage or assignment of his interest in the land, or

  • (b) wishes to obtain a loan under Part VI of the National Housing Act for the purpose of assisting in the repair, rehabilitation and improvement of his home on the land to which the contract relates in such an amount and subject to such repayment terms as would require an owner, under ordinary circumstances, to give to Canada Mortgage and Housing Corporation a mortgage or assignment of his interest in the land,

  and gives to the Director a non-revocable direction and undertaking to give a mortgage, charge or hypothec in favour of the approved lender or Canada Mortgage and Housing Corporation, as the case may be, if requested by the lender or corporation when title is transferred from the Director to the veteran or other person, the Director may grant permission to obtain the loan.

• (3) When the Director grants permission to a veteran under subsection (2) to obtain a loan, the direction and undertaking of the veteran forthwith becomes a part of the subsisting contract of sale.

• (4) Where a veteran or other person who has a subsisting contract of sale with the Director under section 11, 13, 23, 26 or 27 of the Act

  • (a) wishes to obtain, in respect of the land to which that contract applies, a loan or grant under the Provincial Home Acquisition Act of the Province of British Columbia, being chapter 39 of the Statutes of British Columbia 1967, as amended, of such amount and on such repayment terms that an owner would be required, in the case of a loan, to give to the Province a second mortgage of that land and, in the case of a grant, to allow the Province to file against that land a certificate of grant,

  • (b) gives to the Director a non-revocable direction and undertaking that

    • (i) in the case of a loan, he will give to the Province a mortgage of the land to which that contract applies, if required by the Province, when title to the land is transferred from the Director to the veteran or other person, or will repay to the Province the amount of the loan prior to the transfer to title by the Director to the veteran or other person, or

    • (ii) in the case of a grant, he will allow the Province to file against the land a certificate of grant when title to the land is transferred from the Director to the veteran or other person or to repay to the Province the amount of grant prior to the transfer of title from the Director to the veteran or other person, and

  • (c) agrees in writing that the direction and undertaking given pursuant to paragraph (b) is a condition of the subsisting contract of sale,

  the Director may grant permission to obtain the loan or grant.

• (5) To facilitate the making of a loan or grant to a veteran or other person by the Province of British Columbia under the Provincial Home Acquisition Act referred to in subsection (4), the Director may enter into an undertaking with the Province not to permit any conveyance, assignment or other disposition, except by way of rescission, of the interest of the veteran or other person under a subsisting contract described in subsection (4) unless the veteran or other person

  • (a) pays to the Province his outstanding indebtedness to the Province under any loan or grant made under that Act; or

  • (b) makes arrangements satisfactory to the Province, for the registration by the Province in the Land Registry Office for the district in which the lands are situated, of a mortgage or certificate of grant against the title of the veteran or other person to secure the amount of the indebtedness of the veteran or other person to the Province.

• (6) Where a veteran or other person complies with paragraphs (4)(b) and (c) and the Director grants permission pursuant to that subsection, the direction and undertaking of the veteran or other person forthwith becomes a part of the subsisting contract of sale.

• (7) For the purposes of subsections (4) to (6), “veteran or other person” includes any person to whom a subsisting contract of sale described in subsection (4) has been assigned with the approval of the Director.

• (8) Where, in respect of any land,

  • (a) a veteran has made application to the Director for financial assistance under Part I or III of the Act the repayment of which is to be secured by a contract of sale to be entered into pursuant to the Act, or a veteran or other person has a subsisting contract of sale under Part I or III of the Act,

  • (b) the veteran or other person wishes to obtain a loan or advance under the Housing Corporation Act of Prince Edward Island in such amount and subject to such repayment terms as would require the veteran or other person to give to the Prince Edward Island Housing Corporation a mortgage on the land, and

  • (c) the veteran or other person gives the Director and the Prince Edward Island Housing Corporation a non-revocable direction and an undertaking

    • (i) to give the Corporation, if required by it, when title to the land is transferred from the Director to the veteran or other person pursuant to the contract of sale referred to in paragraph (a), a mortgage on the land in favour of the Corporation, or to repay to the Corporation the amount of the loan or advance before the title to the land is so transferred, and

    • (ii) not to sell, assign or otherwise dispose of the land without the consent of the Director and the Corporation,

  the Director may grant permission to the veteran or other person to obtain the loan or advance.

• (9) Where the Director grants permission to a veteran or other person under subsection (8) to obtain a loan or advance in respect of any land, the direction and undertaking of the veteran or other person given pursuant to that subsection forthwith becomes part of

  • (a) the application for financial assistance and the contract of sale to be entered into, or

  • (b) the subsisting contract of sale,

  referred to therein, as the case may be.

• (10) To facilitate the making of a loan or advance in respect of any land to a veteran or other person by the Prince Edward Island Housing Corporation, pursuant to subsection (8), the Director may enter into an undertaking with the Corporation not to permit any conveyance, assignment or other disposition, except by way of rescission or cancellation, of the interest of the veteran or other person in the land under any contract entered into between the Director and the veteran pursuant to the Act or any subsisting contract referred to in subsection (8), unless the veteran or other person

  • (a) pays to the Corporation his outstanding indebtedness to the Corporation; or

  • (b) makes arrangements satisfactory to the Corporation for the registration by the Corporation, in the Land Registry Office for the district in which the land is situated of a mortgage against the title of the veteran or other person to the land to secure the amount of his indebtedness to the Corporation.

• (11) Where, in respect of any land,

  • (a) a veteran has made application to the Director for financial assistance under Part I or III of the Act the repayment of which is to be secured by a contract of sale to be entered into pursuant to the Act, or a veteran or other person has a subsisting contract of sale under Part I or III of the Act,

  • (b) the veteran or other person wishes to obtain a loan under the New Brunswick Housing Act in such amount and subject to such repayment terms as would require the veteran or other person to give to the New Brunswick Housing Corporation a mortgage, hypothec, lien or charge on the land, and

  • (c) the veteran or other person gives to the Director and the New Brunswick Housing Corporation a non-revocable direction and an undertaking

    • (i) to give to the Corporation, if required by it, when title to the land is transferred from the Director to the veteran or other person pursuant to the contract of sale referred to in paragraph (a), a mortgage, hypothec, lien or charge in favour of the Corporation, or to repay to the Corporation the amount of the loan before the title to the land is so transferred, and

    • (ii) not to sell, assign or otherwise dispose of the land without the consent of the Director and the Corporation,

  the Director may grant permission to the veteran or other person to obtain the loan.

• (12) Where the Director grants permission to a veteran or other person under subsection (11) to obtain a loan in respect of any land, the direction and undertaking of the veteran or other person given pursuant to that subsection forthwith becomes part of

  • (a) the application for financial assistance and the contract of sale to be entered into, or

  • (b) the subsisting contract of sale,

  referred to therein, as the case may be.

• (13) To facilitate the making of a loan in respect of any land to a veteran or other person by the New Brunswick Housing Corporation, pursuant to subsection (11), the Director may enter into an undertaking with the Corporation not to permit any conveyance, assignment or other disposition, except by way of rescission or cancellation, of the interest of the veteran or other person in the land under any contract entered into between the Director and the veteran pursuant to the Act or any subsisting contract referred to in subsection (11), unless the veteran or other person

  • (a) pays to the Corporation his outstanding indebtedness to the Corporation; or

  • (b) makes arrangements satisfactory to the Corporation for the registration by the Corporation, in the Land Registry Office for the district in which the land is situated, of a mortgage, hypothec, lien or charge against the title of the veteran or other person to the land to secure the amount of his indebtedness to the Corporation.

• (14) Where a veteran or other person who has a subsisting contract of sale under Part I or III of the Act,

  • (a) wishes to obtain, in respect of the land to which that contract relates, a loan or grant under the Housing Development Act of Nova Scotia, of such amount and on such repayment terms that an owner would be required, under ordinary circumstances, to give to the Nova Scotia Housing Commission a mortgage on that land, and

  • (b) gives to the Director and the Nova Scotia Housing Commission a non-revocable direction and undertaking

    • (i) to give to the Commission a mortgage in favour of it, if required by the Commission when title to the land is transferred from the Director to the veteran or other person pursuant to the contract of sale or to repay to the Commission the amount of the loan or grant before the title to the land is so transferred, and

    • (ii) not to sell, assign or otherwise dispose of the land without the consent of the Director and the Commission,

  the Director may grant permission to the veteran or other person to obtain the loan or grant.

• (15) Where the Director grants permission to a veteran or other person under subsection (14) to obtain a loan or grant in respect of any land, the direction and undertaking of the veteran or other person given pursuant to that subsection forthwith becomes part of the subsisting contract of sale.

• (16) To facilitate the granting of permission to obtain a loan or grant in respect of any land to a veteran or other person by the Nova Scotia Housing Commission pursuant to subsection (14), the Director may enter into an undertaking with the Commission not to permit any conveyance, assignment or other disposition, except by way of rescission, of the interest of the veteran or other person in the land, unless the veteran or other person

  • (a) pays to the Commission his outstanding indebtedness to the Commission; or

  • (b) makes arrangements satisfactory to the Commission for the registration by the Commission, in the land registry office for the district in which the land is situated, of a mortgage, against the title of the veteran or other person to the land to secure the amount of his indebtedness to the Commission.