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

Deferment of Taxes — British Columbia

• 33 (1) In this section,

  minister

  minister has the same meaning as in the Provincial Act; (ministre)

  Provincial Act

  Provincial Act means the Real Property Tax Deferment Act of British Columbia. (loi provinciale)

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

  • (a) wishes to enter into an agreement with the minister for the deferment under the Provincial Act of all or part of the real property taxes payable on the land, and

  • (b) gives to the Director and the minister a non-revocable direction and undertaking to enter into an agreement with the minister for the payment of all taxes, the payment of which is deferred under the Provincial Act, together with interest thereon at the rate or rates prescribed by the Provincial Act,

  the Director may grant permission to the veteran or other person to defer payment of all or part of the real property taxes so payable.

• (3) Where, pursuant to subsection (2), the Director grants permission to a veteran or other person to defer payment of any taxes in respect of land, the direction and undertaking given by the veteran or other person pursuant to paragraph (2)(b) shall forthwith become part of the subsisting contract of sale of the land.

• (4) To facilitate the making of an agreement by a veteran or other person with the minister to defer payment of taxes on land referred to in subsection (2), the Director may enter into an undertaking with the minister not to permit any conveyance, assignment or other disposition of the interest of the veteran or other person under the contract of sale of the land unless the veteran or other person has

  • (a) paid all taxes deferred under the agreement that are outstanding together with interest thereon at the rate or rates prescribed by the Provincial Act; or

  • (b) has made satisfactory arrangements for the registration of the agreement as an encumbrance on the land and for the notation on the certificate of title pertaining to the land of an endorsement that the certificate is subject to the agreement.

Residence and Operation

• 34 (1) Where, under section 11, 13 or 23 of the Act, the Director contracts to sell to a veteran a property

  • (a) to be used for farming as the full-time occupation of the veteran, the veteran shall immediately commence personal operation of the land described in the contract in a good husbandmanlike and proper manner and shall continue such personal operation thereof in a similar manner during the 10-year period immediately following the date of the agreement of sale; or

  • (b) to be used by the veteran in his full-time occupation as a commercial fisherman or for farming purposes as a part-time occupation, the veteran shall in either case immediately commence actual residence on the property and shall continue to reside thereon and use the property in a good husbandmanlike and proper manner during the 10-year period immediately following the date of the agreement of sale.

• (2) The Director may, on written application by a veteran described in subsection (1), grant permission for discontinuance by the veteran of his actual residence on or personal operation of property that the Director has contracted to sell to him for

  • (a) a specified period or periods of time not exceeding, in respect of all applications made by that veteran, two years in the aggregate during the 10-year period immediately following the effective date of the relative agreement of sale; and

  • (b) an indefinite period of time subsequent to the 10-year period immediately following the effective date of the relative agreement of sale.

• (3) Notwithstanding subsection (2), the Director and the veteran may enter into an agreement in writing supplementary to the agreement for sale providing that

  • (a) the veteran will resume immediate residence on or personal operation of the land should the reason for which relief from residence on or operation of the land is granted cease to exist or following the date on which the approved period of such relief expires, whichever is the earlier, and continue his residence on or personal operation of the land for a period that, together with the period already spent in actual residence or personal operation and any period of non-residence or non-operation previously approved, will aggregate 10 years; and

  • (b) failure to comply with the terms of the supplementary agreement will constitute a breach of the term of the agreement for sale requiring continuous residence.

• (4) Where,

  • (a) temporary discontinuance of actual residence or personal operation has been approved pursuant to paragraph (2)(a) for an aggregate period of two years during the first 10-year period immediately following the date of agreement for sale, and

  • (b) in the opinion of a licensed medical practitioner employed by the Department of Veterans Affairs on a full-time, part-time or half-day fee basis acting under the authority of the Director General, Treatment Services of the Department, the veteran is unable, because of ill-health, to resume or continue actual residence or personal operation,

  any additional period may be deemed to be actual residence or personal operation by the veteran.

• (5) A report by the medical practitioner in respect of the veteran described in subsection (4) shall be submitted to the Director every 12 months or more frequently if the medical practitioner considers it appropriate.

• (6) For the purpose of subsection (4), any period during which there has been no resumption of actual residence or personal operation after the medical practitioner has reported that the veteran is able to resume the residence or operation shall not be deemed to be actual residence or personal operation.

• (7) For the purposes of this section, personal operation or personal residence by the spouse of a veteran is deemed to be personal operation or personal residence by that veteran.

• 35 (1) Where the Director intends to refer the question of rescission to a Provincial Advisory Board pursuant to section 21 of the Act, he shall give to the veteran not less than 15 clear days notice of that intention.

• (2) The notice referred to in subsection (1) shall

  • (a) be in writing over the signature of the Director or an officer authorized to act for him;

  • (b) state the time and place of the hearing;

  • (c) specify the defaults upon which the Director relies;

  • (d) be served by being mailed by registered mail addressed to the veteran at the address stated in the agreement for sale or at his last address known to the Director;

  • (e) where the veteran is deceased, be served by being

    • (i) mailed by registered mail, addressed to any person upon whom the rights of the veteran devolve pursuant to section 38 of the Act, at his last address known to the Director,

    • (ii) in any case where the address of such person is unknown to the Director, mailed by registered mail addressed generally to the heirs, devisees or personal representative, without describing them by name, at the last address of the deceased known to the Director, or

    • (iii) in the discretion of the Director, published by a single insertion in one of the newspapers circulating in the district in which the land is situated, 15 clear days before the date appointed for consideration of the case by the Provincial Advisory Board; and

  • (f) where the veteran is certified to be mentally incompetent, be served by being mailed by registered mail addressed to the provincial officer having charge of the administration of the estates of the mentally incompetent or the legal representative or committee of the veteran.

• (3) Where the veteran or a representative of the veteran fails to appear to make representations, the Provincial Advisory Board shall hear the application of the Director ex parte.

• (4) The consent to the rescission of an agreement for sale, or the remedial conditions to be fulfilled by the veteran in default of compliance with which rescission of the agreement may ensue, shall be given to the Director by the Provincial Advisory Board in writing and the decision of the majority of its members shall be binding on the Board.

• 36 (1) Where the Provincial Advisory Board consents to the rescission of any agreement for sale, or where the veteran has not fulfilled the remedial conditions ordered by the Board, and the Director intends to rescind the agreement, the Director shall give to the veteran not less than 30 clear days notice of that intention before acting thereon.

• (2) A notice referred to in subsection (1) shall

  • (a) be in writing over the signature of the Director or an officer authorized to act for him;

  • (b) specify the defaults upon which the Director relies; and

  • (c) be served by the appropriate method prescribed for a notice referred to in subsection 35(1).

• (3) Where the Director, after the expiration of 30 clear days from the date he gave notice to a veteran of his intention to rescind an agreement for sale, determines to rescind the agreement, he shall do so by mailing a statement of rescission by registered mail to the veteran.

• (4) A statement of rescission shall

  • (a) be in writing over the signature of the Director or an officer authorized to act for him; and

  • (b) be served by the appropriate method prescribed for a notice referred to in subsection 35(1).

• (5) An agreement for sale is deemed to be rescinded pursuant to subsection (3) on the date the statement of rescission respecting it is mailed.

Interest

• 37 (1) The interest rate in effect for the purpose of subsection 17(2) of the Act is the rate in effect for the purpose of subsection 76(1) of the Act on the date of approval by the Director of the application for assistance pursuant to which the mortgage or hypothec was entered into under subsection 17(1) of the Act.

• (2) The interest rate in effect for the purposes of section 18, subsection 19(2) and subsection 20(2) of the Act is the highest rate specified in the charge, mortgage, hypothec or agreement of sale, as the case may be, or the rate in effect for the purpose of subsection 76(1) of the Act on the date of approval by the Director of the application for assistance pursuant to which the charge, mortgage, hypothec or agreement of sale, as the case may be, is made, whichever is the higher.

• (3) The interest rate to be charged in respect of an agreement of sale entered into pursuant to section 23 of the Act is the rate in effect for the purpose of subsection 76(1) of the Act on the date of approval of the sale by the Director or the Minister, as the case may be, except that where a sale is made under section 23 of the Act and the rate and terms under section 11 of the Act apply to any portion of the sale price, this subsection does not apply to such portion of the sale price.

• (4) The interest rate in effect for the purposes of paragraph 24(2)(f) of the Act is the highest rate specified in the contract or the rate in effect for the purpose of subsection 76(1) of the Act on the date the contract was rescinded or otherwise terminated, whichever is the higher.

• (5) The interest rate in effect in respect of a contract entered into by the Director with a veteran pursuant to section 27 of the Act is the rate in effect for the purpose of subsection 76(1) of the Act on the date of approval by the Director of the application for the contract, except that where any portion of the debt outstanding is repayable under the subsisting contract at a rate of interest that is higher than the rate in effect for the purpose of subsection 76(1) of the Act, such higher rate shall apply to that portion of the debt under the contract entered into pursuant to section 27 of the Act.

• (6) The interest rate in effect in respect of any sum that becomes repayable to the Director pursuant to subsection 32(3) of the Act is the rate in effect for the purpose of subsection 76(1) of the Act on the date of approval by the Director of the application for the sale, grant or loan as a condition of which any payment or repayment was made by the Director under subsection 32(2) of the Act.

• (7) The interest rate in effect for the purpose of subsection 76(1) of the Act is the interest rate prescribed in subsection 3(1) of the Farm Credit Act Interest Rates Regulations.

Delegation of Signing Authority

38 Any documents that require execution by the Director in his corporate capacity may be signed by an officer authorized by the Director to sign for him and the Director’s seal shall be affixed thereto and the signature duly witnessed.

Indian Veterans

• 39 (1) Notwithstanding anything in these Regulations, an Indian veteran who wishes to be certified to be qualified to participate in the benefits of the Act shall submit to any officer of the Department of Indian Affairs and Northern Development designated by the Minister of Indian Affairs and Northern Development an application in writing in such form and containing such information as the Director may from time to time determine.

• (2) An Indian veteran shall submit reasonable evidence that he is personally fit and able to carry on the occupation by which he proposes to gain his livelihood and that by reason of his character, habits, knowledge and experience, he is capable of carrying on that occupation successfully.

• (3) Upon receipt of an application made by an Indian veteran under subsection (1), the Minister of Indian Affairs and Northern Development shall consider whether the veteran is qualified to engage in the occupation he proposes to follow and whether the land is suitable for the proposed use or occupation and, if satisfied in respect thereof, shall furnish to the Director in the form prescribed by the Director

  • (a) a certificate respecting the military service eligibility of the Indian applicant;

  • (b) a certificate that the Indian applicant is qualified to engage in the occupation that he proposes to follow;

  • (c) a certificate that the land to be used or occupied by the Indian veteran is suitable for such use or occupation; and

  • (d) a recommendation as to the amount of the grant that should be approved and the several purposes for which the grant should be expended.

• (4) A grant to an Indian veteran shall not exceed

  • (a) for the purchase of household equipment, $250; and

  • (b) for the purchase of equipment for trapping or fur farming, $850.