51. All conveyances from the Board shall constitute new titles to the land conveyed and shall have the same and as full effect as grants from the Crown for previously ungranted Crown lands.

2. All land and other property which, before the seventh day of July, one thousand nine hundred and nineteen, was, under authority of any order in council, purchased by the Board and title thereto taken to His Majesty the King in the right of Canada represented by the Board, and all or any interest or interests of His Majesty in any agreements of sale, mortgages or other instruments and in the land or other property to which such instruments relate, which interest or interests were, before the said date, acquired by His Majesty through the instrumentality of the Board under the former Act or of any order in council, are, by force of this Act, vested in the Board as constituted under this Act.

1919, c. 71, s. 51.

52. No consent of the Board which is required by any provision of this Act for the validation of any matter shall be effective unless given in writing and under the hand of one of the Commissioners of the Board.

1919, c. 71, s. 52.

53. In the event of its being shown to the satisfaction of the Board that a settler has established his right to benefit under this or the former Act through misrepresentation, impersonation, or other fraud, the Board may declare the right of such settler to benefit under this or under the former Act to have been forfeited, and thereupon all loans or advances made to such settler shall, unless the Board otherwise determines, immediately become due and payable, and any sale of land made to him under the provisions of this Act shall be liable to be rescinded, at the discretion of the Board.

1919, c. 71, s. 53.

54. All affidavits, oaths, statutory declarations or solemn affirmations required to be taken or made for the purposes of this Act, may, except as otherwise provided, be taken or made before the judge or clerk of any court, any justice of the peace, any commissioner for taking affidavits, any notary public, any person authorized to take affidavits under the provisions of the Dominion Lands Act, any District Superintendent of the Board, or any person specially authorized by the Governor in Council to take or administer the same.

1919, c. 71, s. 54.

55. The Board shall have the power to appoint persons to hold inquiries in aid of the execution of any of the purposes of this Act, and every person so appointed shall have, for the purposes of his appointment, all the powers of a commissioner under the Inquiries Act.

2. Every Commissioner of the Board shall have, ex officio in aid of the execution of the same purposes, like powers.

1919, c. 71, s. 55.

56. Any Commissioner of the Board, or any officer or employee of the Board authorized, specifically or generally, in writing, by a Commissioner of the Board, may enter any land to whomsoever belonging for the purpose of making inspection thereof and determining whether or not such land is subject to compulsory purchase under the provisions of this Act; or, in the event of any land being deemed subject to compulsory purchase, for the purpose of valuing the same or serving any notice on the owner or occupant thereof or for any other of the purposes of this Act, or to view the condition of, or to take over or repossess, in case of default made, any property in or over which the Board has any interest or charge.

2. [Repealed, 2000, c. 34, s. 48]

R.S., 1927, c. 188, s. 56; 2000, c. 34, s. 48.

57. From all sales and grants of land made by the Board, all mines and minerals shall be and shall be deemed to have been reserved, whether or not the instrument of sale or grant so specifies, and as respects any contract or agreement made by it with respect to land it shall not be deemed to have thereby impliedly covenanted or agreed to grant, sell or convey any mines or minerals whatever.

1919, c. 71, s. 57.

58. If a judge of the Court shall so request, the Governor in Council may, as and when requested, appoint one or more persons, qualified for appointment as judges of the Court, to be judges ad hoc of such Court for the purpose of assisting in the performance of the duties which are imposed upon such Court by this Act.

2. Such persons, so appointed, shall, for all purposes, including payment of salary, be deemed judges of the Court, but their several appointments shall be terminable by the Governor in Council whenever a judge of the Court shall notify the Governor in Council that there is no further occasion for their assistance, and they, severally, shall have authority to transact, with the powers and jurisdiction of a judge of the Court, such business of the Court arising out of this Act as said judge shall from time to time commit to them, and such only.

1919, c. 71, s. 58.

59. Notwithstanding anything in this Act the Board is empowered,

(a) when estimating the value of any land for any purpose of this Act, to estimate it apart from the value of buildings thereon;

(b) for special reasons, in any case appearing,

(i) to vary the provisions of sections eighteen and nineteen of this Act so that an amount not exceeding one thousand dollars may be diverted from the amount not exceeding two thousand dollars, mentioned in section eighteen as the balance which may remain unpaid upon a sale of stock and equipment, and may be added to the amount not exceeding one thousand dollars, mentioned in section nineteen as that which may be advanced to provide or for application to permanent improvements,

(ii) to vary the provisions of sections sixteen to nineteen inclusively, of this Act, so that live stock and equipment to a value not exceeding three thousand dollars may be sold to a settler, but so that the total amount of balance of price and advances remaining unpaid by the settler as the result of the exercise by the Board of any of its powers under this Act, shall not exceed seven thousand five hundred dollars;

(c) in all cases of sales of orchard or fruit lands, to apply the provisions of section eighteen of this Act, with such other provisions thereof as may depend upon or have relation to those of said section, as if for the words “live stock or equipment” or “live stock and equipment acquired under authority of this Act” or words to the same effect in said section or in any of said sections appearing, there were substituted the words “fruit trees, already planted or growing on any land sold by the Board to the settler” and, for any purpose of this Act, to estimate the value of the trees and shrubs already planted or growing on any land being sold by the Board to the settler apart from the value of such land;

(d) in all cases of sales of unimproved lands, to vary the terms of payment provided by section sixteen of this Act so that the first annual instalment shall be repayable not later than two years from the date of the sale and shall consist of the accrued interest only;

(e) in all cases of sales of stock and equipment for the operation of unimproved lands, to vary the provisions of section eighteen of this Act so that the terms of payment shall be all cash down, or, at the option of the Board, payment in not more than six equal, consecutive, annual instalments, commencing not later than three years from the date of the sale, with interest at five per centum per annum, on the amortization plan, said interest to begin to accrue two years from the date of the sale;

(f) in all cases of sales of stock and equipment for the operation of improved farms, to vary the provisions of section eighteen of this Act so that the terms of payment shall be all cash down, or, at the option of the Board, such per centum cash down as the Board may determine, and the balance be repayable in six, or less, equal consecutive, annual instalments commencing upon a date determined upon by the Board, but not later than two years from the date of the sale, with interest at five per centum per annum, on the amortization plan;

(g) for any purpose of this Act, to determine what constitutes unimproved or improved land or a farm;

(h) in all cases of sales of seed grain and feed or in cases of advances for the payment of taxes and insurance, to require that the settler’s indebtedness to the Board in connection with such sale or advance be repaid within one year from the date of the advance, with interest at the rate of five per centum per annum;

(i) in the case of any settler who has not abandoned the land or whose agreement with the Board has not been terminated or rescinded, to vary the provisions of this Act so that the total indebtedness and liability incurred by such settler prior to the first day of April, one thousand nine hundred and twenty-two, may, on a standard date to be determined by the Board, be consolidated, inclusive of accrued interest, taxes and insurance to date of consolidation, and the consolidated indebtedness made payable in twenty-five or less annual instalments, such indebtedness bearing no interest from the date of consolidation for

(i) two years in the case of any settler to whom advances commenced within the twelve months preceding the first day of October, one thousand nine hundred and twenty-one,

(ii) three years in the case of any settler to whom advances commenced within the twelve months preceding the first day of October, one thousand nine hundred and twenty,

(iii) four years in the case of any settler to whom advances commenced prior to the first day of October, one thousand nine hundred and nineteen;

the first instalment, consisting of one twenty-fifth of the consolidated indebtedness, to be paid by the settler on the date of consolidation, and two, three or four further instalments, as the case may be, according to the period of interest exemption, each of the same amount as the first instalment, to be paid on the standard dates next consecutively following, the remainder of the consolidated indebtedness to be paid with interest thereon at the rate of five per centum per annum in equal annual consecutive instalments on the amortization plan during the balance of the term of payment; Provided that if default be made in the payment of any instalment of one twenty-fifth herein referred to, the amount of such instalment or the unpaid portion thereof shall bear interest until paid;

(j) to vary the terms of payment as provided in this Act so that stock and equipment advances or sales heretofore or hereafter made to any settler shall be payable within the same period as payment of advances for land purchase, removal or encumbrances, or permanent improvements;

(k) to vary the terms of payment as provided in this Act so that in the case of any settler whose advances commence between the first day of July and the standard date in any year, the dates on which the settlers’ first and subsequent instalments shall become payable may be fixed as if such advances had not commenced until after the standard date in that year: Provided that interest accruing during the period of this deferment shall be consolidated with the principal indebtedness and amortized therewith;

(l) in the case of unimproved lands to vary the terms of payment provided by section sixteen of this Act as amended by paragraph (d) of this subsection so that payment shall be made in twenty-five equal annual consecutive instalments with interest on the amortization plan, the first of such instalments commencing not later than two years from the standard date next following the date of sale.

2. When a settler dies indebted to the Board, under an agreement of sale or otherwise, with respect to any property or to any advance charged upon any property, his rights acquired under this or the former Act shall devolve upon heirs, devisees or personal representatives, pursuant to the law of the province in which at the time of his death the property is situate, but subject to all rights, claims and charges of the Board 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 or such advance, and default on the part of such heir, devisee or personal representative with respect to any right, claim or charge of the Board shall have the same effect as would default on the part of the settler but for his death.

1919, c. 71, s. 59; 1920, c. 19, s. 5; 1922, c. 46, s. 1.

60. Notwithstanding anything in this Act, or in any agreement, contract, or other document, in any case in which the indebtedness of a settler is consolidated, the Board may cause to be delivered to the settler personally or to be directed by mail to him at his address last known to the Board, a notice signed by such official as the Board may designate, setting forth the amount of the total indebtedness of the settler at date of consolidation, the dates and amounts of payments to be made thereon by the settler, and the amount then due and payable, and the production of a copy of such notice certified under the seal of the Board shall be accepted for all purposes and in all Courts as prima facie evidence of the due service of the notice on the settler and of the amount of the settler’s indebtedness, the dates and amounts of payments to be made thereon, and the amount then due and payable as in said notice set forth.

1922, c. 46, s. 3.

61. All letters and other mailable matter sent to or by the Director of Soldier Settlement at Ottawa shall be free of Canada postage under such regulations as are from time to time made in that respect by the Governor in Council.

R.S., 1927, c. 188, s. 61; 1931, c. 53, s. 5.

62. No person, firm or corporation shall be entitled to charge or to collect as against or from any other person, firm or corporation any fee or commission or advance of price for services rendered in the sale of any land made to the Board, whether for the finding or introducing of a buyer or otherwise.

2. No person, firm or corporation shall pay to any other person, firm or corporation any such fee or commission or advance of price for any such services.

3. The Board may require of any person, firm or corporation from whom it purchases land, or who is in any manner interested therein, the execution of an affidavit in form E in the schedule to this Act.

4. If any such fee or commission or advance of price is paid by or to any such person, firm or corporation for any such services the following consequences shall ensue: —

(a) [Repealed, 2000, c. 34, s. 49]

(b) the fee or commission or advance in price paid may be recovered by the Board, by suit instituted in the name of the Board as agent of His Majesty, in any court having jurisdiction in debt to the amount involved, whether the transaction was one with respect to a sale or projected sale to the Board, as if such amount were a debt due to the Board, as aforesaid, and every person who participated in the receipt of any part of such amount shall be liable to pay to the Board the part of such amount actually received by him; and

(c) all such consequences shall have operation cumulatively.

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

R.S., 1927, c. 188, s. 62; 2000, c. 34, s. 49.

63. [Repealed, 2000, c. 34, s. 50]

64. The Board may, with the approval of the Governor in Council, and subject to the provisions of this Act, make regulations, prescribing

(a) the manner in which entries for land and applications for loans or advances may be made;

(b) the conditions as to occupation or otherwise upon which free entries and patents for land may be granted and issued;

(c) the security to be given for loans or advances, the conditions subject to which loans or advances shall be made, and the manner and dates in and at which such loans or advances shall be repaid, including dates at which amortized or other payments shall be consolidated or commence;

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

(e) the conditions subject to which lands may be acquired for the purposes of this Act;

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

(g) for priority of right as between applicants to purchase property or for soldier grants or for advances or loans on the security of property;

(h) as to the qualifications necessary in order to entitle settlers to the benefits or assistance or to any particular benefit or assistance under this Act, to the end that the settler may have a reasonable prospect of success as a farmer;

(i) forms of agreements, mortgages, notices and other documents necessary to the effective operation of this Act;

(j) advanced rates of interest to be paid by settlers who may be in default, such rates, however, not to exceed seven per centum per annum;

(k) the circumstances and procedure under which and whereby the Board may take over or repossess property in case of default made by settlers in the observance of the provisions of this or of the former Act or of any covenant or agreement made by settlers with the Board;

(l) authority and procedure for the inclusion within the expression “settler” of persons who, being otherwise qualified to be settlers, are not discharged from military or other service;

(m) with respect to blind or other partially but seriously incapacitated settlers, special provisions for assistance in settlement of small holdings or otherwise inclusive of the remission of interest in whole or in part;

(m.1) the appointment of persons to exercise or perform with respect to such matters as may be specified in the regulations any of the powers or duties conferred or imposed by this Act on the Board; and

(n) with respect to any other matter concerning which the Board deems regulations necessary for the execution of the purposes of this Act.

2. [Repealed, 1950, c. 50, s. 10]

R.S., 1927, c. 188, s. 64; 1950, c. 50, s. 10; 2000, c. 34, s. 51.

65. The marks or brands specified in this section in that behalf may be applied in or on any property of the Board to denote the Board’s ownership or interest in such property; but the omission to apply any such mark or brand shall not affect such ownership or interest

Property	Marks or Brands
Live stock	Upstanding broad arrow with its base abutting on lazy S. with or without any numerals in any order.
Equipment	Broad arrow with its base abutting on lazy S.

2. It shall be lawful for the Board or its officers, agents, and workmen to apply such marks or brands, or any of them, in or on any such property.

3. No person shall, without the authority of the Board, the proof of which shall lie on him, apply any of the said marks or brands in or on any property of the Board, nor take out, destroy or obliterate, wholly or in part, from any property, any of the said marks or brands.

4. No person shall, without the authority of the Board, the proof of which shall lie on him, receive, possess, keep, sell or deliver any property bearing any marks or brands as aforesaid.

5. Notwithstanding any law, whether statute or otherwise, in force in any province, authorizing or requiring the registration or recording of marks or brands, or prohibiting the use of any mark or brand which has not been registered, or prescribing any procedure to be followed in connection therewith, the use and application by the Board or any of its authorized officers or employees of the said marks or brands, shall not so long as any ownership or interest of or in the property affected is vested in the Board, be subject to or within the operations of such provincial laws.

1920, c. 19, s. 8.

66. While a settler is indebted to the Board in connection with sale of land or other property to him by the Board, or while any sum remains unpaid upon the aggregate advances or payments made from time to time pursuant to the provisions of this Act or otherwise to or on behalf of the settler, and secured by or charged whether under this Act or otherwise, upon property, real, personal or other, of the settler, or upon the settler’s interest in any property, the Board may require that the settler shall insure in favour of the Board any property to the extent of its insurable value and shall assign and deliver over unto the Board, as the interest of the Board may appear, the policy or policies of insurance or receipt or receipts thereto appertaining, and deliver to the Board all receipts for taxes paid upon any such property, insured or otherwise.

(2) Notwithstanding anything to the contrary in this Act if the settler fails or neglects to pay any lawful rates, taxes or assessments or to keep such property insured as aforesaid then it shall be lawful for the Board to pay such rates, taxes or assessments or to insure such property as aforesaid and all moneys so expended by the Board either before or after the enactment hereof, shall be repaid by the settler on demand with interest at the rate of five per centum per annum computed from the time of advancing the same, and in the meantime the amount of such payment shall be added to the purchase price of such property or shall become a part of the principal secured by any charge, lien or mortgage in favour of the Board, as the case may be, and may in the discretion of the Board be made repayable at the time appointed for the payment of the next instalment in connection with the account to which such indebtedness is charged.

R.S., 1927, c. 188, s. 66; 1938, c. 14, s. 1.

66A. Notwithstanding anything to the contrary in this Act the Director of Soldier Settlement may pay any lawful rates, taxes or assessments imposed in respect of any land held by the Director of Soldier Settlement not the subject of a contract of sale at the date of such imposition.

1932, c. 53, s. 3.

67. Notwithstanding anything in this Act, in the case of any settler who has not repaid his indebtedness to the Board, or who has not abandoned his land, or whose agreement with the Board has not been terminated or rescinded, the Board shall credit his account with an amount, in reduction of his indebtedness to the Board, determined as follows: —

Forty per cent of the purchase price of all live stock sold by the Board to the settler prior to the first day of October, 1920;

Twenty per cent of the purchase price of all live stock sold by the Board to the settler on or after the first day of October, 1920, and prior to the first day of October, 1921.

2. The settler’s account shall be credited with the total amount, determined as aforesaid, as on the standard date in 1925.

1925, c. 53, s. 1.

68. Notwithstanding anything in this Act, a settler who is indebted to the Board in respect of an amount loaned to him by the Board under the former Act for and expended in the purchase of agricultural land or has agreed to purchase any land from the Board, who has not assigned or transferred his interest in his land, whose agreement with the Board has not been terminated or rescinded, who has not repaid his indebtedness to the Board, and who claims that there has been a depreciation in the value of such land not the result of neglect or mismanagement on his part, may make application for the revaluation of the said land subject to the following conditions: —

(a) application for revaluation shall be submitted to the District Superintendent of the Soldier Settlement Board for the district within which the said land is situate;

(b) the application shall be supported by a statutory declaration setting out

(i) the original purchase price of the land and the value of improvements effected since the establishment of the settler thereon, and

(ii) his belief as to present value of the land and his reasons therefor;

(c) the depreciation in value to be determined shall be the amount by which, through no neglect or mismanagement on the part of the settler, the price at which the Board agreed to sell the land and improvements to the settler or the price under the former Act paid by the settler with the approval of the Board for the land and improvements exceeds the present value, and in determining the present value of the land, improvements made by the settler shall not be included: Provided that in any case where the actual sale price is greater than the maximum amount which under section sixteen of this Act may be advanced by the Board in the purchase of land on behalf of any settler, such maximum amount shall be deemed the sale price for the purposes of this section;

(d) all applications for revaluation must be submitted to the Board prior to the first day of October, one thousand nine hundred and twenty-seven, except as otherwise provided by regulation;

(e) upon the receipt of an application made in accordance with the terms of this section the Board shall ascertain and determine the depreciation in value as set forth in paragraph (c) of this section; and if any applicant is dissatisfied with the decision of the Board he may within such time as is prescribed by regulations made by the Governor in Council, appeal to the Federal Court of Canada, and the decision of that Court shall be final;

(f) expenditures necessarily incurred by or in connection with the administration of this Act as may be provided by regulation, shall be paid out of moneys appropriated from time to time by Parliament to soldier land settlement;

(g) where the decision shows that there has been depreciation as hereinbefore set forth in paragraph (c) in the value of the land and improvements which the Board agreed to sell to a settler, the Board, notwithstanding anything in this Act, shall credit the settler’s account as on the standard date in 1925 with the amount of depreciation as finally determined, and upon the settler’s account being so credited, the balance then owing by the settler for all purposes shall, at the discretion of the Board, be consolidated and deemed to be the settler’s total indebtedness and the total cost of the property may be amortized over the remaining period of the loan: Provided that the maximum amount which may be so credited to any settler shall in no case exceed the settler’s total indebtedness to the Board as at the time of the final determination of the amount of depreciation in value aforesaid;

(h) the Board may with the approval of the Governor in Council, make such regulations as may be necessary for the purposes of this section;

(i) the Governor in Council may make such regulations as he deems fit for the procedure in appeals to the Federal Court under this section, and may by such regulations modify or dispense with any provisions as to procedure in the Federal Court Act or in the rules of practice of that Court, and all such regulations made shall be published forthwith in the Canada Gazette;

(j) notwithstanding anything in this Act, in the case of any settler whose agreement with the Board has been terminated or rescinded and who is desirous of repurchasing the land which he agreed to purchase from the Board may, provided the land has not been otherwise disposed of, reinstate the settler in such rights with respect to the land as he had prior to the termination or rescission of his agreement and extend to him the benefits of this section from which he would otherwise be debarred by reason of the termination or rescission of his agreement.

R.S., 1927, c. 188, s. 68; 1928, c. 48, s. 2; R.S., 1970, c. 10(2nd Supp.), s. 64.

69. (1) Notwithstanding anything in this Act, on or after the first day of July, 1930, in any case where the Board, before exercising as against the land the right of rescission of the agreement with any settler who is in default, gives to the settler the statutory notice as required by this Act of its intention to do so, no rescission of the agreement shall take place where, within the period set forth in the notice, the settler advises the Board in writing of his opposition to the proposed action, or where the Board has otherwise reasons to believe that a dispute may arise, unless an order of a County or District Court Judge is issued declaring the rescission of his agreement warranted.

(2) The Governor in Council may make such regulations as he deems fit for the procedure in applications to a District or County Court Judge for an order under this section, and may by such regulations modify and dispense with any provisions as to procedure which might otherwise affect such application, or in the rules and practice of any such Court, and all such regulations shall be published forthwith in the Canada Gazette.

1930, c. 42, s. 1.

70. Notwithstanding anything in this Act, in the case of any settler qualified and established upon the land in accordance with the provisions of this Act and regulations thereunder, who has not abandoned his land and whose agreement with the Board has not been terminated, rescinded or assigned, the Board shall credit the settler’s account as on the standard date in 1929 with an amount equal to thirty per cent of the settler’s indebtedness to the Board as on that date; provided that in the case of any such settler whose application for revaluation under section sixty-eight of this Act has not been finally disposed of, the settler’s indebtedness as on the said standard date shall for the purposes of this section be deemed to be the amount owing by him to the Board as on the said standard date less the amount of the depreciation in the value of the land, if any, determined as provided by section sixty-eight of this Act; provided further that the maximum amount which may be so credited to any settler in accordance with the provisions of this section shall in no case exceed the settler’s total indebtedness to the Board.

1930, c. 42, s. 1.

71. Notwithstanding anything in this Act, on or after the fifteenth day of June, 1930, in the case of any settler holding under purchase from the Board any live stock to which the Board retains title pending the completion by the settler of the payment of balance of the purchase price thereof, or on which the Board has a charge, lien, or other encumbrance as the result of any advances made to the settler pursuant to the provisions of this Act, the Board’s right, title and interest in such live stock shall be released by the Board in favour of the settler; provided that such release shall in no way relieve the settler from the payment by him to the Board of the balance of the purchase price of such live stock remaining unpaid together with accrued interest, or from the repayment of any amount secured by a lien, charge or other encumbrance against such live stock; provided further that no such release of title shall be made in favour of the settler where the settler has with the Board’s consent assigned his interest in such live stock to another party to whom the Board is obligated to deliver clear title upon the fulfilment by such party of certain obligations to the Board.

1930, c. 42, s. 1.

72. All interest charges which accrued under this Act during the twelve months immediately preceding the standard date in 1932, other than in respect of any contract between the Director and any person under and by virtue of an agreement between His Majesty’s Secretary of State for the Colonies and the Government of the Dominion of Canada and bearing date the twentieth day of August, 1924, are remitted, and any payment heretofore made in respect thereof shall be applied toward reduction of principal indebtedness.

1932-33, c. 49, s. 1.

73. (1) Any settler or person indebted in respect of any contract or agreement made prior to the first day of January, 1933, under the provisions of this Act, who after the thirty-first day of March, 1933, makes payment on or before the thirty-first day of March, 1941, in respect of any arrears due and payable before the first day of April, 1938, shall, subject to the provisions of this section, receive credit toward payment of such arrears for a further sum equal to the payment made.

(2) No such additional credit shall be accorded in respect of moneys the proceeds of alienation of any property charged under this Act or of fire insurance or due as the cash down payment under any agreement for sale of land.

(3) Any such credit shall be accorded only upon production to the Director of evidence satisfactory to him that any fire insurance premium payable and all taxes imposed in respect of such person’s interest in the land charged under this Act during the then current year in the case of payment of arrears or the year or years in respect of which payment is made in the case of instalments have been paid or made the subject of arrangement.

(4) This section shall not apply to any person indebted under a contract between him and the Director under or by virtue of an agreement between His Majesty’s Secretary of State for the Colonies and the Government of the Dominion of Canada mentioned in section seventy-two of this Act until the consent thereto of His Majesty’s Government of Great Britain has been obtained as hereinafter provided, or to a settler or person in respect of land held under this Act by virtue of a lease.

1932-33, c. 49, s. 1; 1936, c. 10, s. 1; 1938, c. 14, s. 2.

74. Upon the consent of His Majesty’s Government of Great Britain to bear the loss thereby occasioned in the proportion specified in the agreement between His Majesty’s Secretary of State for the Colonies and the Government of the Dominion of Canada mentioned in section seventy-two of this Act, the Director shall apply mutatis mutandis the provisions of section seventy, seventy-two and seventy-three of this Act to any person indebted under a contract for purchase of land entered into with the Director under and by virtue of such agreement.

1932-33, c. 49, s. 1.

75. Notwithstanding anything in this Act, on or after the thirty-first day of March, 1933, in the case of any settler holding under purchase from the Director any equipment to which the Director retains title pending the completion by the settler of the payment of balance of the purchase price thereof, or on which the Director has a charge, lien, or other encumbrance as the result of any advances made to the settler pursuant to the provisions of this Act, the Director’s right, title and interest in such equipment shall be released by the Director in favour of the settler; provided that such release shall in no way relieve the settler from the payment by him to the Director of the balance of the purchase price of such equipment remaining unpaid together with accrued interest, or from the repayment of any amount secured by a lien, charge or other encumbrance against such equipment; provided further that no such release of title shall be made in favour of the settler where the settler has with the Director’s consent assigned his interest in such equipment to another party to whom the Director is obligated to deliver clear title upon the fulfilment by such party of certain obligations to the Director.

1932-33, c. 49, s. 1.

76. In any case where

(a) a person is indebted in respect of any agreement made under this Act;

(b) a person has not abandoned his land;

(c) the agreement has not been terminated, rescinded or assigned;

(d) a person at any time during the war that commenced in September, one thousand nine hundred and thirty-nine

(i) was engaged on active service in a naval, military or air force of Canada; or

(ii) was engaged on active service in any of His Majesty’s forces and at the time of his enlistment therein was ordinarily domiciled or resident in Canada;

(e) a person either

(i) served in a theatre of actual war as designated by the Governor in Council under the authority of the Pension Act; or

(ii) served only in those parts of Canada that are not so designated by the Governor in Council as a theatre of actual war, for a period of not less than twelve months; or

(iii) is by reason of disability incurred as a result of such service in receipt of a pension; and

(f) a person has been honourably discharged from the force in which he was so engaged or has been permitted honourably to resign or retire therefrom;

the rate of interest that may be charged in respect of any such agreement after the standard date in the year one thousand nine hundred and forty-two or the date of his enlistment in such force, whichever is the earlier, shall be three and one-half per centum per annum.

1946, c. 33, s. 1.

77. In any case where a settler has not abandoned his land and his agreement made under this Act has not been terminated, rescinded or assigned, the rate of interest that may be charged in respect of any such agreement after the standard date in the year one thousand nine hundred and forty-four shall be three and one-half per centum per annum.

1946, c. 33, s. 1.

THE SOLDIER SETTLEMENT ACT

NOTICE OF ESTABLISHMENT OF A SETTLEMENT AREA

Province . . . . . . . . . . . . . . . .

Limits of Settlement Area No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

All concerned are hereby notified that pursuant to the provisions of Part Three of the Soldier Settlement Act, the Soldier Settlement Board of Canada has established and does hereby establish settlement area number (one, or as the case may be) consisting of the lands within the limits above defined, and that all owners of blocks of land as defined by said Part of said Act situate within said limits are required to comply with the terms of said Part of said Act or suffer the penalties by said Act provided and thereafter comply as aforesaid, notwithstanding.

The Soldier Settlement Board of Canada,

X. Y.,

Chairman

Ottawa (Date)

1919, c. 71, Sch. A.

FORM B

THE SOLDIER SETTLEMENT ACT

NOTICE OF ALTERATION OF LIMITS OF (OR OF DISESTABLISHMENT OF) A SETTLEMENT AREA

Province . . . . . . . . . . . . . . . .

New Limits of Settlement Area No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Old Limits of Settlement Area No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (or “Disestablishment of Settlement Area No. . . . . . . . . . . . described as follows” as the case may be.)

All concerned are hereby notified that pursuant to the provisions of Part III of the Soldier Settlement Act, the Soldier Settlement Board of Canada has altered the limits of its Settlement Area No. . . . . . . . . . . , that these are now as first above described and that all owners of blocks of land as defined by said Part of said Act situate within said new limits who have not already complied with the terms of said Part of said Act are required to so comply or suffer the penalties by said Act provided and thereafter comply as aforesaid, notwithstanding. (Or "has entirely disestablished its settlement area No. . . . . . . . . as above described and that all lands within the limits of such former settlement area are hereby freed from the operation of the provisions of the said Soldier Settlement Act, as the case may be.)

The Soldier Settlement Board of Canada,

X. Y.,

Chairman

Ottawa (Date)

1919, c. 71, Sch. B.

FORM C

THE SOLDIER SETTLEMENT ACT

RETURN OF OWNER OF LAND WITHIN A SETTLEMENT AREA TO THE SOLDIER SETTLEMENT BOARD OF CANADA

Province . . . . . . . . . . . . . . . .

Limits of Settlement Area No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Names and Post Office addresses of person, or persons making return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The undersigned files this return with a District Superintendent of the Soldier Settlement Board of Canada pursuant to the provisions of Part III of the Soldier Settlement Act.

The undersigned owns or own personally (or if owner along with others state names and extent of interests of others and their post office addresses) within the settlement area above described, the following described parcels of land: —

Parcel No. 1 . . . . . . . . . . . . . . . . . . . . (insert location and description).

Parcel No. 2 . . . . . . . . . . . . . . . . . . . . (insert location and description).

Parcel No. 3, etc.

Parcel No. 1 was cultivated to the extent of . . . . . . . . . . per centum of its area during the season of 19 . . . and its average cultivation for the two immediately preceding seasons was . . . . per centum of its area. Parcel No. 1 is encumbered as follows . . . . . . . . . . (give description of encumbrances and names and post office addresses of the holders thereof).

Parcel No. 2 (give the same particulars as to each parcel).

The owner is willing to sell his interest in Parcel No. 1 to the Board to be applied to the purposes of the Soldier Settlement Act, for the sum of ................ dollars.

The owner is willing to sell his interest in Parcel No. 2 to the Board to be applied to the purposes of the Soldier Settlement Act, for the sum of ............... dollars.

Give the same information as respects each other parcel.

The owner is willing to sell his interest in all the above- mentioned and described parcels to the Board to be applied to the purposes of the Soldier Settlement Act, for the sum of . . . . . . . . . . . . . . . . . . . . dollars.

There are buildings and improvements upon such land as follows: — On Parcel No. 1 . . . . . . . . . . . . . .(short description). Parcel No. 2 and (like particulars).

Dated at . . . . . . . . . . . in the province of . . . . . . . this . . . . . . . . day of . . . . . . 19 . . .

Owner or owners

Signed in the presence of

. . . . . . . . . . . . . . . . . .

Witness to signature of

. . . . . . . . . . . . . . . . . .

Witness to signature of

. . . . . . . . . . . . . . . . . .

1919, c. 71, Sch. C.

FORM D

THE SOLDIER SETTLEMENT BOARD OF CANADA

NOTICE OF COMPULSORY PURCHASE OF LAND

Province . . . . . . . . . . . . . . . .

Settlement Area No. . . . . . . . . . . . . . . .

Description of Land Compulsorily Purchased . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

To all persons in any manner interested as owners or otherwise in the above described land.

Take Notice that the Soldier Settlement Board of Canada, pursuant to power provided in and by Part III, the Soldier Settlement Act, has compulsorily purchased the above described parcel (or parcels) of land, that said Board is willing to pay therefore the sum of . . . . . . . . . . dollars, and that by publication of this notice and by force of said Act the said described land is now vested in said Board as for an estate of fee simple in possession (or, in the province of Quebec “in said Board as absolute owner”) freed and discharged from all other estates and from all encumbrances, liens, claims and interests whatever and as effectually as if it had been conveyed to the Board by deed or conveyance of all persons entitled to any interest therein, but that if the owner or other persons interested in said described land are not willing to accept as payment for his or their respective interests in or claims against said described land in full of their interests and claims the amount of compensation money mentioned in this notice, other compensation to be ascertained as provided in said Part III of said Act, will be paid by said Board.

The Soldier Settlement Board of Canada,

X. Y.,

Chairman

Ottawa (Date)

1919, c. 71, Sch. D.

FORM E

AFFIDAVIT OF VENDOR OF LAND TO THE BOARD

IN THE MATTER OF THE SOLDIER SETTLEMENT ACT

I, . . . . . . . . . . . . . . . of . . . . . . . . . . . in the . . . . . . . . . of . . . . . . Province of . . . . . . . . . . , (occupation) make oath and say as follows: —

1. Produced herewith and shown to me and marked Exhibit A by the functionary before whom this affidavit is sworn is a certain conveyance of land to the Soldier Settlement Board of Canada.

2. I have personal knowledge of the matters hereinafter deposed to.

3. No person, firm or corporation has collected or attempted to collect from me, nor been paid by me nor, so far as I am aware, has any person collected or attempted to collect from any other person, whether interested in the land to which such conveyance relates or otherwise, or charged as against any person, or been paid by any person any fee or commission or advance of price for services rendered in the sale of such land to the Board, whether for the finding of a buyer or otherwise.

4. The last sale of said land (or part thereof) previously to the said conveyance to the Board was made on or about the . . . . . . . . . . day of . . . . . . . . . . . . 19 . . .

The grantors were . . . . . . . . . . of . . . . . . . . . . and the grantees were . . . . . . . . . There was paid for said land on that occasion the sum of . . . . . . . . . . . . . . . . . . dollars which is an average of . . . . . . . . . . . dollars per acre. The improvements made upon said land since said sale have been as follows: — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. The consideration mentioned in said Exhibit is . . . . . . . . . . dollars and the persons who are to receive the same and the amounts that each is entitled to receive, and to whom the Board may make payment direct, are now truly stated, to wit: —

(a) . . . . . . . . . . . . . . . . . . . . (name, post office address and amount receivable)

(b) . . . . . . . . . . . . . . . . . . . . (name, post office address and amount receivable)

(c) . . . . . . . . . . . . . . . . . . . . (name, post office address and amount receivable)

Sworn before me at . . . . . . . . . . . . . . . . in the . . . . . . . . . province of . . . . . . . . . . . . . . . this . . . . . day of . . . . . . . . . 19 . . .

1919, c. 71, Sch. E.