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The Director of Soldier Settlement Act

R.S.M. 1990, c. 238

The Director of Soldier Settlement Act

WHEREAS by the enactment of chapter 53 of the Statutes of Canada, 1931, The Soldier Settlement Board, a body corporate created under The Soldier Settlement Act, 1919, being chapter 188 of the Revised Statutes of Canada, 1927, has ceased to exist and the Director of Soldier Settlement, a corporation sole, has been created in place thereof;

AND WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;

THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Director of Soldier Settlement substituted for Soldier Settlement Board

1           All lands, interests in lands, mortgages, encumbrances, charges on land, deeds, conveyances, leases, tax sale certificates and applications and claims for title in respect to any lands in the province now vested in or owned by The Soldier Settlement Board are hereby transferred, transmitted and vested in the Director of Soldier Settlement, who shall have all the rights, title, powers and privileges which have hitherto belonged to The Soldier Settlement Board; and it shall not be necessary to register, file or issue any further or other instrument, document or certificate or make any entry showing the transmission, transfer or assignment of title from The Soldier Settlement Board to the Director of Soldier Settlement of any such property, or in the case of lands under The Real Property Act, to have certificates of title issued in, or to have any mortgage, charge or encumbrance transmitted to the name of the Director of Soldier Settlement, nor shall it be necessary in any instrument or document whereby the Director of Soldier Settlement deals with any such property to recite or set out such transmission, assignment or transfer of title, or to pay any fees in connection with the substitution of the Director of Soldier Settlement in the place of The Soldier Settlement Board as owner of any such property.

Transfer of soldier settlement lands

2           For the purpose of facilitating and giving effect to the transfer of lands in pursuance of The Soldier Settlement Act, 1919, being chapter 188 of the Revised Statutes of Canada, 1927, as amended by chapter 53 of the Statutes of Canada, 1932, the district registrars of the several land titles districts in the province are authorized and directed to accept any order of the Governor-in-Council purporting to transfer lands, of which the Director of Soldier Settlement is the owner, pursuant to the provisions of the above mentioned chapter 53 of the statutes of Canada, 1932, and on the registration thereof, to give effect to such order-in-council as a conveyance or as a transfer under The Real Property Act, from the Director of Soldier Settlement to the province.

Transfer to municipality deemed to be approved

3           A transfer to a municipality by the Director of Soldier Settlement of any land situate in the municipality under the statute referred to in section 2 shall be deemed to have been approved by the Governor-in-Council, and the transfer shall be registered without the necessity of the production of any evidence of the approval.

Transfer by Dominion

4           Notwithstanding anything contained in any Act of the Legislature, any document issued by or executed on behalf of the Dominion purporting to transfer, grant, assign, convey to or vest in the province or any municipality the interest of the Dominion in any land under The Real Property Act shall be deemed to be a transfer under The Real Property Act, and the district registrars of the several land titles districts in the province are authorized and directed to register and give effect to the same.

NOTE:  This Act replaces S.M. 1932, c. 45.