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This Act is current to June 6, 2017

[Prepared for convenience by the Office of Legislative Counsel. Note: This Act has not been revised as part of the Revised Statutes 1996. References in this Act to other Acts may be references to earlier Revised Statutes or to Acts not consolidated in a general revision of statutes, depending on when the provision of this Act containing the reference was enacted or amended.]

An Act to Repeal the Land Settlement and Development Act and to Vest the Undertaking of the Board Thereby Established in the Crown

[SBC 1968] CHAPTER 23

Assented to April 6, 1968

Short title

1  This Act may be cited as the Land Settlement and Development (Repeal) Act.

1968-23-1.

Interpretation

2  In this Act, unless the context otherwise requires,

"the Act" means the Land Settlement and Development Act, being chapter 210 of the Revised Statutes of British Columbia, 1960;

"the Board" means the Land Settlement Board established by the Act, and includes the Agricultural Credit Commission and the Board in its capacity as successor to the Commission;

"minister" means that member of the Executive Council charged by order of the Lieutenant-Governor in Council with the administration of this Act or a part thereof;

"rights" includes property, assets, and securities;

"vesting date" means the date of commencement of this Act.

1968-23-2; 1977-75-8.

Transfer of rights and liabilities of Board

3  (1) All rights and liabilities of the Board are, by virtue of this Act, transferred to, and vested directly in, the Crown in right of the Province.

(2) Subject as hereinafter provided,

(a) every agreement to which the Board was a party, whether in writing or not and whether or not of such a nature that rights or liabilities thereunder could be assigned by the Board, shall, unless its terms or subject-matter make it impossible that it should have effect as modified in the manner provided by this clause, have effect as from the vesting date, as if

(i) the Crown in right of the Province were a party;

(ii) for any reference (however worded and whether express or implied) to the Board there were substituted, as respects anything falling to be done on or after the vesting date, a reference to the Crown in right of the Province;

(iii) any reference (however worded and whether express or implied)

(A) to the members or any member of the Board were, as respects anything falling to be done on or after the vesting date, a reference to the Minister; or

(B) to any officer or servant of the Board were, as respects anything falling to be done on or after the vesting date, a reference to such person as the Minister may appoint or, in default of appointment, to the Civil Servant who corresponds as nearly as may be to the officer or servant of the Board;

(b) clause (a) (other than subclause (i)) shall apply in relation to any statutory provision enacted before the commencement of this Act, and to any provision of any agreement to which the Board was not a party.

(3) Without prejudice to the generality of the foregoing provisions of this section, where, by the operation of any of those provisions, any right or liability becomes a right or liability directly of the Crown,

(a) the Minister, on behalf of the Crown, and all other persons shall, as from the vesting date, have the same rights, powers, and remedies for ascertaining, perfecting, or enforcing that right or liability as they would have had if it had at all times been a right or liability of the Board and section 6 had not been enacted; and any legal proceedings or application pending on the vesting date by or against the Board in so far as they relate to any right or liability transferred to the Crown under this section, or to any agreement, statutory provision, or document which has effect in accordance with subsection (2), may be continued by or, to the extent that proceedings may be so taken, against the Crown in lieu of the Board;

(b) all moneys thereby payable to the Crown by any person whomsoever, including all moneys thereby owing to the Crown by any mortgagor, borrower, lessee, or purchaser, whether the same are accrued due or not, are declared to be the property of the Crown in right of the Province.

(4) On the vesting of the rights of the Board directly in the Crown, all liability of the Board for the repayment of advances made pursuant to section 10 of the Act shall be deemed to be satisfied.

(5) On the vesting date, a registration in the Land Titles Office in the name of the Board becomes, and shall thereafter be deemed to be, a registration in the name of the Crown in right of the Province.

1968-23-3; 1978-25-334.

Issue of Crown grant in lieu of deed

4  Notwithstanding subsection (2) or (3) of section 3, where, under an agreement which takes effect in accordance with the said subsection (2), there is an obligation on the part of the Crown to make a grant of land by deed, it shall be lawful, on payment of the fee prescribed by the Land Act, and it shall be deemed to be a compliance with the obligation, to issue a Crown grant of the land in lieu of such deed; and the provisions of the Land Act shall apply to a Crown grant so issued.

1968-23-4.

No rights to further loans

5  Nothing in subsection (3) of section 3 shall be construed as rendering any person eligible for a grant by or on behalf of the Crown, after the vesting date, of a further loan, or as authorizing the grant thereof, unless provision for the loan is made by an agreement which takes effect in accordance with clause (a) of subsection (2) of section 3.

1968-23-5.

Repeal of Act

6  The Act is repealed and the Land Settlement Board is abolished.

1968-23-6.

Regulations

7  For the purpose of carrying into effect the provisions of this Act according to their true intent, the Lieutenant-Governor in Council may make such regulations not inconsistent with this Act as may be deemed necessary or advisable.

1968-23-7.