Grant of the Memorial Cross, Order Governing the

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SI-2008-148/FullText.html

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Order Governing the Grant of the Memorial Cross

SI/2008-148Registration 2008-12-24
Order Governing the Grant of the Memorial Cross
P.C. 2008-1924 2008-12-12Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence and the Minister of Veterans Affairs, hereby makes the annexed Order Governing the Grant of the Memorial Cross.Interpretation

1 The following definitions apply in this Order.

1950 Order
1950 Order means the Order Governing the Grant of the Memorial Cross to Mothers and Widows, made by Order in Council P.C. 5812 of December 5, 1950. (décret de 1950)
2006 Order
2006 Order means the Order Governing the Grant of the Memorial Cross (Canadian Forces), made by Order in Council P.C. 2006-1449 of November 30, 2006 and registered as SI/2006-141. (décret de 2006)
member
member means an officer or non-commissioned member. (militaire)
representative of the estate or succession
representative of the estate or succession means the person who acts as executor or administrator of the estate, or liquidator of the succession, of a member or former member or the person who was acting in that capacity when the estate was settled. (représentant de la succession)

Description

2 The Memorial Cross is a cross pattée in silver placed on a wreath of laurel, suspended from a brooch bar in the form of the lateral arms of the Cross; at the end of the upright, the Royal Crown, at the foot and at the end of either arm, a maple leaf; and in the centre, the Royal Cypher of the reigning monarch. The reverse of the Cross is engraved with the service number, rank, initials and surname of the member or former member who is commemorated.

Service Before October 7, 2001

3 The Memorial Cross shall be granted as a memento of personal loss and sacrifice in respect of the death of a member or former member, to recipients designated under section 4 or 5 who survive the member or former member, if

(a) in the case of a member of the Supplementary Reserve, the member did not serve in or with the Regular Force, Primary Reserve, Cadet Instructors Cadre or Canadian Rangers on or after October 7, 2001;
(b) in the case of a former member of the Canadian Forces, Royal Canadian Navy, Canadian Army or Royal Canadian Air Force, the former member served before October 7, 2001;
(c) the death is attributable to military service in an area of hostilities outside Canada in consequence of any action undertaken by Canada under the Charter of the United Nations, the North Atlantic Treaty or any other instrument for collective defence entered into by Canada; and
(d) the death occurs on or after the day on which this Order comes into force.

4 The member or former member may designate, in a form approved by the Minister of Veterans Affairs, a maximum of two recipients of the Memorial Cross.

5 The representative of the estate or succession may designate recipients of the Memorial Cross, of which the number shall not exceed, as applicable,

(a) two, if the designation of recipients referred to in section 4 has not been made, a completed form cannot be found or no designated recipients survive the member or former member; or
(b) one, if only one Memorial Cross is granted to a recipient designated under section 4.

Service on or After October 7, 2001

6 The Memorial Cross shall be granted as a memento of personal loss and sacrifice in respect of the death of a member or former member, to recipients designated under section 7, 8 or 9 who survive the member or former member, if

(a) in the case of a member or former member of the Regular Force, Primary Reserve, Cadet Instructors Cadre or Canadian Rangers, the member or former member served on or after October 7, 2001; and
(b) in the case of a member or former member of the Supplementary Reserve, the member or former member served in or with the Regular Force, Primary Reserve, Cadet Instructors Cadre or Canadian Rangers on or after October 7, 2001; and
(c) the death is attributable to an injury or disease related to military service.

7 The member or former member may designate, in a form approved by the Chief of the Defence Staff, a maximum of three recipients of the Memorial Cross.

8 Subject to section 9, the representative of the estate or succession may designate recipients of the Memorial Cross, of which the number shall not exceed, as applicable,

(a) three, if the designation of recipients referred to in section 7 has not been made, a completed form cannot be found or no designated recipients survive the member or former member;
(b) two, if only one Memorial Cross is granted to a recipient designated under section 7; or
(c) one, if two Memorial Crosses are granted to recipients designated under section 7.

9 If the death of a member or former member who served during the period beginning on or after October 7, 2001 and ending on December 31, 2006 has occurred before the day on which this Order comes into force, the representative of the estate or succession may designate recipients of the Memorial Cross, of which the number shall not exceed, as applicable,

(a) three, if no Memorial Crosses were granted under the 1950 Order;
(b) two, if only one Memorial Cross was granted under the 1950 Order; or
(c) one, if two Memorial Crosses were granted under the 1950 Order.

Responsible Ministers

10 (1) The Minister of National Defence is responsible for the grant of the Memorial Cross if a member dies while serving in or with the Regular Force, Primary Reserve, Cadet Instructors Cadre or Canadian Rangers.
(2) The Minister of Veterans Affairs is responsible for the grant of the Memorial Cross if a former member of the Canadian Forces, Royal Canadian Navy, Canadian Army or Royal Canadian Air Force dies, or a member of the Supplementary Reserve dies while not serving with the Regular Force, Primary Reserve, Cadet Instructors Cadre or Canadian Rangers.

Transitional Provisions

11 If a member or former member has, before the coming into force of section 14, designated recipients, in a form approved by the Chief of the Defence Staff for the purpose of section 6 of the 2006 Order, the designation is deemed to have been made in the form approved under section 7 of this Order.

12 A recipient to whom the Memorial Cross has been granted under the 1950 Order or the 2006 Order shall not be granted a Memorial Cross under section 6 of this Order.

Repeal

13 [Repeal]

14 [Repeal]