C-226
First Session, Thirty-ninth Parliament,
55 Elizabeth II, 2006
HOUSE OF COMMONS OF CANADA
BILL C-226
An Act to provide for the issuance of the Memorial Cross as a memento of personal loss
first reading, April 25, 2006
NOTE
2nd Session, 39th Parliament
This bill was introduced during the First Session of the 39th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Stoffer
391004
SUMMARY
This enactment provides for a commemorative cross to be issued by the Minister of National Defence to the surviving parent, spouse or common-law partner of a member of the Canadian Forces who has died in the service of their country. This cross was previously awarded pursuant to an order in council.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-226
An Act to provide for the issuance of the Memorial Cross as a memento of personal loss
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short title
1. This Act may be cited as the Memorial Cross Act.
Definitions
2. The definitions in this section apply in this Act.
“common-law partner”« conjoint de fait »
“common-law partner” means a person who cohabited with the deceased person in a conjugal relationship for at least one year during the time the deceased person was a member and who was cohabitating with the deceased person in a conjugal relationship at the time of the person's death.
“member”« membre »
“member” means a member of the Canadian Forces.
“Minister”« ministre »
“Minister” means the Minister of National Defence.
“parent”« père ou
mère »
“parent” means a person who, in the Minister’s opinion, raised the member from childhood.
“spouse”« époux »
“spouse” means the spouse of the deceased person while the person was a member but does not include a spouse who was separated from the person, by written agreement or legal process, at the time of death.
Issuance of Memorial Cross
3. The Minister shall issue the Memorial Cross as a memento of personal loss and sacrifice to each surviving parent, spouse or common-law partner of any person who has died during or as a result of service to their country as a member in an area of hostilities outside Canada, or while in transit to or from any such area, if the service of the member was pursuant to any action undertaken by Her Majesty in right of Canada under the Charter of the United Nations or the North Atlantic Treaty or any other similar instrument for collective defence.
Physical appearance
4. The Memorial Cross consists of a cross patonce in silver, suspended by a purple ribbon, with a crown placed at the end of the upright, a maple leaf placed at the foot and at the end of each arm, and the Royal Cypher of the reigning monarch placed within a laurel wreath at the centre. It is engraved with the name, rank and number of the deceased member.
5. Within 30 days of becoming aware of the death of a person referred to in section 3, the Minister shall inform in writing the surviving parents, spouse or common-law partner of their right to receive the Memorial Cross and the procedure for obaining it.
Application required
6. The Minister shall issue the Memorial Cross only upon application in writing by a parent, spouse or common-law partner of a person referred to in section 3. Every application shall be accompanied by proof of death, service and eligibility as required by the Minister.
Where intended recipient dies after becoming entitled
7. If a person dies after becoming entitled to receive the Memorial Cross, it shall be delivered to the eldest surviving next of kin of that person.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada