Bill C-226

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:

1. This Act may be cited as the Memorial Cross Act.

2. The definitions in this section apply in this Act.

“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” means a member of the Canadian Forces.

“Minister” means the Minister of National Defence.

“parent” means a person who, in the Minister’s opinion, raised the member from childhood.

“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.

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.

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.

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.

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.