Bill C-354

1st Session, 41st Parliament,

60 Elizabeth II, 2011

house of commons of canada

BILL C-354

An Act respecting the establishment and award of a Defence of Canada Medal (1946-1989)

Whereas the Cold War, which lasted from June 1946 when Sir Winston Churchill made his famous Iron Curtain speech until the fall of the Berlin Wall in November 1989, shaped the lives of the many men and women who served in the Canadian Forces, police organizations, national survival organizations, such as the Emergency Measures Organization, and civilian assistance organizations, such as St. John Ambulance, and who assisted in their efforts to defend Canada;

Whereas it was the role, voluntarily assumed, of these men and women from all parts of Canadian society to protect and maintain the survivability of the nation’s people and its democratic way of life;

Whereas their efforts and sacrifices have not been formally recognized;

And whereas the Government of Canada wishes to institute a Defence of Canada Medal (1946-1989) for these men and women to retroactively recognize their dedication and support;

Now therefore, 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 Defence of Canada Medal Act (1946-1989).

INTERPRETATION

2. The following definitions apply in this Act.

“Medal” means the Defence of Canada Medal (1946-1989).

“Minister” means the Minister of National Defence.

“service” includes time spent in Canadian air space and in Canadian territorial waters but excludes time served

(a) outside Canada during the period 1946-1989 in employment with such organizations as the NATO forces in Europe;

(b) in Alert, Nunavut; or

(c) as a member of any peacekeeping mission in which Canada was involved, including the Korean War.

MEDAL

3. The Governor in Council may determine the design of the Medal and its associated ribbon.

4. (1) The Medal may be awarded by the Governor in Council to any Canadian citizen or permanent resident with a minimum cumulative period of three years of service in one or more of the following organizations during the period commencing on June 1, 1946 and ending on November 30, 1989:

(a) the Canadian Forces and Regular Force, as well as their predecessors: the Royal Canadian Navy (RCN), the Canadian Army (Regular) and the Royal Canadian Air Force (RCAF);

(b) the Canadian Forces and Reserve Force, as well as their predecessors: the Royal Canadian Naval Reserve (RCNR), the Canadian Army (Militia), the RCAF Auxiliary and the Canadian Rangers;

(c) police services that were trained and engaged in national survival and counter-espionage;

(d) provincial and municipal organizations whose role it was to protect the civilian population or render social and medical aid during a nuclear attack;

(e) recognized civilian organizations that undertook National Survival Training and stood ready to apply it in case of a national emergency; and

(f) the Canadian Coast Guard.

(2) The Medal is not to be awarded more than once to the same person.

(3) The Medal is not to be awarded to a person within a class of persons excluded by the regulations.

5. (1) The Medal may be awarded posthumously.

(2) Where a Medal is awarded posthumously, it is presented to the next of kin specified by the person in whose name it is awarded or, if that next of kin is deceased or cannot be readily located, to the person best suited, in the opinion of the Minister, to receive it.

6. In order to acquaint younger Canadians with the historical period that the Medal covers, when an award is made, a ceremony must, whenever possible, be held in the presence of family members and the media.

7. The Medal is to be worn in accordance with the Canadian Order of Precedence of Orders, Decorations and Medals.

8. (1) The Minister must nominate for award of the Medal those persons who meet the qualifications prescribed by the regulations and who are members or former members of the Canadian Forces.

(2) The Minister of Public Safety and Emergency Preparedness must nominate for award of the Medal those persons who meet the qualifications prescribed by the regulations and who are members or former members of a Canadian police force.

(3) Any minister of the Crown may nominate for award of the Medal any person who meets the qualifications prescribed by the regulations and who is serving under the administration of the minister of the Crown or in a program under the administration of the minister of the Crown.

REGULATIONS

9. The Governor in Council may make regulations

(a) respecting the qualifications of persons or classes of persons who may be awarded the Medal;

(b) prescribing classes of persons who are excluded from entitlement to a Medal;

(c) specifying how the Medal is to be presented;

(d) respecting information relating to the application process; and

(e) prescribing persons who may be considered as next of kin.

10. Nothing in this Act limits the right of the Governor General to exercise all powers and authorities of Her Majesty in respect of the Medal.