Vol. 147, No. 29 — July 20, 2013

ORDERS IN COUNCIL

GOVERNMENT HOUSE

Letters patent amending the Constitution of the Order of Canada, 1997

P.C. 2013-413  April 22, 2013

Whereas, by letters patent issued on March 21, 1967, the Order of Canada was instituted, erected, constituted and created in Canada;

Whereas those letters patent ordained, directed and appointed that the Order of Canada be governed by the Constitution of the Order of Canada annexed to the letters patent;

Whereas letters patent did issue on May 26, 1997, repealing the Constitution of the Order of Canada and replacing it with the Constitution of the Order of Canada, 1997;

And whereas it is desirable and Our Privy Council for Canada has advised that letters patent do issue amending the Constitution of the Order of Canada, 1997;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Prime Minister, orders that letters patent do issue, under the Great Seal of Canada, amending the Constitution of the Order of Canada, 1997 in accordance with the annexed schedule.

DAVID JOHNSTON

[Great Seal of Canada]

CANADA

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

To all to whom these presents shall come or whom the same may in any way concern,

GREETING:

Whereas, by Our letters patent issued on March 21, 1967, the Order of Canada was instituted, erected, constituted and created in Canada;

Whereas those letters patent ordained, directed and appointed that the Order of Canada be governed by the Constitution of the Order of Canada annexed to the letters patent;

Whereas letters patent did issue on May 26, 1997, repealing the Constitution of the Order of Canada and replacing it with the Constitution of the Order of Canada, 1997;

And whereas it is desirable and Our Privy Council for Canada has advised that letters patent do issue amending the Constitution of the Order of Canada, 1997;

Now know you that We, by and with the advice of Our Privy Council for Canada, do by these presents amend the Constitution of the Order of Canada, 1997 in accordance with the annexed schedule.

In witness whereof, We have caused these Our Letters to be made Patent and We have caused the Great Seal of Canada to be affixed.

WITNESS:

Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

At Our Government House, in Our City of Ottawa, this twenty-second day of April in the year of Our Lord two thousand and thirteen and in the sixty-second year of Our Reign.

BY HER MAJESTY’S COMMAND,

STEPHEN HARPER

PRIME MINISTER OF CANADA

SCHEDULE

1. Sections 2 and 3 of the Constitution of the Order of Canada, 1997 are replaced by the following:

2. The Order shall consist of Her Majesty the Queen, the Governor General of Canada and the Companions, Officers and Members, extraordinary Companions, Officers and Members and honorary Companions, Officers and Members.

ADMINISTRATION

3. (1) Her Majesty the Queen shall be the Sovereign of the Order.

(2) The Governor General of Canada shall be the Chancellor and Principal Companion of the Order and an extraordinary Companion and the Governor General’s spouse shall be an extraordinary Companion.

2. Paragraph 5(c) of the Constitution is replaced by the following:

  • (c) accepting any nomination for appointments as Companion, Officer or Member, extraordinary Companion, Officer or Member or honorary Companion, Officer or Member; and

3. Paragraph 8(b) of the Constitution is replaced by the following:

  • (b) compile and submit to the Governor General a list of those nominees in the divisions of Companion, Officer and Member, extraordinary Companion, Officer and Member and honorary Companion, Officer and Member who have the greatest merit; and

4. Sections 9 to 13 of the Constitution are replaced by the following:

9. (1) Any Canadian citizen may be appointed as a Companion, Officer or Member.

(2) In addition to any Governor General and his or her spouse and any former Governor General and that former Governor General’s spouse, a member of the Royal Family may be appointed as an extraordinary Companion, Officer or Member.

(3) A person who is not a Canadian citizen may be appointed as an honorary Companion, Officer or Member.

(4) A person is not a member of the Order by reason only of being appointed a member of the Council.

NOMINATIONS AND APPOINTMENTS

10. (1) Any person or organization may submit to the Secretary General for consideration by the Council a nomination of a Canadian citizen for appointment as a Companion, Officer or Member, of a member of the Royal Family for appointment as an extraordinary Companion, Officer or Member and of a non-Canadian citizen for appointment as an honorary Companion, Officer or Member.

(2) The Governor General may appoint as honorary Companions, Officers and Members a maximum of five persons in any year.

COMPANIONS

11. Appointments of persons as Companions, extraordinary Companions and honorary Companions shall be made in recognition of their outstanding achievement and merit of the highest degree, especially in service to Canada or to humanity at large.

12. (1) The Governor General shall cease to be Chancellor and Principal Companion at the end of the Governor General’s term but shall continue as an extraordinary Companion.

(2) The Governor General’s spouse shall continue to be an extraordinary Companion after the retirement or death of the Governor General.

(3) An appointment of any Governor General or his or her spouse or former Governor General or that former Governor General’s spouse as a Companion is deemed to be an appointment as an extraordinary Companion.

13. The number of Companions, other than the Principal Companion, extraordinary Companions and honorary Companions, is limited to 165.

5. Sections 16 to 19 of the Constitution are replaced by the following:

16. Appointments of persons as Officers, extraordinary Officers and honorary Officers shall be made for achievement and merit of a high degree, especially service to Canada or to humanity at large.

17. The Governor General may appoint as Officers, other than extraordinary Officers and honorary Officers, a maximum of 64 persons in any year.

MEMBERS

18. Appointments of persons as Members, extraordinary Members and honorary Members shall be made for distinguished service in or to a particular community, group or field of activity.

19. The Governor General may appoint as Members, other than extraordinary Members and honorary Members, a maximum of 136 persons in any year.

6. Section 21 of the Constitution is amended by adding the following after subsection (1):

(1.1) Extraordinary Companions, Officers and Members are entitled to

  • (a) wear such insignia as the Governor General may, by Ordinance, prescribe;

  • (b) surround their shield of arms with the circle and motto of the Order and suspend from it the ribbon and badge of their rank; and

  • (c) place after their name the letters associated with their rank, as set out in paragraph (1)(d).

7. Subsection 23(2) of the Constitution is replaced by the following:

(2) Any Companion, Officer or Member, extraordinary Companion, Officer or Member or honorary Companion, Officer or Member of the Order who resigns or whose appointment is terminated by ordinance shall return their insignia to the Secretary General.

[29-1-o]

GOVERNMENT HOUSE

Letters patent amending the Constitution of the Order of Military Merit, 2003

P.C. 2013-414 April 22, 2013

Whereas, by letters patent issued on May 10, 1972, the Order of Military Merit was instituted, erected, constituted and created in Canada;

Whereas those letters patent ordained, directed and appointed that the Order of Military Merit be governed by the Constitution of the Order of Military Merit annexed to the letters patent;

Whereas letters patent did issue on October 6, 1977, amending the Constitution of the Order of Military Merit;

Whereas letters patent did issue on December 5, 2003, repealing the Constitution of the Order of Military Merit and replacing it with the Constitution of the Order of Military Merit, 2003;

And whereas it is desirable and Our Privy Council for Canada has advised that letters patent do issue amending the Constitution of the Order of Military Merit, 2003;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Prime Minister, orders that letters patent do issue, under the Great Seal of Canada, amending the Constitution of the Order of Military Merit, 2003 in accordance with the annexed schedule.

DAVID JOHNSTON

[Great Seal of Canada]

CANADA

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

To all to whom these presents shall come or whom the same may in any way concern,

GREETING:

Whereas, by Our letters patent issued on May 10, 1972, the Order of Military Merit was instituted, erected, constituted and created in Canada;

Whereas those letters patent ordained, directed and appointed that the Order of Military Merit be governed by the Constitution of the Order of Military Merit annexed to the letters patent;

Whereas letters patent did issue on October 6, 1977, amending the Constitution of the Order of Military Merit;

Whereas letters patent did issue on December 5, 2003, repealing the Constitution of the Order of Military Merit and replacing it with the Constitution of the Order of Military Merit, 2003;

And whereas it is desirable and Our Privy Council for Canada has advised that letters patent do issue amending the Constitution of the Order of Military Merit, 2003;

Now know you that We, by and with the advice of Our Privy Council for Canada, do by these presents amend the Constitution of the Order of Military Merit, 2003 in accordance with the annexed schedule.

In witness whereof, We have caused these Our Letters to be made Patent and We have caused the Great Seal of Canada to be affixed.

WITNESS:

Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

At Our Government House, in Our City of Ottawa, this twenty-second day of April in the year of Our Lord two thousand and thirteen and in the sixty-second year of Our Reign.

BY HER MAJESTY’S COMMAND,

STEPHEN HARPER

PRIME MINISTER OF CANADA

SCHEDULE

1. Sections 2 and 3 of the Constitution of the Order of Military Merit, 2003 are replaced by the following:

2. The Order shall consist of Her Majesty the Queen, the Governor General of Canada, the Chief of the Defence Staff and the Commanders, Officers and Members, extraordinary Commanders, Officers and Members and honorary Commanders, Officers and Members.

ADMINISTRATION

3. (1) Her Majesty the Queen is the Sovereign of the Order.

(2) The Governor General of Canada is the Chancellor of the Order and an extraordinary Commander.

(3) The Chief of the Defence Staff is the Principal Commander of the Order and a Commander.

(4) The Governor General, at the end of his or her term in office, ceases to act as Chancellor but continues to be an extraordinary Commander.

(5) An appointment of any Governor General or former Governor General as a Commander is deemed to be an appointment as an extraordinary Commander.

(6) The Chief of the Defence Staff, at the end of his or her term in office, ceases to act as Principal Commander but continues to be a Commander.

2. (1) Section 8 of the Constitution is amended by adding the following after paragraph (a):

  • (a.1) consider nominations submitted under subsection 10(2.1) of persons of merit for admission to the Order as extraordinary Commanders, Officers or Members;

(2) Paragraph 8(c) of the Constitution is replaced by the following:

  • (c) compile and submit to the Chief of the Defence Staff a list of those nominees that the Council considers as having the greatest merit in each division of membership referred to in paragraphs (a), (a.1) and (b); and

3. Subsection 9(2) of the Constitution is replaced by the following:

(2) In addition to any Governor General and any former Governor General, only a member of the Royal Family is eligible to be appointed as an extraordinary Commander, Officer or Member.

(3) Only a member of a visiting force within the meaning of the Visiting Forces Act is eligible to be appointed as an honorary Commander, Officer or Member for service to Canada or the Canadian Forces while fulfilling military duties.

4. Section 10 of the Constitution is amended by adding the following after subsection (2):

(2.1) The Chief of the Defence Staff may submit to the Council, for consideration, the nomination of a member of the Royal Family for appointment as an extraordinary Commander, Officer or Member of the Order.

5. Section 11 of the Constitution is replaced by the following:

11. Appointments of persons as Commanders, extraordinary Commanders and honorary Commanders shall be made for outstanding meritorious service while fulfilling duties of great responsibility.

6. Section 14 of the Constitution is replaced by the following:

14. Appointments of persons as Officers, extraordinary Officers and honorary Officers shall be made for outstanding meritorious service while fulfilling duties of responsibility.

7. Section 17 of the Constitution is replaced by the following:

17. Appointments of persons as Members, extraordinary Members and honorary Members shall be made for exceptional service or performance of duty.

8. Section 22 of the Constitution is amended by adding the following after subsection (1):

(1.1) Extraordinary Commanders, Officers and Members are entitled to

  • (a) wear such insignia as the Governor General may, by ordinance, prescribe;

  • (b) surround their shield of arms with the circle and motto of the Order and suspend from it the ribbon and insignia of their rank; and

  • (c) place after their name the letters associated with their rank, as set out in paragraph (1)(d).

9. Subsection 24(2) of the Constitution is replaced by the following:

(2) Any Commander, Officer or Member, extraordinary Commander, Officer or Member, or honorary Commander, Officer or Member of the Order who resigns or whose appointment is terminated shall return their insignia to the Secretary General.

10. Subsection 25(3) of the Constitution is repealed.

[29-1-o]