I NOSTRI AVI

The Constitution of the Order of Canada


INTERPRETATION
1. The definitions in this section apply in this Constitution.

"Companion" means a Companion of the Order. (compagnon)
"Council" means the Advisory Council for the Order referred to in section 7. (Conseil)
"Member" means a Member of the Order. (membre)
"Officer" means an Officer of the Order. (officier)
"Order" means the Order of Canada. (Ordre)
"Secretary General" means the Secretary General of the Order. (secrétaire général)

THE ORDER OF CANADA
2. The Order of Canada shall consist of Her Majesty in right of Canada, the Governor General of Canada, the Governor General's spouse and the Companions, Officers and Members and the honorary Companions, Officers and Members.


ADMINISTRATION
3. The Governor General of Canada shall be the Chancellor and Principal Companion of the Order, and the Governor General's spouse shall be a Companion.

4. The Chancellor is responsible for the administration of the Order.

5. The Secretary to the Governor General shall be the Secretary General of the Order, and shall be responsible for

(a) maintaining the records of the Order and of the Council;
(b) making the necessary arrangements for the conferment of insignia;
(c) accepting any nomination for appointments as Companion, Officer, Member, or honorary Companion, Officer or Member;
(d) performing such other functions in respect of the Order as the Governor General may request.
6. The Governor General may appoint such other officials for the Order as the Governor General considers advisable.


COUNCIL
7. (1) The Advisory Council for the Order shall consist of the following members:

(a) the Chief Justice of Canada, who shall act as Chairperson of the Council;

(b) the Clerk of the Privy Council;

(c) the Deputy Minister of the Department of Canadian Heritage;

(d) the Chairperson of the Canada Council;

(e) the President of the Royal Society of Canada;

(f) the Chairperson of the Board of Directors of the Association of Universities and Colleges of Canada; and

(g) not more than five additional members appointed pursuant to subsection (2).

(2) The Governor General may, on the recommendation of the members of the Council referred to in paragraphs (1) (a) to (f), appoint five persons belonging to the Order as members of the Council for a three-year term.

(3) The Governor General may, on the recommendation of the members of the Council referred to in paragraphs (1) (a) to (f), extend the term of one or more members of the Council appointed pursuant to subsection (2) by two years.

(4) The Council shall invite the Deputy Minister of the Department of Foreign Affairs and International Trade to participate in the review of nominations for honorary Companions, Officers and Members.

8. The Council shall

(a) consider those nominations referred to in paragraph 5 (c) that the Secretary General has transmitted to it;

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

(c) advise the Governor General on such matters as the Governor General may refer to the Council.


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

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

(3) A person is not a member of the Order by reason only of being appointed as 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, 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 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 to be a Companion.

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

13. The number of Companions, other than honorary Companions, is limited to one hundred and sixtyfive, in addition to Her Majesty the Queen, the Principal Companion and the Principal Companion's spouse, any former Governor General and that former Governor General's spouse.

14. Where the maximum number of Companions has been appointed, no other person may be appointed as a Companion until a vacancy occurs.

15. In the event of a vacancy, the Governor General may appoint a new Companion, and may fill a maximum of fifteen such vacancies in any year.


OFFICERS
16. Appointments of persons as 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 honorary Officers, a maximum of sixty-four persons in any year.


MEMBERS
18. Appointments of persons as 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 honorary Members, a maximum of one hundred and thirty-six persons in any year.


INSTRUMENT OF APPOINTMENT
20. (1) Appointments to the Order shall be made by instrument signed by the Governor General and sealed with the Seal of the Order.

(2) Unless otherwise provided in the instrument of appointment, an appointment shall take effect on the date on which the instrument of appointment is sealed.


DESIGNATIONS, INSIGNIA AND ARMORIAL BEARINGS
21. (1) Companions, Officers and Members are entitled to

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

(b) petition the Chief Herald of Canada to grant lawful armorial bearings, which in the case of Companions may include supporters;

(c) surround their shield of arms with the circle and motto of the Order and suspend therefrom the ribbon and badge of their rank; and

(d) place after their name the letters associated with their rank, namely,

(i) "C.C.", in the case of a Companion,

(ii) "O.C.", in the case of an Officer, or

(iii) "C.M.", in the case of a Member.

(2) Honorary Companions, Officers and Members are entitled to

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

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

22. The insignia of the Order shall be worn in the sequence prescribed and in the manner described in publications issued by The Chancellery.

23. (1) Except as otherwise provided in an Ordinance, the insignia of the Order shall remain the property of the Order.

(2) Where a person who is a Companion, Officer or Member or an honorary Companion, Officer or Member, resigns from the Order or where a person's appointment to the Order is terminated by Ordinance, the person shall return the person's insignia to the Secretary General.


RANKS
24. (1) The Governor General may

(a) elevate any Member, with the Member's consent, to the rank of Officer or Companion; or

(b) elevate any Officer, with the Officer's consent, to the rank of Companion.

(2) A person elevated to a higher rank is entitled to wear the insignia of that rank and to place the letters associated with that rank after the person's name.

(3) No person shall

(a) hold more than one appointment to the Order at any time; or

(b) place after the person's name the letters, or retain the insignia, pertaining to the previous appointment to the Order.


TERMINATION OF MEMBERSHIP IN THE ORDER
25. A person's membership in the Order ceases when

(a) the person dies;

(b) the Governor General accepts the person's resignation from the Order, which resignation shall have been made in writing and given to the Secretary General; or

(c) the Governor General makes an Ordinance terminating the person's appointment to the Order.


ORDINANCES
26. The Governor General may make Ordinances respecting the government and insignia of the Order and the termination of a person's appointment to the Order.


MOTTO
27. The motto of the Order shall be: DESIDERANTES MELIOREM PATRIAM (Those who desire a better country).


SEAL
28. (1) The Seal of the Order, which is set out in the schedule, shall be committed to the custody of the Governor General.

(2) No appointment, termination of appointment, award or Ordinance shall have effect unless it has been sealed with the Seal of the Order.

Mario Volpe ha scritto:discussione...(rimasta senza seguiti)

Vol. 138, No. 8 — February 21, 2004
ORDERS IN COUNCIL
GOVERNMENT HOUSE
Letters Patent Amending the Constitution of the Order of Military Merit
P.C. 2003-1295 August 22, 2003
Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, hereby directs that Letters Patent do issue, under the Great Seal of Canada, replacing the Constitution of the Order of Military Merit, made by Letters Patent on July 1, 1972 and amended on October 6, 1977, with the annexed Constitution of the Order of Military Merit, 2003.
ELIZABETH R.
[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 We did by Our Letters Patent, issued on July 1, 1972, ordain, direct and appoint that the Order of Military Merit be governed by the Constitution of the Order of Military Merit, which was set out in the schedule to Our said Letters Patent;
AND WHEREAS it is desirable and Our Privy Council for Canada has advised that Letters Patent do issue replacing that Constitution with the annexed 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 replace the Constitution of the Order of Military Merit with the annexed Constitution of the Order of Military Merit, 2003.
IN WITNESS WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
Our Right Trusty and Well-beloved Adrienne Clarkson, 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 fifth day of December in the year of Our Lord two thousand and three and in the fifty-second year of Our Reign.
BY HER MAJESTY'S COMMAND
JEAN CHRÉTIEN
PRIME MINISTER OF CANADA
CONSTITUTION OF THE ORDER OF
MILITARY MERIT, 2003
INTERPRETATION
1. The definitions in this section apply in this Constitution.
"Commander" means a Commander of the Order. (commandeur)
"Council" means the Advisory Council established by section 7. (Conseil)
"Member" means a Member of the Order (membre)
"member of the Canadian Forces" means an officer or non-commissioned member within the meaning of the National Defence Act. (membre des Forces canadiennes)
"Officer" means an Officer of the Order. (officier)
"Order" means the Order of Military Merit. (Ordre)
"Secretary General" means the Secretary General of the Order. (secrétaire général)
COMPOSITION
2. The Order shall consist of Her Majesty in right of Canada, the Governor General of Canada, the Principal Commander, the Commanders, Officers and Members and the honorary Commanders, Officers and Members.
ADMINISTRATION
3. (1) The Governor General of Canada is the Chancellor of the Order and a Commander of the Order.
(2) The Chief of the Defence Staff is the Principal Commander of the Order.
(3) The Governor General and the Chief of the Defence Staff, at the end of their respective terms of office, cease to act as Chancellor and Principal Commander respectively but shall continue to be Commanders of the Order.
4. The Chancellor is responsible for the administration of the Order.
5. The Secretary to the Governor General is the Secretary General of the Order and is responsible for
(a) maintaining the records of the Order and of the Council;
(b) arranging for investitures; and
(c) performing such other functions in respect of the Order as the Governor General may request.
6. (1) The Governor General may appoint such officials for the administration of the Order as the Governor General considers necessary.
(2) A person does not belong to the Order by reason only of being part of the Council or an official of the Order.
COUNCIL
7. There is hereby established the Advisory Council for the Order, which shall consist of the following persons:
(a) the Chief of the Defence Staff, who is the Chair of the Council;
(b) one person who shall be appointed by the Governor General; and
(c) four other persons who are members of the Canadian Forces and shall be appointed by the Chief of the Defence Staff.
8. The Council shall
(a) consider nominations submitted under subsection 10(1) of persons of merit for admission to the Order as Commanders, Officers or Members;
(b) consider nominations submitted under subsection 10(3) of persons of merit for admission to the Order as honorary Commanders, Officers or Members;
(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 category of membership referred to in paragraphs (a) and (b); and
(d) advise the Chief of the Defence Staff on any matters that the Chief of the Defence Staff may refer to the Council.
ELIGIBILITY
9. (1) Only members of the Canadian Forces are eligible to be appointed as Commanders, Officers or Members of the Order.
(2) Only members of a visiting force within the meaning of the Visiting Forces Act are eligible to be appointed as honorary Commanders, Officers or Members of the Order, for outstanding meritorious service to Canada or the Canadian Forces while fulfilling military duties of responsibility.
NOMINATIONS AND APPOINTMENTS
10. (1) Any member of the Canadian Forces may submit to the Chief of the Defence Staff the nomination of another member of the Canadian Forces for appointment as Commander, Officer or Member of the Order.
(2) The Chief of the Defence Staff shall submit to the Council, for consideration, the list of the members of the Canadian Forces who have been nominated under subsection (1).
(3) The Chief of the Defence Staff may submit to the Council, for consideration, the nomination of any member of a visiting force within the meaning of the Visiting Forces Act for appointment as an honorary Commander, Officer or Member of the Order.
(4) On receipt of the list of nominees from the Council, the Chief of the Defence Staff shall recommend the nominees to the Governor General.
(5) The Governor General may appoint as Commanders, Officers and Members of the Order, in any year, a number of eligible persons that does not exceed one-tenth of one per cent of the average number of persons who were members of the Canadian Forces during the preceding year.

COMMANDERS
11. Appointments of persons as Commanders and honorary Commanders shall be made for outstanding meritorious service while fulfilling duties of great responsibility.
12. The Governor General may appoint as Commanders, in any year, a number of eligible persons that does not exceed six per cent of the total number of eligible persons set out in subsection 10(5), in the Order for that year.
13. The Governor General may appoint a maximum of one honorary Commander in any year.
OFFICERS
14. Appointments of persons as Officers and honorary Officers shall be made for outstanding meritorious service while fulfilling duties of responsibility.
15. The Governor General may appoint as Officers, in any year, a number of eligible persons that does not exceed thirty per cent of the total number of eligible persons set out in subsection 10(5) for that year.
16. The Governor General may appoint a maximum of one honorary Officer in any year.
MEMBERS
17. Appointments of persons as Members and honorary Members shall be made for exceptional service or performance of duty.
18. The Governor General may appoint as Members, in any year, a number of eligible persons that does not exceed the difference between
(a) the total number of eligible persons set out in subsection 10(5) in the Order for that year, and
(b) the aggregate of the number of persons appointed as Commanders and Officers in that year.
19. The Governor General may appoint a maximum of one honorary Member in any year.
RANKS
20. (1) The Governor General may, on the recommendation of the Chief of the Defence Staff,
(a) elevate any Member, with the Member's consent, to the rank of Officer or Commander; and
(b) elevate any Officer, with the Officer's consent, to the rank of Commander.
(2) A person elevated to a higher rank is entitled to wear the insignia of that rank and to place the letters associated with that rank after the person's name.
(3) No person shall
(a) hold more than one appointment to the Order at any time; or
(b) place after the person's name the letters, or retain the insignia, pertaining to the person's previous appointment to the Order.

INSTRUMENT OF APPOINTMENT
21. (1) Any appointment to the Order shall be made by instrument signed by the Governor General and sealed with the Seal of the Order.
(2) Unless otherwise provided in the instrument of appointment, an appointment shall take effect on the day on which the instrument of appointment is sealed.

DESIGNATION, INSIGNIA AND COAT OF ARMS
22. (1) Commanders, Officers and Members are entitled to:
(a) wear such insignia as the Governor General may, by ordinance, prescribe;
(b) petition the Chief Herald of Canada to grant coat of arms, which in the case of Commanders may include supporters;
(c) surround the shield of arms with the circle and motto of the Order and suspend therefrom the ribbon and insignia of their rank; and
(d) place after their name the following letters associated with their rank, namely
(i) "C.M.M." in the case of a Commander,
(ii) "O.M.M." in the case of an Officer, or
(iii) "M.M.M." in the case of a Member.
(2) Honorary Commanders, Officers and Members are entitled to
(a) wear such insignia as the Governor General may, by ordinance, prescribe; and
(b) place after their name the letters associated with their rank, as set out in paragraph (1)(d).
23. The insignia of the Order shall be worn in the sequence prescribed and in the manner described in publications issued by the Chancellery of Honours.
24. (1) Except as may otherwise be provided by ordinance, the insignia of the Order shall remain the property of the Order.
(2) Where a person who is a Commander, Officer or Member or an honorary Commander, Officer or Member, resigns from the Order, or where a person's appointment to the Order is terminated by Ordinance, the person shall return the person's insignia to the Secretary General.
TERMINATION OF MEMBERSHIP
25. (1) A person's membership in the Order ceases when
(a) the person dies;
(b) the Governor General accepts the person's resignation from the Order, which resignation shall have been made in writing and given to the Secretary General; or
(c) the Governor General makes an ordinance terminating the person's appointment to the Order.
(2) An ordinance terminating an appointment to the Order shall take effect on the day on which it is sealed with the Seal of the Order.
(3) Where a person's membership in the Order ceases, for any other reason than death, the person shall immediately return the person's insignia to the Secretary General.

ORDINANCES
26. (1) The Governor General may make ordinances in respect of the administration and insignia of the Order and the termination of a person's appointment to the Order.
(2) No ordinance shall be made that is inconsistent with this Constitution.
(3) An ordinance shall come into force on the day it is sealed with the Seal of the Order.

MOTTO
27. The motto of the Order shall be: OFFICIUM ANTE COMMODUM.
SEAL
28. The Seal of the order is set out in the schedule and shall be committed to the custody of the Governor General.
POWERS AND AUTHORITY
29.Nothing in this Constitution shall limit the right of the Governor General to exercise all powers and authorities of Her Majesty in respect of the Order.

SCHEDULE
(Section 28)