Vol. 143, No. 51 — December 19, 2009
Letters patent amending the Sacrifice Medal Regulations, 2009
P.C. 2009-1747 October 16, 2009
Whereas, by letters patent issued on April 17, 2008, the Sacrifice Medal was instituted and created in Canada;
Whereas those letters patent ordained, directed and appointed that the Sacrifice Medal shall be governed by the Sacrifice Medal Regulations annexed to the letters patent;
And whereas it is desirable and Our Privy Council for Canada has advised that letters patent do issue to amend the purpose of the Sacrifice Medal contained in the letters patent in order to accord recognition to any person enrolled in, attached to or working with the Canadian Forces who died or was wounded as a direct result of hostile action or to any member of the Canadian Forces who died as a result of an injury or disease related to military service and to repeal the Sacrifice Medal Regulations and to make the annexed Sacrifice Medal Regulations, 2009 in substitution;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Prime Minister, hereby orders that letters patent do issue, under the Great Seal of Canada,
(a) to amend the purpose of the Sacrifice Medal contained in the letters patent issued on April 17, 2008 in order to accord recognition to any person enrolled in, attached to or working with the Canadian Forces who died or was wounded as a direct result of hostile action or to any member of the Canadian Forces who died as a result of an injury or disease related to military service; and
(b) to repeal the Sacrifice Medal Regulations and to make the annexed Sacrifice Medal Regulations, 2009 in substitution.
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 and Defender of the Faith.
To ALL TO WHOM these Presents shall come or whom the same may in any concerns,
GREETING:
Whereas, by Our letters patent issued on April 17, 2008, We instituted and created in Canada the Sacrifice Medal for the purpose of according recognition to any person enrolled in, attached to or working with the Canadian Forces who died or was wounded as a direct result of hostile action;
Whereas We did, by those letters patent, ordain, direct and appoint that the Sacrifice Medal shall be governed by the Sacrifice Medal Regulations annexed to the letters patent;
And whereas it is desirable and Our Privy Council for Canada has advised that the purpose of the Sacrifice Medal contained in Our letters patent be amended in order to accord recognition to any person enrolled in, attached to or working with the Canadian Forces who died or was wounded as a direct result of hostile action or to any member of the Canadian Forces who died as a result of an injury or disease related to military service and that the Sacrifice Medal Regulations be repealed and the annexed Sacrifice Medal Regulations, 2009 be made in substitution;
Now know you that We, by and with the advice of Our Privy Council for Canada, do by these presents amend the purpose of the Sacrifice Medal contained in letters patent issued on April 17, 2008 in order to accord recognition to any person enrolled in, attached to or working with the Canadian Forces who died or was wounded as a direct result of hostile action or to any member of the Canadian Forces who died as a result of an injury or disease related to military service, and repeal the Sacrifice Medal Regulations, made by letters patent issued on April 17, 2008, and make the annexed Sacrifice Medal Regulations, 2009, in substitution therefor.
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 Michaëlle Jean, 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 sixth day of November in the year of Our Lord two thousand and nine and in the fifty-eight year of Our Reign.
BY HER MAJESTY’S COMMAND,
STEPHEN HARPER
PRIME MINISTER OF CANADA
SACRIFICE MEDAL REGULATIONS, 2009
INTERPRETATION
1. The following definitions apply in these Regulations.
“Bar” means the bar described in subsection 2(5). (barrette)
“Canadian Forces” means the Regular Force, Primary Reserve, Cadet Organizations Administration and Training Service and the Canadian Rangers. (Forces canadiennes)
“Medal” means the Sacrifice Medal described in section 2. (Médaille)
DESCRIPTION
2. (1) The Medal shall consist of a silver circular medal that is 36 mm across, has a claw at the top of it in the form of the Royal Crown, and is attached to a straight slotted bar.
(2) On the obverse of the Medal shall appear a contemporary effigy of Her Majesty the Queen of Canada, facing right, wearing a Canadian diadem composed alternately of maple leaves and snow flakes, and circumscribed with the inscriptions “ELIZABETH II DEI GRATIA REGINA” and “CANADA”, separated by small maple leaves.
(3) On the reverse of the Medal shall appear a representation of the statue named “Canada” – that forms part of the Canadian National Vimy Memorial – facing right, overlooking the horizon. The inscription “SACRIFICE” shall appear in the lower right half of the Medal.
(4) The Medal shall be suspended from a watered ribbon that is 32 mm in width consisting of a 10 mm black stripe in the middle that is flanked by 11 mm red stripes on which are centred 1 mm white stripes.
(5) The Bar to the Medal shall be in silver with raised edges and shall bear a centred, single silver maple leaf overall.
(6) The Medal shall be engraved on the rim with the service number, rank, forename initials and surname of any military recipient or with the forenames and surname of any civilian recipient.
ELIGIBILITY
3. (1) Subject to subsection (5), the Medal may be awarded to any person who is a member of the Canadian Forces, a member of an allied force who has worked as an integral part of the Canadian Forces such as exchange personnel or a Canadian citizen, deployed as part of a military mission, in the employ of Her Majesty in right of Canada or under contract with the Government of Canada, who has, on or after October 7, 2001, died or been wounded under honourable circumstances as a direct result of a hostile action or an action which was intended for a hostile force, on the condition that the wounds sustained required treatment by a physician and the treatment has been documented.
(2) The Medal may be awarded under subsection (1) in the following circumstances:
(a) death or wounds due to a terrorist attack, mine or bomb disposal duty, direct or indirect fire, rescue duty, or collision of an aircraft, vehicle or vessel, on the condition that the occurrence is directly related to a hostile action;
(b) death or wounds as a direct result of fire aimed at a hostile force or what is or was thought to be a hostile force;
(c) death or wounds that require not less than seven days of treatment in hospital, or an equivalent course of treatment, and that were caused by
(i) exposure to the elements as a consequence of an aircraft, vehicle or vessel being destroyed or disabled by a hostile action,
(ii) harsh treatment or neglect while a captive of a hostile force, or
(iii) the use of nuclear, biological or chemical agents by a hostile force; or
(d) mental disorders that are diagnosed according to the criteria set out in the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, as amended from time to time, and, based on a review by a qualified mental health care practitioner, are directly attributable to a hostile action or an action which was intended for a hostile force.
(3) Subject to paragraph (5)(d), the Medal may also be awarded to the following member or former member if they served on or after October 7, 2001 and died, on or after that date, under honourable circumstances as a result of an injury or disease related to military service:
(a) a member or former member of the Canadian Forces; or
(b) a member or former member of the Supplementary Reserve who served in or with the Canadian Forces.
(4) The Medal may be awarded under subsection (3) in the following circumstances:
(a) death as a result of mental disorders that are diagnosed according to the criteria set out in the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, as amended from time to time, and, based on a review by a qualified mental health care practitioner, are directly attributable to military service; or
(b) death related to service, including the following:
(i) during training or operations, following a vehicle accident, plane crash, shipwreck, parachute or diving accident, loss at sea, an accidental discharge of weapons, an ammunition handling accident, a fire or explosion, fatal fall, heart attack or as a result of a heat stroke, physical exhaustion or stress during mandated training, or
(ii) accidental death when travelling on duty.
(5) The Medal may not be awarded in the following circumstances, including:
(a) wounds due to exposure to the elements other than as set out in subparagraph (2)(c)(i), or caused by acts of God;
(b) wounds caused by an accident arising from employment in a theatre of operations but not directly attributable to a hostile action;
(c) wounds that were self-inflicted or caused by the victim’s negligence, other than in cases set out in paragraph (2)(d); or
(d) death while travelling to or from a place of duty.
4. (1) The Medal shall only be awarded to a person once, and any additional occasions on which the person is wounded under circumstances described in subsection 3(1) shall be recognized by the awarding of a Bar.
(2) If a person has died under circumstances described in subsection 3(1) and 3(3) after having been awarded the Medal, the person shall be recognized by the awarding of a Bar.
5. The Medal or Bar represents each occasion on which a person has been wounded but does not represent the number of wounds sustained on any one occasion.
AWARD
6. An award of the Medal and the Bars shall be made
(a) on the recommendation of the Chief of the Defence Staff, who shall make a list of all persons, military and civilian, who are eligible to be awarded the Medal or the Bars and shall forward the list to the Governor General; and
(b) by an instrument signed by the Governor General.
7. The Medal or Bar may be awarded posthumously.
PRESENTATION
8. Unless the Governor General otherwise directs, the Medal or Bar shall be presented to the recipient, as arranged by the Chief of the Defence Staff.
WEARING OF MEDAL AND BAR
9. (1) The Medal shall be worn on the left breast, suspended from the ribbon described in subsection 2(4). The Governor in Council shall determine the order of precedence of the Medal.
(2) A single Bar shall be worn centred on the ribbon.
(3) When several Bars are awarded, they shall be spaced evenly on the ribbon.
(4) When the undress ribbon is worn, a silver maple leaf shall be worn centred on the ribbon of the Medal to indicate the award of a Bar, a gold maple leaf shall be worn to indicate the award of a second Bar and a red maple leaf shall be worn to indicate the award of a third Bar. If more than three Bars have been awarded, the maple leaves shall be worn in combination so as to indicate the total number of Bars awarded.
10. A recipient of the Medal may wear a miniature medal, which is one-half the size of the Medal, on all occasions when the wearing of a miniature medal is customary.
CANCELLATION AND REINSTATEMENT
11. (1) The Governor General may, on the recommendation of the Chief of the Defence Staff,
(a) cancel or annul the award of the Medal or Bar to any person; and
(b) restore the award of a Medal or Bar that has been cancelled or annulled.
(2) If the award of a Medal or Bar is cancelled or annulled, the recipient’s name shall be deleted from the register referred to in paragraph 12(c).
ADMINISTRATION
12. The Director, Honours, Chancellery of Honours shall
(a) acquire the Medals and Bars;
(b) provide the Medals and Bars to the Chief of the Defence Staff;
(c) maintain a register containing the names of the recipients of the Medal and Bars and any other records relating to the award that the Director considers necessary; and
(d) perform any other functions in respect of awards of the Medal and Bars that the Governor General may require the Director to perform.
GENERAL
13. Nothing in these Regulations limits the right of the Governor General to exercise all of the powers and authorities of Her Majesty in respect of the Medal and Bar.
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