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Bill C-270

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First Session, Forty-second Parliament,
64-65 Elizabeth II, 2015-2016
HOUSE OF COMMONS OF CANADA
BILL C-270
An Act respecting the establishment and award of a Defence of Canada Medal (1946-1989)
FIRST READING, MAY 10, 2016
Mrs. Hughes
421042


SUMMARY
The purpose of this enactment is to establish a medal to be awarded to the persons who served in the defence of Canada during the period commencing on June 1, 1946 and ending on November 30, 1989.
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1st Session, 42nd Parliament,
64-65 Elizabeth II, 2015-2016
HOUSE OF COMMONS OF CANADA
BILL C-270
An Act respecting the establishment and award of a Defence of Canada Medal (1946-1989)
Preamble
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 by their efforts in defending Canada;
Whereas it was the role, voluntarily assumed, of these men and women from all parts of Canadian society to protect and maintain the capacity of the nation’s people to survive, as well as their democratic way of life;
Whereas their efforts and sacrifices have not been formally recognized;
And whereas the Parliament 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

Short title
1This Act may be cited as the Defence of Canada Medal Act (1946-1989).

Interpretation

Definitions
2The following definitions apply in this Act.
Canadian Forces means the armed forces referred to in section 14 of the National Defence Act, and includes any predecessor naval, army or air forces of Canada or Newfoundland. (Forces canadiennes)
Medal means the Defence of Canada Medal (1946-1989). (médaille)
Minister means the Minister of National Defence. (mi­nistre)
service excludes time served
(a) outside Canada in employment with intergovernmental organizations such as the North Atlantic Treaty Organization forces in Europe;
(b) at Canadian Forces Station Alert; or
(c) as a member of any peacekeeping mission in which Canada was involved, including the Korean War. (service)

Medal

Design of Medal
3The Governor in Council may determine the design of the Medal and its associated ribbon.
Purpose and award of Medal
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;
(b) police services that were trained and engaged in national survival and counter-espionage;
(c) provincial and municipal organizations whose role it was to protect the civilian population or render social and medical aid during a nuclear attack;
(d) recognized civilian organizations that undertook National Survival Training and stood ready to apply it in case of a national emergency; and
(e) the Canadian Coast Guard.
Single award
(2) The Medal is not to be awarded more than once to the same person.
Excluded persons
(3) The Medal is not to be awarded to a person within a class of persons excluded by the regulations.
Posthumous award
5(1) The Medal may be awarded posthumously.
Next of kin
(2) If 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.
Awards ceremony
6In 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.
Wearing of Medal
7The Medal is to be worn in accordance with the Canadian Order of Precedence of Orders, Decorations and Medals.
Nomination by Minister
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.
Nomination by Minister of Public Safety and Emergency Preparedness
(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.
Nomination by another Minister
(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

Regulations
9(1) 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 nomination process; and
(e) prescribing persons who may be considered as next of kin.
Report to Parliament
(2) If no regulations have been made under subsection (1) within two years after the day on which this section comes into force, the Minister must cause a report to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the expiry of that two-year period.
Reasons
(3) The report must include an explanation of the reasons why the regulations have not been made and establish a schedule for the making of those regulations.
Prerogative not affected
10Nothing in this Act limits the right of the Governor General to exercise all powers and authorities of Her Majesty in respect of the Medal.
Published under authority of the Speaker of the House of Commons

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