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Bill C-300

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-300

An Act to amend the Criminal Code (wearing of war decorations)

R.S., c. C-46

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 419 of the Criminal Code is renumbered as subsection 419(1) and is amended by adding the following:

Exception

(2) No person who is a relative of a deceased or incapacitated veteran commits an offence under paragraph (1)(b) where the person wears a distinctive mark relating to wounds received or service performed in war by that veteran or wears a military medal, ribbon, badge, chevron or any decoration or order that is awarded to that veteran for war services and the person does so

    (a) on Remembrance Day;

    (b) at any public function or ceremony commemorating or relating to the commemoration of veterans; or

    (c) in any circumstance prescribed by a regulation made under section 419.1.

Definitions

(3) The definitions in this subsection apply in subsection (2) and this subsection.

``brother''
« frère »

``brother'' includes half-brother.

``Canadian Order, Decorations and Medals Directive''
« Directive concernant les ordres, décorations et médailles au Canada »

``Canadian Order, Decorations and Medals Directive'' means the Canadian Order, Decorations and Medals Directive established by Order in Council P.C. 1990-2307 of October 25, 1990.

*ep

``decoration''
« décoration »

``decoration'' means a decoration listed in the Canadian Order, Decorations and Medals Directive.

``incapacitate d''
« incapable d'agir »

``incapacitated'' means incapable, for any reason, to attend a ceremony referred to in subsection (2).

``medal''
« médaille »

``medal'' means a medal listed in the Canadian Order, Decorations and Medals Directive.

``order''
« ordre »

``order'' means an order listed in the Canadian Order, Decorations and Medals Directive.

``relative''
« parent »

``relative'' means the widow or widower of a deceased or incapacitated veteran or a parent, child, brother, sister, grandparent or grandchild, or any direct descendent, whether or not by blood relationship, of a deceased or incapacitated veteran. For greater certainty, a child of a second or subsequent marriage, a foster child, an adoptive child or a child publicly presented by the veteran, before his or her death or before becoming incapacited, as his or her natural child is a relative of the veteran for the purposes of this definition.

``sister''
« soeur »

``sister'' includes half-sister.

``veteran''
« ancien combattant »

``veteran'' has the meaning assigned in section 2 of the War Veterans Allowance Act.

2. The Act is amended by adding the following after section 419:

Regulations

419.1 The Governor in Council may make regulations for the purposes of paragraph 419(2)(c).