Memorial Cross Order (World War II) (C.R.C., c. 1623)

Short Title

1 This Order may be cited as the Memorial Cross Order (World War II).

Interpretation

2 In this Order,

Cross

Cross means the Memorial Cross, which shall be a cross patonce in silver, suspended by a purple ribbon; at the end of the upright a crown; at the foot, and at the end of each arm, a maple leaf; in the centre, within a wreath of laurel, the Royal Cypher of the reigning monarch; engraved with the number, rank and name of the sailor, soldier, airman, merchant seaman or fire fighter commemorated; (Croix)

fire fighter

fire fighter means any person who served during World War II as a member of the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom, who was on service while in receipt of pay and allowances as a fire fighter outside the continents of North and South America, the islands adjacent thereto and the territorial waters thereof, including service in Greenland, Iceland or the Aleutian Islands but not including service in Newfoundland, Bermuda or the West Indies; (pompier)

merchant seaman

merchant seaman means any person who served during World War II as Master, Officer or member of the crew of

• (a) a ship registered in Canada,

• (b) a United Kingdom ship registered in Canada or elsewhere, or

• (c) a registered ship of one of the countries allied with His Majesty during World War II

if, in the case of a person who served on other than a ship registered in Canada, that person was born or domiciled in Canada or Newfoundland, or was an ordinary resident in Canada or Newfoundland at anytime during the period between September 9, 1929 and the date on which he commenced to so serve; (marin de la marine marchande)

Minister

Minister means the Minister of Veterans Affairs; (ministre)

mother

mother means the natural mother or, where the sailor, soldier, airman, merchant seaman or fire fighter was not raised from childhood by his natural mother, the woman who, in the opinion of the Minister, raised him from childhood; (mère)

sailor, soldier or airman

sailor, soldier or airman means any person who served during World War II in the naval, army or air forces of

• (a) His Majesty raised in Canada,

• (b) His Majesty, other than those raised in Canada, or

• (c) one of the countries allied with His Majesty during World War II

if, in the case of a person who served in other than the naval, army or air forces of His Majesty raised in Canada, that person was born or domiciled in Canada or Newfoundland or was an ordinary resident in Canada or Newfoundland at any time during the period between September 9, 1929 and the date on which he commenced to so serve; (marin, soldat, aviateur)

widow

widow includes the legal widow or widower of a sailor, soldier, airman, merchant seaman or fire fighter and any other person who is pensionable as a widow under the Pension Act or the Civilian War Pensions and Allowances Act by reason of death of the sailor, soldier, airman, merchant seaman or fire fighter or who, if the Pension Act or the Civilian War Pensions and Allowances Act had applied to her, could have been deemed to be the widow of the sailor, soldier, airman, merchant seaman or fire fighter, but does not include any person who was at the time of the death of the sailor, soldier, airman, merchant seaman or fire fighter, divorced, judicially separated or separated pursuant to a written or other agreement from him; (veuve)

World War II

World War II has the same meaning as in subsection 3(1) of the Pension Act. (Seconde Guerre mondiale)

• SI/91-69, s. 1

Award of the Cross

3 Subject to section 5, a Cross may be issued as a memento of personal loss and sacrifice on the part of the mother and widow of a sailor, soldier, airman, merchant seaman or fire fighter of Canada or Newfoundland who laid down his life for his country during World War II or who dies or died from causes attributable to service during World War II.

4 A Cross referred to in section 3 shall be issued in respect of a sailor, soldier, airman, merchant seaman or firefighter described in that section to only the following persons, namely,

• (a) to the mother, if alive,

• (b) to the widow, if alive,

• (c) where there is no person referred to in paragraph (a) or (b), to the eldest living child,

• (d) where there is no person referred to in paragraphs (a) to (c), to the father, if alive, and

• (e) where there is no person referred to in paragraphs (a) to (d), to the brother or sister, if alive, whichever is the eldest

of the sailor, soldier, airman, merchant seaman or firefighter.

5 A Cross or Crosses may be issued in respect of

• (a) each sailor, soldier or airman who

  • (i) was killed in action during World War II,

  • (ii) died while on active service during World War II, or

  • (iii) died or dies from causes attributable to service during World War II in the naval, military or air forces, whether his death occurred or occurs while serving on active service or subsequent thereto,

  except that, where death occurred or occurs subsequent to his discharge from the naval, military or air forces, a Cross may be issued to the widow or her next of kin only if she was married to the sailor, soldier or airman at the time of his discharge;

• (b) each merchant seaman who lost his life through enemy action during World War II or who died or dies from causes attributable to service as a merchant seaman during World War II, except that the Cross may be issued to the widow or her next of kin only if she was married to the merchant seaman at the time he sustained the injury or disability which resulted in his death; and

• (c) each fire fighter whose death occurred during his service while in receipt of pay and allowances as a fire fighter during World War II or who died or dies from causes attributable to such service, except that the Cross may be issued to the widow or her next of kin only if she was married to the fire fighter at the time he sustained the injury or disability which resulted in his death.

6 A Cross shall not be issued to a person referred to in section 4 unless that person furnishes proof of the death and service of the sailor, soldier, airman, merchant seaman or firefighter in respect of whom the cross may be issued and the eligibility of the person to be issued the Cross.