Memorial Cross Order (World War I) (C.R.C., c. 1622)

Short Title

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

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 or soldier commemorated; (Croix)

Minister

Minister means the Minister of Veterans Affairs; (ministre)

mother

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

sailor

sailor means any person who served during World War I in

• (a) any branch of the Royal Canadian Naval Service,

• (b) any other of the Naval Forces of His Majesty, or

• (c) the Naval Forces of one of the countries allied with His Majesty during World War I

if, in the case of a person who served in other than a branch of the Royal Canadian Naval Service, 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 August 3, 1904 and the date on which he commenced to so serve; (marin)

soldier

soldier means any person who served during World War I in

• (a) the Canadian Expeditionary Force,

• (b) any of the other military forces of His Majesty, or

• (c) the military forces of one of the countries allied with His Majesty during World War I

if, in the case of a person who served in other than the Canadian Expeditionary Force, 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 August 3, 1904 and the date on which he commenced to so serve; (soldat)

widow

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

World War I

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

• SI/91-68, s. 1

Award of the Cross

3 Subject to section 5, a Cross may be issued as a memento of personnal loss and sacrifice on the part of the mother and widow of a sailor or soldier of Canada or Newfoundland who laid down his life for his country during World War I or who dies or died from causes attributable to service during World War 1.

4 A Cross referred to in section 3 shall be issued in respect of a sailor or soldier 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 or soldier.

5 A Cross or Crosses may be issued in respect of each sailor or soldier who:

• (a) was killed in action during World War I,

• (b) died while on active service during World War I, or

• (c) died or dies from causes attributable to service during World War I in the naval or military 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 or military forces, a Cross may be issued to the widow or her next of kin only if she was married to the sailor or soldier at the time of his discharge.

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 or soldier in respect of whom the cross may be issued and the eligibility of the person to be issued the Cross.