INTERPRETATION
1. The definitions in this section apply in this Constitution.
“Commander” means a Commander of the Order. (commandeur)
“Council” means the Advisory Council established by section 7. (Conseil)
“Member” means a Member of the Order (membre)
“member of the Canadian Forces” means an officer or non-commissioned member within the meaning of the National Defence Act. (membre des Forces canadiennes)
“Officer” means an Officer of the Order. (officier)
“Order” means the Order of Military Merit. (Ordre)
“Secretary General” means the Secretary General of the Order. (secrétaire général)
COMPOSITION
2. The Order shall consist of Her Majesty the Queen, the Governor General of Canada, the Chief of the Defence Staff and the Commanders, Officers and Members, extraordinary Commanders, Officers and Members and honorary Commanders, Officers and Members.
ADMINISTRATION
3. (1) Her Majesty the Queen is the Sovereign of the Order.
(2) The Governor General of Canada is the Chancellor of the Order and an extraordinary Commander.
(3) The Chief of the Defence Staff is the Principal Commander of the Order and a Commander.
(4) The Governor General, at the end of his or her term in office, ceases to act as Chancellor but continues to be an extraordinary Commander.
(5) An appointment of any Governor General or former Governor General as a Commander is deemed to be an appointment as an extraordinary Commander.
(6) The Chief of the Defence Staff, at the end of his or her term in office, ceases to act as Principal Commander but continues to be a Commander.
4. The Chancellor is responsible for the administration of the Order.
5. The Secretary to the Governor General is the Secretary General of the Order and is responsible for
(a) maintaining the records of the Order and of the Council;
(b) arranging for investitures; and
(c) performing such other functions in respect of the Order as the Governor General may request.
6. (1) The Governor General may appoint such officials for the administration of the Order as the Governor General considers necessary.
(2) A person does not belong to the Order by reason only of being part of the Council or an official of the Order.
COUNCIL
7. There is hereby established the Advisory Council for the Order, which shall consist of the following persons:
(a) the Chief of the Defence Staff, who is the Chair of the Council;
(b) one person who shall be appointed by the Governor General; and
(c) four other persons who are members of the Canadian Forces and shall be appointed by the Chief of the Defence Staff.
8. The Council shall
(a) consider nominations submitted under subsection 10(1) of persons of merit for admission to the Order as Commanders, Officers or Members;
(a.1) consider nominations submitted under subsection 10(2.1) of persons of merit for admission to the Order as extraordinary Commanders, Officers or Members
(b) consider nominations submitted under subsection 10(3) of persons of merit for admission to the Order as honorary Commanders, Officers or Members;
(c) compile and submit to the Chief of the Defence Staff a list of those nominees that the Council considers as having the greatest merit in each division of membership referred to in paragraphs (a), (a.1) and (b); and
(d) advise the Chief of the Defence Staff on any matters that the Chief of the Defence Staff may refer to the Council.
ELIGIBILITY
9. (1) Only members of the Canadian Forces are eligible to be appointed as Commanders, Officers or Members of the Order.
(2) In addition to any Governor General and any former Governor General, only a member of the Royal Family is eligible to be appointed as an extraordinary Commander, Officer or Member.
(3) Only a member of a visiting force within the meaning of the Visiting Forces Act are is eligible to be appointed as an honorary Commander, Officer or Member of the Order, for outstanding meritorious service to Canada or the Canadian Forces while fulfilling military duties.
NOMINATIONS AND APPOINTMENTS
10. (1) Any member of the Canadian Forces may submit to the Chief of the Defence Staff the nomination of another member of the Canadian Forces for appointment as Commander, Officer or Member of the Order.
(2) The Chief of the Defence Staff shall submit to the Council, for consideration, the list of the members of the Canadian Forces who have been nominated under subsection (1).
(2.1) The Chief of the Defence Staff may submit to the Council, for consideration, the nomination of a member of the Royal Family for appointment as an extraordinary Commander, Officer or Member of the Order.
(3) The Chief of the Defence Staff may submit to the Council, for consideration, the nomination of any member of a visiting force within the meaning of the Visiting Forces Act for appointment as an honorary Commander, Officer or Member of the Order.
(4) On receipt of the list of nominees from the Council, the Chief of the Defence Staff shall recommend the nominees to the Governor General.
(5) The Governor General may appoint as Commanders, Officers and Members, in any year, a number of eligible persons that does not exceed 0.1% of the average number of persons who were members of the Canadian Forces during the preceding year.
COMMANDERS
11. Appointments of persons as Commanders, extraordinary Commanders and honorary Commanders shall be made for outstanding meritorious service while fulfilling duties of great responsibility.
12. The Governor General may appoint as Commanders, in any year, a number of eligible persons that does not exceed 5% of the total number of eligible persons set out in subsection 10(5) for that year.
13. The Governor General may appoint a maximum of one honorary Commander in any year.
OFFICERS
14. Appointments of persons as Officers, extraordinary Officers and honorary Officers shall be made for outstanding meritorious service while fulfilling duties of responsibility.
15. The Governor General may appoint as Officers, in any year, a number of eligible persons that does not exceed 20% of the total number of eligible persons set out in subsection 10(5) for that year.
16. The Governor General may appoint a maximum of one honorary Officer in any year.
MEMBERS
17. Appointments of persons as Members, extraordinary Members and honorary Members shall be made for exceptional service or performance of duty.
18. The Governor General may appoint as Members, in any year, a number of eligible persons that does not exceed the difference between
(a) the total number of eligible persons set out in subsection 10(5) in the Order for that year, and
(b) the aggregate of the number of persons appointed as Commanders and Officers in that year.
19. The Governor General may appoint a maximum of one honorary Member in any year.
RANKS
20. (1) The Governor General may, on the recommendation of the Chief of the Defence Staff,
(a) elevate any Member, with the Member consent, to the rank of Officer or Commander; and
(b) elevate any Officer, with the Officer consent, to the rank of Commander.
(2) A person elevated to a higher rank is entitled to wear the insignia of that rank and to place the letters associated with that rank after the person name.
(3) No person shall
(a) hold more than one appointment to the Order at any time; or
(b) place after the person name the letters, or retain the insignia, pertaining to the person previous appointment to the Order.
INSTRUMENT OF APPOINTMENT
21. (1) Any appointment to the Order shall be made by instrument signed by the Governor General and sealed with the Seal of the Order.
(2) Unless otherwise provided in the instrument of appointment, an appointment shall take effect on the day on which the instrument of appointment is sealed.
DESIGNATION, INSIGNIA AND COAT OF ARMS
22. (1) Commanders, Officers and Members are entitled to:
(a) wear such insignia as the Governor General may, by ordinance, prescribe;
(b) petition the Chief Herald of Canada to grant coat of arms, which in the case of Commanders may include supporters;
(c) surround the shield of arms with the circle and motto of the Order and suspend therefrom the ribbon and insignia of their rank; and
(d) place after their name the following letters associated with their rank, namely
- “C.M.M.” in the case of a Commander,
- “O.M.M.” in the case of an Officer, or
- “M.M.M.” in the case of a Member.
(1.1) Extraordinary Commanders, Officers and Members are entitled to:
(a) wear such insignia as the Governor General may, by ordinance, prescribe;
(b) surround the shield of arms with the circle and motto of the Order and suspend therefrom the ribbon and insignia of their rank; and
(c) place after their name the letters associated with their rank, as set out in paragraph (1)(d).
(2) Honorary Commanders, Officers and Members are entitled to
(a) wear such insignia as the Governor General may, by ordinance, prescribe; and
(b) place after their name the letters associated with their rank, as set out in paragraph (1)(d).
23. The insignia of the Order shall be worn in the sequence prescribed and in the manner described in publications issued by the Chancellery of Honours.
24. (1) Except as may otherwise be provided by ordinance, the insignia of the Order shall remain the property of the Order.
(2) Any Commander, Officer or Member, extraordinary Commander, Officer or Member, or honorary Commander, Officer or Member of the Order who resigns or whose appointment is terminated shall return their insignia to the Secretary General.
TERMINATION OF MEMBERSHIP
25. (1) A person’s membership in the Order ceases when
(a) the person dies;
(b) the Governor General accepts the person's resignation from the Order, which resignation shall have been made in writing and given to the Secretary General; or
(c) the Governor General makes an ordinance terminating the person’s appointment to the Order.
(2) An ordinance terminating an appointment to the Order shall take effect on the day on which it is sealed with the Seal of the Order.
ORDINANCES
26. (1) The Governor General may make ordinances in respect of the administration and insignia of the Order and the termination of a person’s appointment to the Order.
(2) No ordinance shall be made that is inconsistent with this Constitution.
(3) An ordinance shall come into force on the day it is sealed with the Seal of the Order.
MOTTO
27. The motto of the Order shall be: OFFICIUM ANTE COMMODUM.
SEAL
28. The Seal of the order is set out in the schedule and shall be committed to the custody of the Governor General.
POWERS AND AUTHORITY
29. Nothing in this Constitution shall limit the right of the Governor General to exercise all powers and authorities of Her Majesty in respect of the Order.