Policy and Procedure for Termination of Appointment to the Order Of Canada
Policy
1. Paragraph 25(c) of the Constitution of the Order of Canada provides for termination of a person's appointment to the Order by an ordinance made by the Governor General.
2. A person’s appointment to the Order of Canada may be terminated by the Governor General on the recommendation of the Advisory Council. The recommendation of the Advisory Council shall be based on evidence and guided by the principle of fairness and shall only be made after the Council has ascertained the facts it considers relevant.
3. The Advisory Council shall consider the termination of a person's appointment to the Order of Canada if
(a) the person has been convicted of a criminal offence; or
(b) the conduct of the person
(i) constitutes a significant departure from generally-recognized standards of public behaviour which is seen to undermine the credibility, integrity or relevance of the Order, or detracts from the original grounds upon which the appointment was based; or
(ii) has been subject to official sanction, such as a fine or a reprimand, by an adjudicating body, professional association or other organization.
4. Termination of an appointment to the Order of Canada is the sole sanction for a person appointed to the Order.
Procedure
5. The termination procedure will proceed in the following stages:
Stage 1- A request to consider the termination of an appointment to the Order of Canada may be made by any person in writing to the Deputy Secretary, The Chancellery. After review, if the grounds for termination are considered to be insufficient or spurious, the Deputy Secretary, after consultation with the Secretary General of the Order, will send a reply to the person who made the request to that effect.
The Deputy Secretary may initiate a request for termination on his/her own accord.
Stage 2- If the Deputy Secretary determines that there may be reasonable grounds for termination of the appointment, the request will be forwarded by the Secretary General to the Advisory Council for its consideration.
Stage 3- The Advisory Council will consider the request and if, in its opinion, there are insufficient grounds to proceed further, the Secretary General will send a reply to the person who made the request to that effect.
Stage 4- If the Advisory Council determines that there may be reasonable grounds for termination of the appointment, the request will be subject to the remainder of the termination process.
Stage 5- The Secretary General, on behalf of the Advisory Council, will send, by registered mail, a written notice advising the person, on the basis of the allegations of fact set out in the notice, that termination of his or her appointment to the Order is under consideration. The notice will advise the person that, within the time prescribed in the notice, he or she may
(a) resign from the Order (see stage 6); or
(b) make representations respecting the matter under consideration or any allegation of fact set out in the notice.
The notice will also indicate that the termination process will continue, even if the person omits to reply within the prescribed time.
Stage 6- If the person chooses to resign from the Order, the person will notify the Secretary General in writing of that fact within the time prescribed in the notice. After the acceptance of the person's resignation by the Governor General pursuant to paragraph 25(b) of the Constitution of the Order of Canada, the person's name will be struck from any list held by the Chancellery and, pursuant to subsection 23(2) of the Constitution of the Order of Canada, the person must return the person's insignia to the Secretary General of the Order.
Stage 7- If the person elects to make representations respecting the matter under consideration or any allegation of fact set out in the notice, the person or his or her representative may, within the time prescribed in the notice or as otherwise authorized by the Secretary General, make representations in writing or as the Secretary General may authorize.
Stage 8- If, within the time prescribed in the notice or authorized by the Secretary General, the person fails to reply to the notice, the Secretary General will request the Advisory Council to review the case in accordance with the procedures provided for in stage 9.
Stage 9- If the person has made representations, the Secretary General will send all relevant documentation to the Advisory Council for its consideration. After due consideration, the Advisory Council will prepare for the Governor General a report that contains its recommendation with respect to whether or not to terminate the person's appointment to the Order.
Stage 10- On receiving the report referred to in stage 9, the Governor General may
(a) request the Secretary General to either advise the person in question that he or she remains in the Order in good standing; or
(b) pursuant to paragraph 25(c) of the Constitution of the Order of Canada, make an Ordinance terminating the person's appointment to the Order.
Stage 11- Notice of the termination of the person's appointment to the Order of Canada shall be published in the Canada Gazette.
6. An example of an Ordinance of termination is annexed.
Approved May 7, 2015
ORDINANCE No. ( )
Whereas _________________________ was appointed to the Order of Canada in ____;
Whereas, further to , the Advisory Council of the Order of Canada considered whether there were grounds to terminate the appointment of ________________ to the Order of Canada;
Whereas the Advisory Council, after considering all the facts in the matter, has recommended to the Governor General that the appointment of ________________ to the Order of Canada be terminated;
And Whereas the Governor General has seen fit to accept the Advisory Council's recommendation;
Now, therefore, pursuant to paragraph 25(c) and section 26 of the Constitution of the Order of Canada, (________), the Governor General hereby terminates the appointment of ________________ to the Order of Canada.
In witness whereof, the Governor General, Commander-in-Chief of Canada, Chancellor and Principal Companion of the Order of Canada, has hereunto set his/her hand and caused the Seal of the Order of Canada to be affixed.
In Ottawa, this __________ day of _________________.
Governor General
________________________________