The Viceregal Lion
  1. The Governor General of Canada
  2. His Excellency the Right Honourable David Johnston
It's an Honour
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Constitution

INTERPRETATION

1. The definitions in this section apply in this Constitution.

"Companion" means a Companion of the Order. (compagnon)

"Council" means the Advisory Council for the Order referred to in section 7. (Conseil)

"Member" means a Member of the Order. (membre)

"Officer" means an Officer of the Order. (officier)

"Order" means the Order of Canada. (Ordre)

"Secretary General" means the Secretary General of the Order. (secrétaire général)

THE ORDER OF CANADA

2. The Order shall consist of Her Majesty the Queen, the Governor General of Canada and the Companions, Officers and Members, extraordinary Companions, Officers and Members and honorary Companions, Officers and Members.

ADMINISTRATION

3. (1) Her Majesty the Queen shall be the Sovereign of the Order.

(2 )The Governor General of Canada shall be the Chancellor and Principal Companion of the Order and an extraordinary Companion and the Governor General’s spouse shall be an extraordinary Companion.

4. The Chancellor is responsible for the administration of the Order.

5. The Secretary to the Governor General shall be the Secretary General of the Order, and shall be responsible for

(a) maintaining the records of the Order and of the Council;

(b) making the necessary arrangements for the conferment of insignia;

(c) accepting any nomination for appointments as Companion, Officer or Member, extraordinary Companion, Officer or Member or honorary Companion, Officer or Member; and

(d) performing such other functions in respect of the Order as the Governor General may request.

6. The Governor General may appoint such other officials for the Order as the Governor General considers advisable.

COUNCIL

7. (1) The Advisory Council for the Order shall consist of the following members:

(a) the Chief Justice of Canada, who shall act as Chairperson of the Council;

(b) the Clerk of the Privy Council;

(c) the Deputy Minister of the Department of Canadian Heritage;

(d) the Chairperson of the Canada Council;

(e) the President of the Royal Society of Canada;

(f) the Chairperson of the Board of Directors of the Association of Universities and Colleges of Canada; and

(g) not more than five additional members appointed pursuant to subsection (2).

(2) The Governor General may, on the recommendation of the members of the Council referred to in paragraphs (1) (a) to (f), appoint five persons belonging to the Order as members of the Council for a three-year term.

(3) The Governor General may, on the recommendation of the members of the Council referred to in paragraphs (1) (a) to (f), extend the term of one or more members of the Council appointed pursuant to subsection (2) by two years.

(4) The Council shall invite the Deputy Minister of the Department of Foreign Affairs and International Trade to participate in the review of nominations for honorary Companions, Officers and Members.

8. The Council shall

(a) consider those nominations referred to in paragraph 5 (c) that the Secretary General has transmitted to it;

(b) compile and submit to the Governor General a list of those nominees in the divisions of Companion, Officer and Member, extraordinary Companion, Officer and Member and honorary Companion, Officer and Member who have the greatest merit; and

(c) advise the Governor General on such matters as the Governor General may refer to the Council.

ELIGIBILITY

9. (1) Any Canadian citizen may be appointed as a Companion, Officer or Member.

(2) In addition to any Governor General and his or her spouse and any former Governor General and that former Governor General’s spouse, a member of the Royal Family may be appointed as an extraordinary Companion, Officer or Member.

(3) A person who is not a Canadian citizen may be appointed as an honorary Companion, Officer or Member.

(4) A person is not a member of the Order by reason only of being appointed a member of the Council.

NOMINATIONS AND APPOINTMENTS

10. (1) Any person or organization may submit to the Secretary General for consideration by the Council a nomination of a Canadian citizen for appointment as a Companion, Officer or Member, of a member of the Royal Family for appointment as an extraordinary Companion, Officer or Member and of a non-Canadian citizen for appointment as an honorary Companion, Officer or Member.

(2) The Governor General may appoint as honorary Companions, Officers and Members a maximum of five persons in any year.

COMPANIONS

11. Appointments of persons as Companions, extraordinary Companions and honorary Companions shall be made in recognition of their outstanding achievement and merit of the highest degree, especially in service to Canada or to humanity at large.

12. (1) The Governor General shall cease to be Chancellor and Principal Companion at the end of the Governor General’s term but shall continue as an extraordinary Companion.

(2) The Governor General’s spouse shall continue to be an extraordinary Companion after the retirement or death of the Governor General.

(3) An appointment of any Governor General or his or her spouse or former Governor General or that former Governor General’s spouse as a Companion is deemed to be an appointment as an extraordinary Companion.

13. The number of Companions, other than the Principal Companion, extraordinary Companions and honorary Companions, is limited to 165.

14. Where the maximum number of Companions has been appointed, no other person may be appointed as a Companion until a vacancy occurs.

15. In the event of a vacancy, the Governor General may appoint a new Companion, and may fill a maximum of fifteen such vacancies in any year.

OFFICERS

16. Appointments of persons as Officers, extraordinary Officers and honorary Officers shall be made for achievement and merit of a high degree, especially service to Canada or to humanity at large.

17. The Governor General may appoint as Officers, other than extraordinary Officers and honorary Officers, a maximum of 64 persons in any year.

MEMBERS

18. Appointments of persons as Members, extraordinary Members and honorary Members shall be made for distinguished service in or to a particular community, group or field of activity.

19. The Governor General may appoint as Members, other than extraordinary Members and honorary Members, a maximum of 136 persons in any year.

INSTRUMENT OF APPOINTMENT

20. (1) Appointments 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 date on which the instrument of appointment is sealed.

DESIGNATIONS, INSIGNIA AND ARMORIAL BEARINGS

21. (1) Companions, 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 lawful armorial bearings, which in the case of Companions may include supporters;

(c) surround their shield of arms with the circle and motto of the Order and suspend therefrom the ribbon and badge of their rank; and

(d) place after their name the letters associated with their rank, namely,

(i) "C.C.", in the case of a Companion,

(ii) "O.C.", in the case of an Officer, or

(iii) "C.M.", in the case of a Member.

(1.1) Extraordinary Companions, Officers and Members are entitled to

(a) wear such insignia as the Governor General may, by Ordinance, prescribe;

(b) surround their shield of arms with the circle and motto of the Order and suspend from it the ribbon and badge of their rank; and

(c) place after their name the letters associated with their rank, as set out in paragraph (1)(d).

(2) Honorary Companions, 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).

22. The insignia of the Order shall be worn in the sequence prescribed and in the manner described in publications issued by The Chancellery.

23. (1) Except as otherwise provided in an Ordinance, the insignia of the Order shall remain the property of the Order.

(2) Any Companion, Officer or Member, extraordinary Companion, Officer or Member or honorary Companion, Officer or Member of the Order who resigns or whose appointment is terminated by ordinance shall return their insignia to the Secretary General.

RANKS

24. (1) The Governor General may

(a) elevate any Member, with the Member's consent, to the rank of Officer or Companion; or

(b) elevate any Officer, with the Officer's consent, to the rank of Companion.

(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's name.

(3) No person shall

(a) hold more than one appointment to the Order at any time; or

(b) place after the person's name the letters, or retain the insignia, pertaining to the previous appointment to the Order.

TERMINATION OF MEMBERSHIP IN THE ORDER

25. 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.

ORDINANCES

26. The Governor General may make Ordinances respecting the government and insignia of the Order and the termination of a person's appointment to the Order.

MOTTO

27. The motto of the Order shall be:

DESIDERANTES MELIOREM PATRIAM.

SEAL

28. (1) The Seal of the Order, which is set out in the schedule, shall be committed to the custody of the Governor General.

(2) No appointment, termination of appointment, award or Ordinance shall have effect unless it has been sealed with the Seal of the Order.


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. Termination of a person's appointment to the Order of Canada shall be on the recommendation of the Advisory Council made to the Governor General.  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 relevant facts relating to the case under consideration.

  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 findings and 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, in accordance with the recommendation of the report, will

(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 October 28, 2004


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

________________________________

Date modified: September 4, 2013