If I understood the question correctly, it's looking at whether paragraph 11(1)(a) would authorize a member of the Canadian Forces to direct or authorize these cluster munitions. Yes, that is correct on the basis that the convention itself would allow for that because ultimately the policy decision to use cluster munitions in that circumstance would be a policy decision of a state that is not a party to the Convention on Cluster Munitions.
On November 7th, 2013. See this statement in context.