| Constitution & Canons |
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The Constitution of the Synod of the Diocese of Brandon
The Rules of Order of The Synod of the Diocese
of Brandon
Meetings of Synod:
Order of Proceedings:
Order of Business:
Rules of Order:
The Canons of the Diocese of Brandon
Canon One (I) On Interpretation and Amendments
of Canons
Canon Two (II) The Seal of Synod and the
Execution of Documents Requiring a Seal
Canon Three (III) The Election of a Bishop
Canon Four (IV) The Appointment of an Administrator
Canon Five (V) The Appointment of Dignitaries
and other Officers and Their Duties
Canon Six (VI) Archdeacons and Archdeaconries
Canon Seven (VII) The Chancellor, Vice-Chancellor,
and Registrar
Canon Eight (VIII) Regional Deans
Canon Nine (IX) Regional Deaneries
Canon Ten (X) Committees, Councils, Subcommittees
and Task Forces
Canon Eleven (XI) The State of the Church
Canon Twelve (XII) On Election of Delegates:
to the General and Provincial Synods, & of Members of the Executive Committee
& the Canons & Constitution Committee
Canon Thirteen (XIII) Duties of Lay
Delegates
Canon Fourteen (XIV) Diocesan Trust
Funds
Canon Fifteen (XV) Disputes
Canon Sixteen (XVI) Discipline
Canon Seventeen (XVII) Diocesan
Court
Canon Eighteen (XVIII) Reserved
Canon Nineteen (XIX) Reserved
Canon Twenty (XX) Reserved
Canon Twenty-One (XXI) Clergy and
Patronage
Canon Twenty-Two (XXII) Subscriptions,
etc., by the Clergy
Canon Twenty-Three (XXIII) The
Prohibition of Clergy not Licensed in this Diocese
Canon Twenty-Four (XXIV) On Continuing
Education for Clergy & Lay Pastoral Workers
Canon Twenty-Five (XXV) Clergy Moving
Expenses
Canon Twenty-Six (XXVI) Reserved
Canon Twenty-Seven (XXVII) Reserved
Canon Twenty-Eight (XXVIII)
Reserved
Canon Twenty-Nine (XXIX) Reserved
Canon Thirty (XXX) Reserved
Canon Thirty-One (XXXI) On Pastoral
Care in the Church
Canon Thirty-Two (XXXII) On the
Organization of Parishes and Missions
Canon Thirty-Three (XXXIII)
On Parish and Mission Temporal Concerns
Glossary of Terms
The Appendices
Instructions Regarding
Conveyances of Lands: To and From the Anglican Church of Canada Parishes and
Missions in the Diocese of Brandon
Record of the
Formation of the Diocese of Brandon
An Act
To Incorporate the Synod of the Diocese of Brandon
An Act to Incorporate
the Bishop of Brandon
The Anglican Church of Canada Temporalty Act
Declaration of Principles
1.
a) The Synod shall consist of the Bishop of the Diocese, the coadjutor, suffragan, or assistant Bishop (if any), the priests and deacons of the Diocese duly licensed by the Bishop, the Chancellor and Registrar of the Diocese, the treasurer of the Synod, the lay delegates elected as hereinafter provided, and those persons duly licensed by the Bishop who are:
i) Non-stipendiary lay readers in charge of parishes or missions,
ii) Stipendiary lay readers,
iii) Members of a religious order,
iv) Church Army officers.
v) Clergy of other denominations exercising a ministry in the Diocese of Brandon
b) Notwithstanding the age provisions of Section 2 below, the Bishop may appoint youth delegates, one from each deanery, who shall have both voice and vote.
2. The lay members shall be men or women of the full age of eighteen years at the time of the sitting of Synod, who are members of the congregation represented, and who have been Communicants of the Anglican Church of Canada for the six months preceding their election.
3. Each parish or mission recognised by the Bishop, duly organised by the election of churchwardens and vestry members and having at least six Communicants shall be entitled to send one lay person as its delegate to the Synod. If the number of registered Communicants exceeds fifty but is less than one hundred and one, the parish or mission may send one additional delegate, and for each one hundred registered communicants or part thereof thereafter, it may send one further additional delegate.
4. The persons entitled to vote for lay delegates shall be persons who are baptised, who are of the full age of eighteen years and who have been members of the congregation concerned for at least three months prior to the date of voting.
5. The election of lay delegates shall take place at the annual general meeting of the parish or mission which precedes a regularly scheduled meeting of Synod. A majority of those present, being duly qualified to vote, shall determine the choice, and the meeting shall also elect alternates to take the place of the delegates provided that such alternates be duly qualified.
6. Each lay delegate shall receive from the chairperson of the meeting a Certificate of Election and Qualification, and this Certificate shall be taken to the Synod by the delegate for the purpose of identification. The chairperson of the meeting shall also immediately thereafter send to the secretary of Synod, a Certificate of the Election and Qualification of each lay delegate in the following form:
Congregation of ______________________________
Church at
_____________________________________
Number of Registered Communicants ______________.
I hereby certify that at a meeting of the members of this congregation, held
on
the ___________day of ________________ 19 ______A. D.
Mr. /Mrs, Miss, Ms
______________________________________________(insert full name),
of ______________________________________ (insert full postal address)
who is a Communicant of this Congregation was duly elected a lay delegate to the Synod for the current term.
Date____________________
Signed______________________________________ Chairperson.
7. In the event of the death or resignation of a lay delegate, or the ceasing of the same to be a member of the congregation said delegate was elected to represent, by removal from the neighbourhood, or from any other cause, and for whom no alternate was elected, the incumbent shall proceed to a new election, to fill the vacancy, at a meeting of which notice shall be given on the preceding Sunday, during Divine Service, and the same procedure shall be followed as is prescribed for the original election of lay delegates.
8. Prior to the meeting of Synod, the Bishop shall appoint a Credentials Committee.
9. The Synod shall meet biennially unless otherwise ordered by the Bishop, but a meeting shall be held at least once in every twenty-seven calendar months. The time and place of such meetings shall be fixed by the Bishop, with the concurrence of the Executive Committee, who shall also adjourn the Synod as said Bishop shall see fit.
10. A quorum of the Synod shall consist of at least one-half of the duly licensed by the Bishop as incumbents, and one-half of the lay members of Synod.
11. In the absence of the Bishop of the diocese, or of any commissary thereof, the chair at any meeting shall be taken by the highest dignitary of the church in the diocese, in the following order:
a) the Dean of the Diocese,
b) the Archdeacons in order of collation,
c) the Canons in similar order,
d) and all of them failing, the priest senior in Holy Orders holding the Bishops license and at the time an incumbent within the Diocese.
12. No canon or resolution lawfully presented to the Synod for adoption shall be deemed to be adopted:
a) if it be contrary to or in conflict with the Canons and Constitution of either the General Synod of the Anglican Church of Canada or the Provincial Synod of the Province of Ruperts Land,
b) until it shall have received a majority of the clergy and lay members present and voting, and the consent of the Bishop. The votes of the Synod shall be taken collectively, but at the desire of the Bishop, or at the request of any three members of the Synod, the votes of each Order shall be taken separately and in this case a majority of each must concur. Such request must, however, be made before the vote shall have been taken on the subject.
13.
a) The Executive Committee shall prepare business for the meetings of the Synod, and shall at such meetings present a report of its proceedings.
b) A Finance and Property Committee shall be constituted as provided for in the canon on Committees, Councils, Subcommittees and Task Forces.
14. The Executive Committee shall appoint a secretary who shall be one of the clergy of the diocese in priests orders, a treasurer who shall receive and disburse monies belonging to the Synod, and duly qualified auditors and shall from time to time define the duties of such officials. The secretary appointed by the Executive Committee shall be ex-officio Secretary of the Synod, and the Synod may if it thinks fit, appoint an Honorary assistant Secretary, and an Honorary lay Secretary for the assistance of the Secretary during sessions of the Synod.
15.
a) There shall be a standing committee of the Synod which shall be called the Executive Committee, consisting of:
i) ex officio: the Bishop as president, the Dean and Archdeacons, the chancellor, the registrar, the secretary, the treasurer, the Regional Deans of the Diocese, the diocesan member of the Council of General Synod (COGS), and the chairpersons of the Diocesan Finance and Property Committee, Program and Planning Committee, Canons and Constitution Committee, Doctrine and Worship Committee, and Diocesan Council on Aboriginal Affairs,
ii) one lay person from each Regional Deanery elected by and from among the lay members of Synod at the last meeting prior to Synod of each deanery council,
iii) three clerical members at large elected by the clergy at each meeting of Synod,
iv) five lay members at large elected by the laity at each meeting of Synod,
v) up to five members, not necessarily lay members of Synod, appointed by the Bishop at any time, if the Bishop deems it advisable and has the concurrence of the Executive Committee.
b) Such committee shall:
i) have and exercise the full power of the Synod between meetings of the Synod,
ii) have the management of all diocesan funds,
iii) make all such rules as it shall consider needful provided they are not inconsistent with the Constitution or Canons of the Synod.
16. Three regular meetings of the Executive shall be held in each calendar year and in addition one meeting may be held immediately after Synod at the discretion of the Bishop. Special meetings may be called at other times by the direction of the Bishop, and the Bishop shall call a meeting at the request of a majority of the priests and a majority of the laity who are members of the committee.
17. Members of the committee shall remain in office until their successors are appointed or elected as the case may be, and any vacancy occurring amongst the elected members shall be filled by the Bishop until the next meeting of Synod.
18. In the absence of the Bishop of the Diocese, or of any commissary thereof, the chair at any meeting of the Executive Committee shall be taken by the highest dignitary of the church in the Diocese who may be present. A quorum of the Executive Committee shall consist of one-third of the members thereof.
19. No change shall be made in this Constitution unless the proposition has been first sent to the Executive Committee for consideration, approved at a meeting of the Synod by the Bishop, and a majority of at least three quarters of each order, voting separately.
20. Notwithstanding Section 19, the Executive Committee, on the recommendation of the Diocesan Canons and Constitution Committee, may make changes regarding format, numbering, pagination, spelling, inclusive language, and grammar which are not substantive; as well make corresponding corrections where names of organizations, committees or personnel have been lawfully changed.
a) Time and Place:
The Synod of the Diocese shall meet on the day and at the hour and place appointed by the Bishop, with the concurrence of the Executive Committee.b) Summoning the Synod:
Three months or more before the date on which the Synod is to be held, the secretary shall send a notice to the delegates and members asking for a copy in writing of any resolutions they may desire to bring forward, and these shall be printed in the order they are received and sent to the members as part of the Convening Circular.c) Convening Circular:
At least one month before the date on which the Synod is to assemble, the secretary shall send to the members and delegates a Convening Circular, which shall, among other things, include an agenda, resolutions, a copy of the treasurers Report, and a synopsis of the business transacted by the Executive Committee.d) Chair:
The Bishop, Bishops commissary, administrator of the diocese, or Metropolitan of the Ecclesiastical Province of Ruperts Land shall chair meetings of the Synod.e) Quorum:
A quorum of the Synod shall consist of at least one-half of the clergy of the diocese duly licensed by the Bishop as incumbents and one-half of the lay members of Synod.
a) Opening of Synod :
On the opening day of the Synod the members shall assemble in the place appointed, for a celebration of the Holy Eucharist and shall afterwards proceed to the place of deliberation.
b) Worship:
At the commencement of each subsequent day of the Synod, provision shall be made for Morning Prayer in the place appointed, before proceeding with the business of the day.
c) Credentials Committee Report:
On the opening day of Synod the Credentials Committee (see Section 8 of the Constitution), having first examined the certificates of the lay delegates, shall read its report to the Synod, which report shall include:
i) the total number of delegates (clergy and lay) to the Synod,
ii) the actual number of members (clergy and lay) registered,
iii) a certification thereof,
iv) the number required in each order for a quorum.
a) The order of business shall be determined by the Agenda Committee and shall include:
i) Prayers, Meditations, or Bible Study,
ii) Report of the Credentials Committee and ascertainment of a quorum,
iii) Courtesies of the House,
iv) Appointment of an Honorary Lay Secretary,
v) Approval of the minutes of the last session of Synod,
vi) Appointment of committees,
vii) Acts of the Executive Committee, Finance and Property Committee, and Program and Planning Committee,
viii) Receiving, discussing, and referring of memorials and petitions,
ix) Reports of committees and treasurer,
x) Notices of Motion and their consideration,
xi) Nominations and Elections (see canon regarding Elections at Synod)
xii) Orders of the Day.
a) Order and Decorum:
The chairperson shall preserve order and decorum and shall decide all questions of order, subject to an appeal to the Synod, to be decided without debate, and when called upon to decide a point of order, shall state the rule applicable to the case, without argument or comment. In any unprovided case, resort shall be made to Roberts Rules of Order.
b) Assessors:
To assist in this task, in addition to the Chancellor, the chairperson shall appoint at least three assessors, at least one of whom shall be from the Order of Clergy, at least one of whom shall be from the Order of Laity, and at least one of whom shall be fluent in both Cree and English.
c) Order and Decorum when speaking:
i) Any member wishing to speak shall rise and address the Chair.
ii) When two or more members rise at the same time the chairperson shall name the member to speak first.
iii) When the chairperson rises to order, the member shall sit down and remain seated until the point of order has been decided.
iv) A member may rise to explain if permitted by the Chair.
v) A member, if not interrupting a speaker, may require any motion in debate to be read for information.
vi) If in the opinion of the Chair, after consulting the assessors, the remarks of any member are deemed irrelevant, the member is to revert to the question before the Synod or discontinue.
d) Speeches:
i) No members, except the mover of a motion or amendment, shall speak more than once on the same question, unless permitted by the Synod.
ii) Unless permitted by the Synod, the mover of a motion shall not speak for more than ten minutes and the seconder for five minutes, and each speaker thereafter for five minutes. The mover may speak for five minutes in closing the debate.
iii) There shall be one or more pro microphones, and one or more con microphones. Those wishing to speak in favour of a motion shall proceed to a pro microphone. Those wishing to speak against a motion shall proceed to a con microphone. The mover and seconder shall be permitted to speak first, and thereafter debate shall alternate between pro and con microphones. If at any time there are no speakers at the pro microphone(s) or at the con microphone(s), the question shall be put.
e) Requirements for Adoption:
i) No canon or resolution presented to the Synod for adoption shall be deemed to be adopted:
a) if it be contrary to or in conflict with Canons and Constitution either of the General Synod of the Anglican Church of Canada or of the Synod of the Ecclesiastical Province of Ruperts Land.
b) until it shall have received the consent of the Bishop, and a majority of the clergy and lay members present and voting.
ii) The Bishop shall be deemed to have assented to any act, motion, or resolution passed by the Synod unless at the time of declaring the vote the Bishop shall signify dissent, or shall reserve any such question for further consideration. In case the Bishop shall reserve any such question for further consideration, the Bishop shall announce the decision thereon at that meeting of Synod, or at the first regular meeting of the Executive Committee thereafter and failing such announcement, shall be deemed to have assented to such question. No act, motion, or resolution of Synod shall become effective and binding without the assent of the Bishop expressed or implied as herein provided.
iii) Any motion receiving the required vote and the expressed or implied assent of the Bishop shall come into effect immediately unless the motion itself specifies otherwise or as may be required by the Constitution and Canons.
f) Motions re: Expenditures:
i) Before each session of the Synod, a report shall be provided to the Synod by or through the Finance and Property Committee as to whether any money proposed to be spent as a result of motions to be brought before the Synod is available, or if not, what steps should be taken to provide such money should such motions be adopted.
ii) Before any motion involving the spending of money not already provided for is put to the vote, it shall be referred to the chairperson of the Finance and Property Committee for a report as to whether the money proposed to be spent is presently available, or, if not, what steps should be taken to provide such money should such motion be adopted.
g) Motions and Amendments:
i) Notices of motions received prior to the assembling of the Synod shall stand first on the order of business.
ii) No motion, other than procedural, or for a vote of thanks or condolence of the Synod, shall be received without notice except by permission of the Synod.
iii) No motion or amendment shall be considered as before the Synod unless seconded and in writing except such as be proposed by the Bishop or by a committee of the Synod. Nevertheless, at the chairpersons discretion, a brief amendment may be received verbally.
iv) When a motion has been read to the Synod by the chairperson, it cannot be withdrawn except with the consent of the Synod.
v) When a motion has been made and seconded any member may move that the question on the motion now be put and this procedural motion when seconded shall be decided without debate.
vi) Subject to subsection g), x) below, when a motion is under consideration, no other motion shall be received except:
a) to adjourn;
b) to lay it on the table;
c) to consider it clause by clause;
d) to postpone it to a certain time;
e) to postpone it indefinitely;
f) to refer it;
g) to amend it; or
h) to divide upon it;
and motions for any of these purposes shall have precedence in the order named, following a motion to put the question.
vii) Motions to adjourn, or to lay it on the table, or that the question on the motion now be put shall be decided without debate.
viii) A motion that the question now be put shall have the following effect: It shall be put to the vote forthwith and if decided in the affirmative a vote must be taken immediately on the motion before the Synod and without debate. If it be decided in the negative, debate on the motion may continue and no further motion that the question now be put can be proposed unless permitted by the chairperson.
ix) No more than one amendment to a proposed amendment of a motion shall be in order at one time.
x) A motion to suspend a rule of order shall take precedence over all other motions and shall be decided without debate and no rule of order shall be suspended unless two-thirds of the members present vote in favour of the motion.
xi) A question being once determined shall not again be drawn into discussion in the same meeting of Synod, without the consent of at least three-quarters of the members of Synod and with the approval of the chairperson.
h) Voting:
i) A motion, before being put, shall be read from the Chair and those in favour of the motion shall rise first and then those against. If the opinion of the chairperson on the result of the vote be questioned, then those voting in the affirmative shall rise and be counted, and afterwards those voting in the negative and the chairperson shall declare the motion carried or lost.
ii) The votes of the Synod shall be taken collectively (unless otherwise required in the Constitution or Canons of the diocese) but at the desire of the Bishop or at the request of any three members of the Synod, the votes of each order shall be taken separately and in this case a majority of each order must concur. Such request must, however, be made before the vote shall have been taken. At the request of the Bishop or any three members of the Synod, the vote shall be by ballot. Each person shall deposit his or her own ballot.
iii) In the case of an equal vote of the Synod or of either order when voting is by orders, the motion shall be deemed to be lost.
iv) No protest or dissent shall be entered in the minutes of the proceedings but when required by three members of the Synod, the number of affirmative and negative votes shall be recorded.
1. In all canons passed by the Synod of the Diocese of Brandon:
a) words importing male persons shall include female persons wherever the context requires.
b) the expression shall is to be construed as imperative, and the expression may as permissive.
2. No canon shall hereafter be repealed or amended, and no new canon be enacted, unless the resolution containing the proposed repeal or amendment, or the proposed new canon, shall have first been considered at a meeting of the Executive Committee, and shall have been duly passed at the next ensuing meeting of the Synod by a majority of the clergy and lay delegates present, and assented to by the Bishop. The proposed repeal, amendment, or new canon shall thereupon become effective without further confirmation by the Synod.
3. Notwithstanding Section 2, the Executive Committee, on the recommendation of the Diocesan Canons and Constitution Committee, may make changes to the canons regarding format, numbering, ordering, pagination, spelling, inclusive language, and grammar which are not substantive.
4. Diocesan and episcopal policies, and processes to implement them, although referred to in Canon, do not form part of the Canon.
1. The Synod shall have a Common Seal, of which the Bishop of the diocese shall have the care and custody.
2. The Seal now used by the Synod of the Diocese of Brandon, an impression of which appears herein, is and shall be the Common Seal thereof; and the Bishop is hereby authorised and empowered to execute all deeds and documents which, from time to time, may be required to be executed on behalf of the Synod, pursuant to any resolution of the Synod or the Executive Committee thereof.
3. The mode of execution of such deeds and documents, except as provided in Section 11 of the Anglican Church of Canada Temporalty Act, shall be by the Bishop causing the said Common Seal to be affixed thereto, and by the Bishops signature and the signature of the secretary of the Synod attesting the same.
Whenever a vacancy in the episcopate of the Diocese has occurred or an event has occurred which will result in such a vacancy, the procedures for episcopal elections set out in the Constitution and Canons of the Provincial Synod of Ruperts Land shall be followed.
If at any time the See becomes vacant, or if the diocesan Bishop from any cause shall be unable to attend to episcopal diocesan duties and in the opinion of the Executive Committee called together on the requisition of three members, is incapacitated from naming a commissary, then the senior of the dignitaries of the diocese taken in the following order shall become administrator of diocese namely:
and all of them failing, the priest senior in orders holding the Bishops licence and at the time an incumbent within the diocese.
Such administrator shall hold office until the See be filled or the Bishop in the opinion of the Executive Committee be again capable of performing episcopal duties.
1. The Synod recognises the Bishops right to appoint or remove:
a) a Dean, Archdeacons, and Canons whenever, in the Bishops judgement, such appointments are desirable;
b) a Chancellor, a Vice-Chancellor, a Registrar, commissaries and chaplains, and at the Bishops pleasure to remove the same;
2. Any dignitary referred to in Section 1, a) who for any reason resigns or retires may retain the honour of title but shall relinquish all authority pertaining to said office, if:
a) residing within the diocese and with the consent of the diocesan Bishop, or
b) residing canonically within the diocese but living in another Diocese, with the permission of the diocesan Bishop of the jurisdiction within which said dignitary lives.
3. The duties of the several dignitaries and officers shall be assigned by the Bishop and printed for their instruction.
4.
a) The Executive Committee may appoint a diocesan administrative officer.
b) The diocesan administrative Officer will be responsible to the Bishop and the Executive Committee.
1. Appointment and Jurisdiction
a) It is the prerogative of the Bishop to appoint Archdeacons, territorial or otherwise, as deemed necessary; provided that where special stipendiary funding is required, consultation with the appropriate diocesan bodies is made.
b) It is the prerogative of the Bishop, in consultation with any Regional eaneries affected, to establish the number and boundaries of territorial archdeaconries within the diocese, provided always that no regional deanery shall be partly in one and partly in another archdeaconry.
c) After taking the necessary oaths of office, Archdeacons shall be collated, and installed in the diocesan Cathedral, by the Bishop or by a person designated by the Bishop.
2. Duties of Territorial Archdeacons
Territorial Archdeacons shall:
a) represent the interests of the Bishop and the diocesan Synod within their archdeaconries,
b) advise the Bishop and Synod and its Committees on the needs of the church in their archdeaconries,
c) consult regularly with their Regional Dean (s) about the state of the church within their Archdeaconries,
d) receive reports from Regional Deans and forward them to the Bishop no later than three weeks before the meeting of the diocesan Synod,
e) visit each parish, mission, or ecclesiastical institution within their jurisdiction at least once every three years and more often if possible,
f) investigate regularly the state of all endowments and general finances of all ecclesiastical institutions and parishes within their jurisdiction and to ensure that steps be taken to remedy any problems,
g) perform the functions of a Regional Dean with regard to the visitation of a Regional Deans own parish, mission, or ecclesiastical institution,
h) visit any parish or ecclesiastical institution for the investigation or settling of a disput e when requested to do so by the Bishop.
3. Term and Resignation
a) Unless otherwise specified at the time of their appointment, Archdeacons have an indefinite term of office but must submit their resignation to the Bishop in writing:
i) upon the Bishops request,
ii) upon moving to a residence outside their jurisdiction or outside the diocese,
iii) upon the election of a new diocesan Bishop.
b) The Bishop may grant to an Archdeacon who has resigned the title Archdeacon Emeritus, provided always that this is agreeable to the Bishop of the Diocese in which the resigned Archdeacon resides.
1. The Chancellor
a) The Chancellor shall be a communicant, and either a judge of a Court of Record, or a barrister-at-law of at least seven (7) years standing and a member of the Law Society of Manitoba.
b) The Chancellor shall be, ex officio, a member of Synod, the Executive Committee, the Canons and Constitution Committee, and the Finance and Property Committee, and shall hold office at the Bishops pleasure.
c) It shall be the duty of the Chancellor to advise the Bishop, Coadjutor Bishop, Suffragan Bishop, the Bishops commissary or the administrator on all legal matters submitted and in all matters of discipline or cases of difficulty or doubt when requested to do so and to act as assessor in determining questions on points of order at any meeting of the Synod or of the Committees of the Diocese.
2. The Vice-Chancellor
a) The Bishop may, after consultation with the Chancellor, appoint a Vice-Chancellor.
b) The Vice-Chancellor shall be a communicant, and either a judge of a Court of Record, or a barrister-at-law of at least five (5) years standing and a member of the Law Society of Manitoba.
c) The Vice-Chancellor shall, in the absence of the Chancellor, be, ex officio, a member of Synod, the Executive Committee, the Canons and Constitution Committee, and the Finance and Property Committee. The Vice-Chancellor shall be a member, with voice but not vote, of the Executive Committee. The Vice-Chancellor shall hold office at the Bishops pleasure.
d) It shall be the duty of the Vice-Chancellor to assist the Chancellor in the fulfilment of the duties of the Chancellor.
e) In the absence of the Chancellor, the Vice-Chancellor shall act in the place of the Chancellor, and shall have all the duties, powers, and responsibilities of the chancellor.
3. The Registrar
a) The Registrar shall be a communicant.
b) The Registrar shall ensure that the following records are kept at the Synod Office.
i) Suitable books to be provided by the Synod in which shall be recorded such official acts of the Bishop, the Synod or other bodies as require recording or registration.
ii) A description of the boundaries of the Diocese, and or archdeaconries, regional deaneries, parishes, or missions therein;
iii) a list of the Clergy of the Diocese from time to time, with their academic standing and the respective dates of their ordination(s) to Holy Orders, and of their licenses on admission to the Diocese, and a record of the different parishes, missions, or stations in which they have served or of any diocesan positions with they have filled;
iv) records of the election or appointment of clergy or lay persons to any office in the Diocese;
v) all letters or orders, licenses, institution, induction, and the returns thereto, and all other official instruments issued by the Bishop from time to time;
vi) a record of consecration of churches, and burial grounds, and of revocation of the Sentence of Consecration; and
vii) a record of all churches, church buildings, and memorials dedicated by the Bishop.
c) The Registrar shall be the proper custodian of all grants, deeds, conveyances, probates, copies of wills or parts thereof, or any other instruments in any way relating to property granted, conveyed or devised for the benefit or use of the diocese, or any parish, mission, or ecclesiastical institution therein. Upon receipt thereof, the Registrar shall enter in a register to be provided by the Synod such details of the document as are deemed desirable, following which the said document and the register shall be placed by the registrar in the Synod Office vault for safekeeping.
d) The Registrar shall be a member, ex officio, of the Synod, the Executive Committee, the Canons and Constitution Committee, and shall hold office at the pleasure of the Bishop.
e) The Registrar shall function as Registrar of the Diocesan Court.
1. Election
a) When the position of Regional Dean is to become or has become vacant, the resigning Regional Dean, the Bishop, the Archdeacon, or the member of the deanery chapter senior in Holy Orders (in that order of preference) shall call and chair a meeting of the deanery chapter to elect a new Regional Dean.
b) All members of the deanery chapter in priests Orders shall be eligible for nomination and election as Regional Dean.
c) A new Regional Dean shall have been elected after accepting the nomination and:
i) receiving a majority of votes by preferential ballot,
ii) the Bishop has concurred with the election.
d) In the case of nonconcurrence, the Bishop shall give notice of non-concurrence to the deanery chapter and shall make arrangements for a new election.
2. Term and Resignation
a) Regional Deans remain in office for a term of three years unless they:
i) resign,
ii) cease to qualify as a member of the deanery chapter of which they are Dean,
iii) are removed by the Bishop for reasons of discipline or incapacity.
b) Regional Deans are eligible for re-election to a second term.
c) Should the period of time between the effective resignation of a Regional Dean and the election of a successor exceed one month, the member of the deanery chapter senior in priests Orders shall carry out all the duties and responsibilities of a Regional Dean until a new one is elected, except as may be otherwise provided for by these canons.
3. Duties and Responsibilities
a) Regional Deans shall assist:
i) the Bishop and Archdeacon with the pastoral care of the deanery,
ii) the Bishop by accompanying the Bishop on episcopal visitations within the deanery when so requested,
iii) the Bishop by advising on any matter concerning the life of the diocese or pastoral concerns within the deanery,
iv) the Bishop and Archdeacon by fulfilling all the duties and responsibilities of the Archdeacon within the deanery during the extended absence or incapacity of the Archdeacon, and when the archdeaconry is vacant if so designated by the Bishop,
v) the members of the deanery chapter by being available for advice, counsel and pastoral support on any matter that concerns the members, and by having a yearly conference with each member, and the members family if requested by the family,
vi) any parish, mission, or ecclesiastical institution within the deanery in the settling of a dispute when requested to do so by the parish or institution, or by the Bishop.
b) Regional Deans shall report:
i) to each meeting of the deanery chapter and the deanery council on any diocesan, Provincial, or National matter that in the Regional Deans opinion requires the attention of the chapter or council,
ii) to the Executive Committee and the Synod of the Diocese on any deanery matter requiring discussion and legislation,
iii) annually to the Bishop and semi-annually to the Archdeacon on the general state of the church in the deanery,
iv) to the Bishop or Archdeacon on any matter within the deanery requiring their attention,
v) to those parties as set out in sections c) and e) of this canon.
c) Regional Deans shall visit each parish, mission, or ecclesiastical institution in their deaneries at least biennially:
i) to inspect the registers to ensure that they are properly and securely kept and to report in writing to the incumbent, the churchwardens, the Archdeacon and the Bishop as to the state of the registers and any practical advice given on how to remedy any irregularities,
ii) to inspect all property to ensure that it is kept in a proper state of repair and insured adequately and to report in writing to the incumbent, with copies to the churchwardens, Archdeacon, Bishop, and Finance and Property Committee as to the state of the property and any practical advice given on how to remedy problems,
iii) to ensure that all things necessary for the conducting of services are available and kept in good condition, and to discuss with the incumbent practical ways of remedying any deficiencies,
iv) to ensure that the services of the church are carried out regularly and in accordance with the oath pertaining to the conducting of services and to discuss with the incumbent any discrepancies,
v) to endeavour to ensure that there are up to date copies of the canons of the Diocese of Brandon, the Province of Ruperts Land, and the General Synod of the Anglican Church of Canada readily available in each parish, mission, or ecclesiastical institution to the clergy and lay leadership of the parish, mission, or ecclesiastical institution, at the expense of the parish, mission, or ecclesiastical institution.
vi) if possible, to preach, to meet with any of the parish officers, and to meet with members of the congregation.
d) In the Regional Deans own parish, mission, or ecclesiastical institution, the Archdeacon shall fulfil all the duties of a regional Dean mentioned in sections c) and e) of this canon.
e) Regional Deans shall inspect all clergy housing during a vacancy and report in writing to the Bishop, with copies to the Archdeacon and churchwardens on any inadequacies, required repairs or similar problems, together with any practical advice on possible solutions to those problems soon enough that such problems may be dealt with before the new occupant is to arrive.
f) Regional Deans shall ensure that the services of the church are carried out during a vacancy or during an incumbents absence. To this end incumbents shall inform their regional Dean when they will be away from their parish, mission, or ecclesiastical institution over a Sunday or for more than three days and of the arrangements that they have made for services in their absence.
g) Regional Deans shall call meetings of the deanery chapter a minimum of twice a year and meetings of the deanery council a minimum of once a year. More meetings may be called as is practical. The regional Dean shall chair such meetings except as may be otherwise provided for in these canons.
h) Regional Deans represent their Regional Deaneries on the Executive Committee.
4. Regional Deans shall be remunerated by the Diocese for any necessary expenses they incur in carrying out their duties and responsibilities when such expenses are not already covered by other means.
5. Prior to the election of a Regional Dean, the deanery secretary shall read this canon to the assembled electors.
1. The Establishment of Regional Deaneries
The Bishop, after consultation with the parishes, missions, and Regional Deaneries affected, may establish Regional Deaneries, change their boundaries, and transfer a Regional Deanery from one archdeaconry to another, except that the boundaries of any Regional Deanery shall not overlap those of an archdeaconry, but may be identical with it.
2. Composition of Deanery Chapters and Deanery Councils
a) The Deanery Chapter shall consist of:
i) all persons in Holy Orders, and licensed by the Bishop, who reside or work within the boundaries of the deanery,
ii) all lay persons licensed by the Bishop and either in charge of a congregation or employed with stipend for full or part time pastoral work in the deanery. Any dispute regarding lay eligibility shall be decided by the Bishop.
b) The Deanery Council shall consist of:
i) all members of the Deanery Chapter,
ii) all lay delegates to and members of Synod from each congregation within the deanery,
iii) all lay persons who are both resident within the deanery and are members of the Executive Committee,
iv) the deanery lay representative on the Program and Planning Committee,
v) such other members as each Deanery Council may determine.
3. Meetings of the Deanery Chapter and the Deanery Council
a) The Deanery Chapter shall meet a minimum of twice a year and the Deanery Council shall meet a minimum of once a year. They may meet more often as they wish or as the regional Dean deems advisable.
b) The Regional Dean shall chair meetings of both chapter and council but should the Regional Dean be absent or incapacitated, then:
i) a member present in Holy Orders shall chair meetings of the chapter,
ii) and the vice-chairperson of the Deanery Council shall chair meetings of the council.
c) The Deanery Chapter and council may establish their own rules of order except as are provided for in the canons on regional Deans and regional deaneries. Disputes on rules of order shall be decided by the chairperson.
4. Responsibilities of the Deanery Chapter
The Deanery Chapter shall:
a) elect one or two of its members to be deanery secretary and treasurer, which person or persons shall be secretary and treasurer of both the deanery chapter and council,
b) make all necessary arrangements for its own meetings and those of the deanery council,
c) consider questions or matters submitted to it for study and discussion by the Archdeacon, the Bishop, the synods and committees of the church, and any parish, mission, or institution within the diocese,
d) consult generally for the spiritual benefit of the Regional Deanery and for the interests of the church,
e) have all new communities within the limits of the deanery visited to ascertain whether and how the ministry of the church should be provided,
f) gather for mutual support, advice, fellowship, study, prayer and worship, and gather with their families from time to time,
g) deal with any business of the deanery council that may not reasonably be delayed until the next council meeting.
5. Responsibilities of the Deanery Council
The Deanery Council shall:
a) at its first meeting after parish annual meetings have taken place, elect a vice-chair,
b) at its last meeting before the Diocesan Synod, elect from among its members one lay and one clerical member to the Program and Planning Committee of the diocese, and, by and from its lay Synod delegates, elect one member of the Executive Committee,
c) consider questions or matters and consult generally as per 4)c and 4)d of this canon,
d) discuss and formulate motions for the consideration of Synod,
e) if possible, at its last meeting before Synod discuss all material in the Convening Circular of Synod and assist any new Synod delegates in understanding the procedures of Synod,
f) facilitate within the deanery education about and implementation of enactments of the Diocesan, Provincial, and General Synods and their various committees, boards, councils, and task forces, as may be applicable,
g) discuss the financial, educational, social, and spiritual needs and concerns of the deanery.
6. The deanery secretary shall ensure that all members of the Deanery Council have copies of the canons on Regional Deans and Deaneries.
1. Regarding all Diocesan Committees, Councils, Subcommittees and Task Forces
a) The Bishop, and the Diocesan Synod and its canonically established Committees and councils shall have power to establish Subcommittees, Advisory councils and Task Forces.
b) Any representative from this Diocese on any General Synod or Province of Ruperts Land Committee, Council, Subcommittee or Task Force shall sit ex officio upon the diocesan equivalent, if such equivalent exists.
c) Any Committee, council, Subcommittee or Task Force, at the discretion of its chairperson, may meet by conference call if there is urgent business that cannot wait until its next regularly scheduled meeting. Decisions of such conference call meetings shall have the same effect as when the members meet in person.
d) Any duly established Committee, Subcommittee, council or Task Force shall have the necessary travel expenses of its members paid by the diocese at the diocesan Rates as established by the Executive Committee or Synod.
e) Any Committee, Subcommittee or Task Force may co-opt up to a quarter of its membership unless otherwise specified by its parent body or by canon.
f) Members of committees are entitled to exercise their committee responsibilities until the convening of the next regularly scheduled meeting of Synod.
2. The Diocesan Canons and Constitution Committee
a) The Diocesan Canons and Constitution Committee shall consist of:
i) the Bishop and the Chancellor ex officio,
ii) one clerical and one lay member at large elected by the Synod,
iii) four persons, appointed by the Bishop, at least one of whom shall have a degree in Theology and one of whom shall have a degree in Law,
iv) such persons as may be specified elsewhere in the canons.
b) The Diocesan Canons and Constitution Committee shall:
i) discuss, advise on, and respond to all questions and issues of a canonical nature when so requested in writing by any person or corporate body of the church,
ii) endeavour to ensure that within the Diocese any regulation or resolution that is passed or proclaimed is consistent and congruent with the Constitutions and Canons of the Synod of the Diocese, the Synod of the Province of Ruperts Land and the General Synod of the Anglican Church of Canada,
iii) report regularly to the Bishop, the Executive Committee and the Synod on its work.
c) The Bishop may retain or delegate the position of chairperson. The Diocesan Canons and Constitution Committee shall elect any other officers.
3. The Diocesan Program and Planning Committee
a) The Diocesan Program and Planning Committee shall consist of:
i) the Bishop, Dean of the diocese, the vice-chairperson of the Diocesan Council on Aboriginal Affairs (or interim delegate thereof) and the chairperson of the Diocesan Canons and Constitution Committee (or interim delegate thereof), ex officio,
ii) such members as are provided for in the canon on Regional Deaneries,
iii) three members appointed by the Bishop,
iv) such members as may be specified elsewhere in the Canons and Constitution of the diocese.
b) The Diocesan Program and Planning Committee shall be responsible for the program and planning work of the diocese, shall advise the Bishop, the Executive Committee and the Synod on such work and shall be directly accountable to the Diocesan Synod and its Executive Committee and shall make reports to all meetings of the same.
c) The Diocesan Program and Planning Committee shall elect its own officers.
4. The Diocesan Finance and Property Committee
a) The Diocesan Finance and Property Committee shall consist of:
i) The Bishop, Chancellor, Dean, Archdeacons, Registrar, treasurer, secretary of Synod, and the chairperson of the Diocesan Council of Aboriginal Affairs (or such chairpersons delegate),
ii) up to two appointees of the Bishop,
iii) four members of the Executive Committee elected from its membership at a caucus of the Executive Committee following its election at Synod,
iv) such persons as may be specified elsewhere in the Canons and Constitution of the diocese.
b) The Finance and Property Committee shall advise the Bishop, the Executive Committee, and the Synod on all matters of finance and property and shall advise the Bishop on matters of finance and property that require the Bishops decision between meetings of the Executive Committee. The Finance and Property Committee shall be accountable to the Executive Committee and the Synod and shall give a report of its work to each meeting of the same.
c) The Bishop may retain or delegate the position of chairperson. The secretary of Synod shall be the secretary of the Finance and Property Committee.
5. The Diocesan Council on Aboriginal Affairs
a) The purpose of the council shall include consideration of:
i) better and open communication within the Diocese of Brandon, especially in aboriginal affairs;
ii) styles of worship with consideration to and respect of aboriginal beliefs, customs and traditions;
iii) leadership and the on-going training of suitable candidates for leadership in aboriginal communities, in consultation with the bishop, examining chaplains, and training centres;
iv) factors contributing to negative conduct in communities, such as alcoholism, vandalism;
v) provision of information to the people of the availability of educational opportunities and funding sources;
vi) other concerns and issues which may from time to time arise;
vii) advice to the bishop, synod, and all synod committees on all such matters when applicable.
b) The membership of the Diocesan Council on Aboriginal Affairs shall consist of:
i) the bishop, ex officio;
ii) one (1) communicant member, elected from each congregation in the diocese with substantial aboriginal membership; or
iii) two (2) communicant members, elected from each congregation in the diocese with a majority aboriginal membership;
iv) all aboriginal clergy in the diocese, ex officio;
Disputes regarding eligibility under sections ii, iii, or iv, shall be decided by the bishop.
v) such persons as may be specified elsewhere in the canons, including co-opted members as allowed for in Canon X 1.e).
c) The council shall meet at the call of its chairperson no less than two (2) times a year and no more than four (4) times a year except at the request of the bishop or of any three (3) of its members.
d) The executive of the Diocesan Council on Aboriginal Affairs shall be ex officio members of The Pas Deanery Council.
e) The chairperson shall represent the council on the Diocesan Executive, and Finance and Property Committees. The vice-chairperson shall represent the council on the Diocesan Program and Planning, and Canons and Constitution Committees. However the chairperson and vice-chairperson respectively may, from time to time, delegate those responsibilities to other members of the council. The bishop shall appoint a member of the council to the Diocesan Doctrine and Worship Committee.
f) The council may make its own internal regulations including those governing the procedures for nominating and electing its own elected members, and their terms of office.
1. At the beginning of each year the secretary of Synod shall forward to every incumbent and to every person in charge of a parish or mission in the diocese, and in the case of a vacancy, to the churchwardens, four copies of a Statistical Form approved by the Executive Committee. Copies of the completed form shall be sent to the Regional Dean and Archdeacon. One copy shall be sent to the secretary of Synod, together with a copy of the audited financial statement.
2. The Program and Planning Committee of the diocese shall tabulate the information thus given, which table shall afford (among other uses) a basis of assessment for the Diocesan Budget, and which table shall be presented to the Bishop by the first day of March in each year and shall subsequently be laid before the next following Synod in a convenient form.
3. The parish or mission shall pay such assessment as is laid down by the Synod in accordance with the table based upon the Statistical returns provided by the parish or mission.
4. Upon failure by a parish or mission to comply with the requirements of this canon and there being no explanation provided satisfactory to the Executive Committee, such committee shall have the power to deprive such a parish or mission of the right of representation at Synod.
TIME OF ELECTION
1. The election shall take place at a time specified in the
convening circular of the session of Synod.
SCRUTINEERS
2. Two clergy and one lay member shall be named by the chairperson
to act as scrutineers of the votes of the clergy, and two lay members and one
cleric as scrutineers of the votes of the laity, in each election.
3. Nominating Committee
a) At least 30 days prior to the opening day of the Synod, the Executive Committee shall appoint a Nominating Committee consisting of 3 Clergy and 3 Laity.
b) In addition the Bishop shall appoint one person who shall be the chairperson of the Nominating Committee.
REQUIREMENT FOR ELECTION
4. Election of delegates to General and Provincial Synods
shall take place at the meeting of Synod which immediately precedes those Synods.
One lay delegate to Provincial Synod must be between the ages of sixteen and
twenty-five years inclusive as at the next regular session of the Provincial
Synod. One lay delegate and one clerical delegate to General Synod and to Provincial Synod shall be of aboriginal ancestry. If a nominees aboriginal ancestry is questioned, the Bishop shall make a ruling.
SLATE OF NOMINEES
5. After receiving recommendations from the deanery councils,
the Nominating Committee shall present to the Synod a list of nominees of
both clerical and lay delegates for the following positions:
a) as 3 clerical delegates and 3 lay delegates to General Synod, subject to Section 4 of this canon, at least 6 clergy and 6 lay persons,
b) as 4 clerical delegates and 4 lay delegates to Provincial Synod, subject to Section 4 of this canon, at least 8 clergy and 8 lay persons, of whom at least two must be between the ages of sixteen and twenty-five years inclusive as at the next regular session of the Provincial Synod.
c) as members of the Executive Committee, 3 clergy and 5 lay persons,
d) as members of the Canons and Constitution Committee, one cleric and one lay person,
e) as members of the Diocesan Court Lists, 4 clergy and 4 lay persons.
WRITTEN CONSENT REQUIRED
6. Each nominee selected by the Nominating Committee shall
consent in writing to being nominated, and such consent shall be presented with
the Committees report.
NOMINATED FROM THE FLOOR
7. Upon the acceptance of the Nominating Committees report, the chairperson
of Synod shall call for further nominations from the Floor for any of the
positions listed in Section 5 above. Nominators shall file the written consent
of their respective nominees upon making such nomination.
MANNER OF VOTING (1)
8. The voting for the Executive Committee, the Canons and
Constitution Committee and Diocesan Court lists shall be by Orders. Each person
shall deposit his or her own ballot.
MANNER OF VOTIONG (2)
9 . Voting for delegates to General Synod and Provincial Synod will be governed
by Section 12, b) of the Constitution and Section 4, h)ii. of the Rules of
Order which say that the votes of the Synod shall be taken collectively, unless
the Bishop or any three members of Synod request a vote by Orders.
ROLL CALL
10. The Roll may be called by the Secretary of Synod and the Honorary Secretaries
respectively, and as each name is called the person named shall deposit the
ballot in the boxes provided for the purpose, one for each Order and for each
election.
COUNTING THE BALLOTS
11. On each ballot being declared closed by the chairperson,
the scrutineers shall retire for the purpose of counting the ballot. They shall
report the result to the chairperson on a form provided for the purpose giving
the names in order of votes cast. In such case the members of each order elected
as delegates, to General and Provincial Synods shall be those receiving the
highest numbers of votes cast. Alternate delegates shall be those receiving
the next highest numbers of votes cast. The members of each order elected to
the Executive Committee of Synod and the Canons and Constitution Committee shall
be those receiving the highest number of votes cast.
QUORUM INCLUDES SCRUTINEERS
12. For the purpose of a quorum, the scrutineers shall be
counted as present while engaged in their duties.
SPOILED BALLOTS
13. A ballot paper shall be deemed to be spoiled if more
persons are voted for than are to be elected, or if a ballot paper is signed.
The scrutineers shall report the number of such spoiled ballots to the chairperson.
LOSS OF ELIGIBILITY
14. Any elected delegate to either the General or Provincial
Synod ceasing to be a member, or eligible for membership in the diocese, shall
cease to be a delegate from this Synod.
ALTERNATE DELEGATES
15. It shall be the duty of every elected delegate to notify
the secretary of the diocese of said delegates ability, or otherwise, to attend
the Session of the Synod of which said delegate has been elected a member, two
full weeks previous to the opening thereof. In the event of such notification
not being received, then the secretary of the Synod shall inform the alternate
next in order that said substitute is entitled to attend the said Synod, and
shall also notify the elected delegate that such action has been taken.
CERTIFICATION OF ELECTION
16. A certificate of election containing the names of the
delegates of each Order, and the alternates of each Order, signed by the chairperson,
shall be forwarded by the secretary of the diocese to the Secretaries of the
General and Provincial Synods immediately upon every such election.
1. The lay delegates elected as provided for in the Constitution shall, during their term of office, attend the meeting, or meetings, of the Diocesan Synod duly summoned by constituted authority.
2. The lay delegates on their election shall:
a) represent the Synod in the parish or mission,
b) promote an interest in the missionary and other work of the church, both within and beyond the limits of the diocese,
c) secure adequate financial support from the congregation for all schemes undertaken or approved by the Synod of the diocese,
d) at a meeting of the congregation specially convened for the purpose, or in some other way, given an account of such subjects or schemes discussed at or adopted by the Synod, as may be of interest to or require the consideration or support of the congregation.
1. Diocesan Endowment Fund
a) Inasmuch as a Capital Fund for the extension and maintenance of the work of the church within the Diocese of Brandon has been established by the Synod of the diocese, it is hereby enacted that the said Capital Fund shall be known as the Diocesan Endowment Fund, to be administered by the Executive Committee as hereinafter provided.
b) It shall be the duty of all members of the Synod of the diocese, and of all church people within the diocese, to promote the said Endowment Fund by donations, subscriptions, collections, and bequests of real and personal property. In every parish or mission, opportunity shall be given annually to promote the fund by an offering for that purpose.
c) All such donations, subscriptions, collections and bequests shall form part of capital and shall be vested in the Synod in trust. interest earned form the fund shall from time to time be appropriated toward such objects in the work of the church as the Executive Committee shall decide.
2. The Divinity Student Fund
a) The Divinity Student Fund shall consist of all monies, income and properties of any kind or monies realised therefrom, which have been given, devised or bequeathed, for the purpose of assisting students studying or intending to study, for Holy Orders.
b) To receive benefits from this Fund students must meet the following requirements:
i) that they be accepted by the Bishop of Brandon as candidates for Holy Orders.
ii) that they agree to serve in the Diocese of Brandon for a period of three years after Ordination or, with the approval of the Bishop, for a lesser period.
3. Parsonage House and Mission Church Building Fund
1. There shall be a Fund to be known as the Parsonage and Mission Church Building Fund for the granting of aid towards the erection and maintenance of clergy housing and mission churches in this diocese.
2. The Executive Committee may make such rules and regulations as are requisite for the carrying out of the provisions of this canon.
1.
a) Whenever it comes to the attention of the Bishop that a dispute exists between any other members of the diocese, and that such dispute cannot be settled by the parties themselves, and that such dispute, in the opinion of the Bishop, is injurious to the peace, prosperity, and health of the diocese, or any members thereof, or any parish, mission or institution thereof, the Bishop in person may act as Arbitrator in the case and seek to assist the parties to the dispute in resolving their differences.
b) Before proceeding with any Arbitration, the Bishop may delegate the responsibilities of Arbitrator to any one of:
i) the Dean,
ii) the chancellor,
iii) an Archdeacon,
iv) a Regional Dean.
2. Should the parties be unable to resolve their differences with the assistance of the Arbitrator and should there be no indication to the Arbitrator of an offence against the laws ecclesiastical which should be referred immediately to the procedure of the canon on Discipline, the Bishop may, in writing, order the parties to the dispute to cease and desist and shall send a copy of such order to the registrar.
3. Should any or all of the parties refuse to cease and desist, in response to such order of the Bishop, the Arbitrator may lodge a complaint that such parties who have refused to cease and desist are guilty of contumacy or disobedience towards the Bishop and proceedings may be instituted under the canon on Discipline.
4. The Arbitrator in a case under this canon shall be disqualified from serving on a Commission of Enquiry or Diocesan Court concerned with the same case.
1. Interpretation
a) This canon is intended to be consistent and in harmony with the Declaration of Principles, Constitution and Canons of the General Synod of the Anglican Church of Canada, the Constitution and Canons of the Ecclesiastical Province of Ruperts Land, and the Constitution of the Diocese of Brandon.
b) In this canon:
i) complainant means the person or persons making a complaint, request or report,
ii) respondent means a person or persons with respect to whom a complaint or charge has been issued,
iii) Bishop means the Bishop of the Diocese, or in the Bishops absence, illness, or other incapacity means the Bishops commissary, or during a vacancy in the See means the administrator of the Diocese,
iv) Registrar means the Registrar of the Diocesan Court,
v) offence means an offence as defined in the canon on Discipline in the Canons of the General Synod of the Anglican Church of Canada,
vi) complaint means a complaint, report or request as referred to in this canon but does not include a complaint relating to sexual abuse or sexual harassment, which shall be dealt with in accordance with the current diocesan policy on sexual abuse or sexual harassment,
vii) charge means a charge as referred to in this canon,
viii) the Diocesan Court means the court constituted under the provisions of these canons,
ix) chairperson of the Enquiry means the person to whom a formal complaint is made or referred.
2. Jurisdiction
a) Every priest, deacon, or lay person licensed or appointed by the Bishop, or elected, appointed or commissioned to a Synodical Office or an office or responsibility within a parish, mission, or institution within the Diocese shall be subject to discipline under the provisions of this canon for the commission of an offence or offences in the manner herein provided.
b) Subject to the provisions of Canons 17 and 18 of the General Synod of the Anglican Church of Canada and the rubrics of page 66 of the Book of Common Prayer of the Anglican Church of Canada, any person not holding a license of the Bishop shall be subject to discipline for an offence committed in the Diocese.
3. Complaint
a) Whenever a complaint or report is made by any of:
i) the Dean,
ii) the Chancellor,
iii) an Archdeacon,
iv) a Regional Dean,
v) three or more clergy,
vi) the corporation of a parish, mission or institution of the diocese,
vii) three lay persons of the diocese,
viii) the incumbent of a parish or mission in which an offence has allegedly been committed,
ix) a victim, or representative thereof, of a criminal offence for which the respondent has been convicted and for which an appeal is not pending, to the Bishop, or delegate thereof, that any person subject to this canon has committed an ecclesiastical or criminal offence, or that scandal or evil report exists concerning such person, such complaint, report, or request shall be made in writing, signed by such persons and (unless the Bishop be the complainant) sent by registered post to the Bishop, accompanied by the names of all known witnesses, the probable purport of their evidence, and such particulars as to time, place and circumstance as may assist in the investigation.
b) Whenever any person requests that a report injurious to his or her character should be investigated, the same procedure shall apply as in section 3) a of this canon.
c) Every complaint shall be accompanied by cash, certified cheque, or money order, payable to the Registrar, in the sum of $100, together with a bond acceptable to the Registrar to pay such amount of taxed costs as shall be in excess of the said deposit of $100 in the event of the complaint or charge being dismissed with any or all costs.
In the event of:
i) the complaint or charge laid pursuant to XIV) 6) a) ii being dismissed with costs, the amount of such cheque or deposit, or such thereof as may be taxed, shall be paid to the respondent, or the agent or attorney of the same, for the reimbursement of actual expenses incurred in answering such complaint or charge,
ii) such taxed costs exceeding the amount of $100, such excess may, if unpaid after the expiration of one month from the presentation of such taxed bill to the party liable or the agent or attorney of the same in the cause, be sued for in the civil courts, on the said bond,
iii) the charge laid pursuant to 6, a, ii being proved in whole or in part, such deposit, or a proportionate part thereof, to be fixed by the Diocesan Court, shall be restored to the complainant.
d) Every complaint under this canon shall be made within twelve months of the public knowledge of the alleged commission of the offence and not afterwards, provided that whenever any complaint or report is made in respect of any offence for which a conviction has been sought or obtained in a criminal court, said complaint shall not be made before rights of appeal are exhausted and a final verdict obtained and not after twelve months have elapsed from the final verdict.
4. Commission of Enquiry
a) Upon receiving a complaint the Bishop may act as chairperson of the Commission of Enquiry or may refer such complaint immediately to the Dean, the Chancellor or an Archdeacon who shall then act as chairperson of the Commission of Enquiry.
b) On receipt of said complaint, report or request the chairperson shall review the information contained therein and:
i) if satisfied that said complaint is frivolous, or vexatious, or otherwise an abuse of the provisions of this canon, or shows no offence under this canon, the chairperson shall dismiss with costs such complaint, and shall state such decision in writing with reasons therefor, and shall file the same of record with the Registrar, and shall cause a copy thereof to be sent to the complainant, and in such case no further proceedings shall be taken on such complaint, saving the complainants right to appeal,
ii) if not dismissing the case for any of the above reasons and if satisfied that the complainant is acting in the capacity of a Diocesan officer, the chairperson shall direct the Registrar to return the complainants deposit and bond to the complainant, and the costs of the proceedings shall be borne by the Diocese.
c) If not dismissing the complaint, the chairperson shall:
i) serve the respondent with a copy of the complaint, and a statement of the alleged offence,
ii) inform the respondent of the respondents right to counsel at all times during the proceedings,
iii) cite the respondent to appear, personally or by way of counsel, before said chairperson to make such statement as the respondent may desire to make voluntarily. Any such voluntary statement made by the respondent in person or by way of counsel may not be used in evidence against that person in any subsequent proceeding.
d) Should the respondent, personally or by way of counsel, freely admit to unmitigated guilt, the chairperson shall refer the case to the Bishop for sentencing.
e) No attempt shall be made to coerce or tempt the respondent into admitting unmitigated guilt at this or any point in the proceedings by way of:
i) promise of a lighter sentence,
ii) threat of embarrassment by public exposure,
iii) threat of a harsher sentence should the matter proceed to the Diocesan Court,
iv) promise of withholding information from secular authorities,
v) promise of transfer,
vi) promise of withholding information from the respondents employment file or from other ecclesiastical authorities,
vii) threat of withholding preferment,
viii) or, any other measure which subverts the respondents right to due process.
f) Should the respondent not freely admit to unmitigated guilt, the chairperson of the Commission of Enquiry shall appoint two other commissioners who shall be of the respondents own order, (clergy or lay)
g) Members of the Commission of Enquiry are disqualified from being members or officers of the Diocesan Court hearing the same case.
h) The Bishop, or, if the Bishop be the complainant, the chairperson, may inhibit the respondent (whether clergy or lay) from the performance of any or all ecclesiastical duties and in a manner consistent with the description of such inhibition found in the canon on Discipline of the Canons of the General Synod of the Anglican Church of Canada.
5. Manner of Enquiry
a) The commission or a majority of the members thereof:
i) may require the attendance of witnesses,
ii) may examine under oath all witnesses whom they deem it necessary to summon or whose evidence may be tendered to them, whether for or against the respondent,
iii) may take evidence by statutory declaration under the Canada Evidence Act or other method allowed by the laws of the Province,
iv) may examine the records of any court, parish, mission, institution, person or corporation,
v) may obtain information by correspondence (by way of affidavit), or observation,
vi) may determine the times and places for the hearings,
vii) may require the production of documents, correspondence, record and writings, for the purpose of prosecuting fully the Enquiry and determining whether there is sufficient prima facie ground for instituting further proceedings.
b) A verbatim record shall be made by the commission of all evidence and information obtained by them, and for this purpose the commission may employ a stenographer or clerk.
c) The complainant, the respondent, and counsel or agents thereof shall be entitled to attend the proceedings of the commission and to examine any of the witnesses and evidence.
d) All proceedings of the commission shall be in camera.
e) The commission, or a majority of the same, may adjourn the hearings, from time to time, and from place to place.
f) Every notice, summons or other paper to be served in pursuance of this canon, shall be served personally, or, if personal service is unable to be effected, by sending such notice addressed to such person by registered post to such persons last known place of residence; or, in case the respondent shall have designated in writing any person or counsel or agent upon whom or any place at which such notice, citation or papers may be served, then in such manner upon such person, counsel or agent, or at such place.
g) Should any member of the church, other than the respondent, who is summoned to attend the commission to give evidence, or who is present at a hearing of the commission, refuse to testify, for reasons other than professional privilege or self-incrimination, the commission may charge such person with contumacy or contempt and after notice of hearing, and conviction before the Diocesan Court, the Bishop shall admonish such person and may impose suspension from the communion of the church if the person is of the order of laity, or, may impose suspension from the exercise of ministry in the church if the person is of the order of clergy.
6. Findings of the Enquiry
a) Within five days from the date of the last hearing:
i) if the commission or the majority thereof find that there is not sufficient prima facie ground for instituting further proceedings against the respondent the case shall be dismissed by the commission with or without costs, and the findings, record of Enquiry, together with the depositions of the witnesses shall be filed with the Registrar and remain in the Registrars custody and no further proceedings in respect of the alleged offence shall take place, saving the complainants right to appeal;
ii) if the commission finds that there is sufficient prima facie ground for proceeding, it shall charge the respondent with the offence and shall transmit its findings, record of enquiry, report, together with the deposition of witnesses to the Registrar and certified copies thereof to the respondent, and shall refer the case to the Diocesan Court.
b) If the respondent holds any preferment in another Diocese, or the license of the Bishop of another Diocese, the Registrar shall transmit a copy of the depositions, record, and report and of any charge or finding formulated thereon to the Bishop of such other Diocese, and further proceedings in respect of said charge shall be subject to the canon on Discipline of the General Synod of the Anglican Church of Canada.
7. Previous Conviction
a) Notwithstanding the other provisions of this canon, in cases described in Section 11 of the canon on Discipline of the General Synod of the Anglican Church of Canada, and subject to other provisions of said canon on Discipline of said General Synod, the Bishop may refer, or have referred, such cases immediately to the Diocesan Court without any Commission of Enquiry.
1. There is hereby established and constituted a Diocesan ecclesiastical court to be styled the Court of the Diocese of Brandon, and referred to in this canon as the Diocesan Court.
2. Jurisdiction
a) Subject to the Constitutions and Canons of the Diocese of Brandon, the Ecclesiastical Province of Ruperts Land, and the General Synod of the Anglican Church of Canada, the Diocesan Court has jurisdiction:
i) in respect of all ecclesiastical causes within the Diocese,
ii) in respect of all offences against the laws ecclesiastical as described in the canon on Discipline of the General Synod of the Anglican Church of Canada,
iii) in respect of the settlement of any dispute within the Diocese when requested to do so by any party to the dispute or by any person within whose jurisdiction the dispute has taken or is taking place, or by an Arbitrator,
iv) to determine the validity or interpretation of any provision of the Constitution and canons of the Diocese, or of any legislation or regulation of any body corporate of the Diocese when requested to do so by any of the bodies referred to in 2, a), v) below,
v) to consider any matter referred to it by the Diocesan Synod, the Executive Committee, the diocesan Bishop, the deanery council of any deanery within the Diocese or the corporation of any parish, mission or institution within the Diocese,
b) Notwithstanding 2, a), ii) above, the Diocesan Court has no jurisdiction with respect of the trial of Bishops for offences against the laws ecclesiastical.
3. Membership and Officers
a) Except as hereinafter provided, the Diocesan Court shall be composed of:
i) the diocesan Bishop, in this canon called the President,
ii) two clerical members, canonically resident in the diocese, and of at least five years in Holy Orders,
iii) two lay members, each being a communicant in good standing for at least five years in the Anglican Church of Canada, and canonically resident in the Diocese, at least one of whom is or has been a member of the Bar for at least five years.
b) No Bishop or other person who is:
i) a complainant or respondent,
ii) an arbitrator in the dispute
iii) a member of the Commission of Enquiry relating to the matter at hand, or has any other immediate concern with the matter at hand shall be a member or officer of the Diocesan Court.
c) Should the Bishop be disqualified by reason of section b) above, the following shall apply:
i) in the case of a trial of discipline against a cleric, the Dean, or if the Dean be disqualified, a third name shall be drawn from the clerical List (as described below) and the cleric senior in Holy Orders, of the three clergy drawn, shall be president,
ii) in the case of a trial of discipline against a lay person, the Chancellor, or if the Chancellor be disqualified, a third name shall be drawn from the lay List (as described below) and the lay person with seniority of canonical residence in the Diocese, of the three laity drawn, shall be president,
iii) in all other cases, the Dean, or if the Dean be disqualified, the Archdeacon senior by order of appointment or collation, shall be president.
d) Before the Court convenes, should a vacancy in the membership of the Diocesan Court occur for any reason, or should any member become disqualified for any cause, the president shall fill the vacancy by a further drawing of lots (as described below) from the applicable List, or, if the List be exhausted, by appointment.
e) Members of the Diocesan Court, other than the president (except as described in section c), shall be drawn by lot from two Lists of names, one clerical and one lay. The Diocesan Synod shall, at each regular session thereof, elect, by orders, four names to each List. The diocesan Bishop, at each regular session of Synod, shall appoint four names to each List.
f) The president shall be the chairperson of the Diocesan Court.
g) The Diocesan Registrar shall function as Registrar of the Diocesan Court.
h) The president shall appoint no less than two assessors, one of whom shall be a member of the Bar of at least five years standing, one of whom shall be a priest of the Anglican Church of Canada with at least ten years in Holy Orders. In a proceeding involving a question of doctrine, at least one assessor shall be a theologian who is a member of the Anglican Church of Canada. Assessors need not be resident in the diocese. No assessor shall be chosen who has been involved in the case at hand.
4. Proceedings
a) The quorum of the Diocesan Court shall consist of a majority thereof and shall include the president.
b) The Diocesan Court may sit in any parish or mission of the Diocese at such times and places as the president shall from time to time order and direct.
c) The Diocesan Court may, on summary application, dismiss (with or without costs) any case that is frivolous or vexatious or otherwise an obvious abuse of the process of the Court.
d) The Diocesan Court shall determine all questions of evidence and procedure.
5. Sentences
a) The Diocesan Court shall have power to impose such sentences as it may decide within the limits set out in the canon on Discipline of the General Synod of the Anglican Church of Canada.
b) The Diocesan Court may impose costs on any or all of the parties.
c) No sentence of the Diocesan Court may be enforced while an appeal to the judgement of either the Court of the Ecclesiastical Province of Ruperts Land or the Supreme Court of Appeal of the Anglican Church of Canada is pending.
d) The decision of the majority of the members of the Diocesan Court shall be final and binding, unless appealed.
e) In the event of an equality of votes, the president may either declare a mistrial or refer the matter to the Court of the Ecclesiastical Province of Ruperts Land.
f) The decision of the Diocesan Court shall be in writing and a copy thereof shall be furnished to each of the parties to the proceedings.
6. Rules and Procedures
a) The Diocesan Court shall make or adopt such rules and orders as to procedure and practice and forms thereof as it, from time to time, may deem necessary.
b) Where no applicable rules and orders have been made or adopted by the Diocesan Court in its proceedings or where provision has not been made in this canon, the Court shall follow the rules of the Supreme Court of Appeal of the Anglican Church of Canada, mutatis mutandis.
APPOINTMENTS
1. The appointment to any parish, mission, or office in an
institution under the jurisdiction of the Bishop shall rest with the Bishop
and all appointments shall be by license under the hand and seal of the Bishop.
VACANCIES
2. Where a vacancy arises for any reason in a parish or mission
the process outlined in the current episcopal policy on appointments shall be
initiated.
LIMITED LICENSE
3. Where circumstances warrant, the Bishop may grant to a
cleric a limited license, which may be renewed or revoked at the discretion
of the Bishop.
RESIDENCE REQUIREMENT
4. A cleric appointed to a parish or mission shall take up residence therein
unless the Bishop dispenses with this requirement in writing. In the case
of multiple parishes or missions with one incumbent, the residence of the
cleric in any one of the parishes or missions shall suffice to fulfil this
residence requirement.
INDUCTION OF CLERGY
5. A cleric appointed to a parish or mission shall be formally
instituted and inducted into the same.
CHANGES TO GROUPING OR BOUNDARIES OF PARISHES OR MISSIONS
6. Where the cleric has been instituted and inducted into the incumbency of
two or more parishes or missions and the Executive Committee of Synod, with
the approval of the Bishop, has rearranged the grouping and/or boundaries
of said parishes or missions, the Bishop shall call upon the incumbent to
select which portion of the said parishes or missions he or she wishes to
retain, and in the incumbent fails to make a selection within a mutually agreed
time period the Bishop shall make the selection.
NOTICE OF RESIGNATION
7. Any cleric wishing to resign his or her parish or mission
shall give three months notice in writing to the Bishop or the Bishops commissary,
who, upon receipt of such resignation, shall notify the churchwardens of said
parish or mission.
Every person before being licensed to the care of souls, and on such other occasions as may be required by the Bishop, shall in the presence of the Bishop or commissary acting for the Bishop, make or take and subscribe to the declarations and oaths set out in the Canons of the Province of Ruperts Land, as revised from time to time.
The Bishop has the power and discretion to prohibit clergy not licensed in this diocese from performing any clerical function in the diocese, by a letter addressed to him or her. If necessary this warning will be made known to any and all clergy of the diocese. After receipt of the Bishop s notice, no clergy shall give permission to such prohibited clergy to perform any clerical function in the diocese.
STUDY LEAVE
1. Every cleric and lay pastoral worker in full or part time
employ of the Diocese of Brandon or regularly engaged in non-stipendiary ministry
shall be entitled to up to three weeks per calendar year of study leave for
the purpose of continuing education and spiritual formation for ministry. In
the case of individuals working on a part time basis study leave shall be pro-rated
accordingly with their level of work.
ACCUMULATION OF LEAVE
2. The annual study leave may be accumulated up to a maximum of sixteen weeks
at the end of five years of combined service in parish or mission ministry
or a professional position. If not used after five years, the study leave
remains at sixteen weeks, until diminished by use. In the case of individuals
moving into the Diocese, study leave accumulated under the National Church
Continuing Education Plan shall be recognised. Any exceptions to this policy
must be approved by the diocesan Bishop.
COMBINING OF STUDY LEAVE AND HOLIDAYS
3. While study leave may be combined with holiday time, such
study leave must be used for the purpose of continuing education or spiritual
formation.
PROPOSALS FOR STUDY LEAVE
4. The Synod Office shall maintain a record of all study
leaves. Those contemplating study leave shall inform Synod Office and the Bishop
including a proposal for their intended study leave. It is the Bishops prerogative
to approve or disapprove any proposal for study leave.
INTERVAL BETWEEN STUDY LEAVES
5. Individuals requesting study leave of more than one week
and having already taken study leave within the previous four months require
the permission of the Bishop before proceeding with arrangements for such study
leave.
BISHOPS APPROVAL FOR STUDY LEAVE
6. Absence from parish, mission or other appointment for
more than four weeks either of study leave or combined holidays and study leave
must be approved by the diocesan Bishop.
KEEPING THE HOME FIRES BURNING
7. Individuals utilising study leave shall, in consultation with their vestry
and Regional Dean, ensure that adequate provision be made to maintain the
liturgical and pastoral life of the parish or mission during their absence,
costs of which services shall be borne by the salary-paying source.
REMUNERATION DURING STUDY LEAVE
8. The normal stipend and allowances shall continue to be
paid by the salary paying source, according to Diocesan policy as set by the
Synod or Executive Committee from time to time.
DISPUTES OVER STUDY LEAVE
9. In cases of dispute between incumbents or assistants and their parishes
or missions over study leave, the Diocesan Bishop or episcopal delegate shall
resolve such disputes and such decision shall be binding on all parties.
1. All clergy working in or engaged to work in the Diocese of Brandon shall be entitled to receive full expenses for the cost of moving.
2. Moving expenses, which shall in all cases include insurance coverage, are the responsibility of the salary paying source(s) of the appointment to which the cleric is moving. In the case of diocesan appointments, such expenses shall be met by the Diocese.
3. Should a cleric employed under the terms of this canon request termination or transfer from an appointment prior to the expiration of three years from the date when appointed, such cleric, before leaving said appointment, shall reimburse the grantor(s) one thirty-sixth of the total moving expenses for each month remaining in the three year period unless:
a) a contract to the contrary was entered into as a condition of employment,
b) the Bishop requests termination or transfer of the cleric,
c) the cleric requests termination or transfer for verifiable health reasons, or
d) the cleric dies in office.
4. Where an appointment is terminated prior to the end of the three year period at the request of a salary paying source(s) other than the parish or mission in which the cleric is situated, reimbursement of the requisite share of moving expenses payable under Section 2 shall be made to the affected parish or mission by such salary paying source(s).
5. All clergy shall be informed of this canon prior to being engaged for employment within the diocese.
1. Intrusions
a) After the limits of the parish or mission have been defined, no person, though holding the license of the Bishop, shall officiate at any religious service, public or private, nor perform any Rite of the church within the limits of the said parish or mission without the consent of the incumbent of that parish or mission. During a vacancy the Regional Dean shall provide such permission.
b) This canon shall not be construed as in any way preventing clergy from providing ministry to any of their own parishioners whose place of residence is outside the parish boundaries.
c) The Bishop may at all times license clergy to officiate as chaplains in any hospital, school, jail or other public institution within the boundaries of a parish or mission.
2. Holy Matrimony
a) No cleric within the jurisdiction of the Diocese of Brandon shall solemnise a marriage between two persons except as provided for in the canons of the General Synod and in the Book of Common Prayer or Book of Alternative Services both of the Anglican Church of Canada.
b) Any cleric wishing to solemnise a marriage within a jurisdiction other than that of the Diocese of Brandon shall first obtain the approval of the Bishop of Brandon and of the proper authority of such other said jurisdiction.
3. Special Lay Ministries
The Bishop may recognise, authorise and regulate special lay ministries which may emerge from time to time in a parish or mission or in the diocese.
a) Lay Readers
i) Those applying to be licensed as lay readers shall:
a) be communicants in the parish or mission which they shall regularly serve,
b) have completed a course of study, as prescribed by the Bishop,
c) have served a one year probationary period under the direction of the incumbent, following the incumbents consulting the vestry.
ii) The Bishop may license lay readers on the recommendation of the incumbent and the annual general meeting of a parish or mission.
iii) Notwithstanding the above, the Bishop may license a lay reader who has been previously licensed in another jurisdiction or is currently licensed in the Diocese of Brandon at the time of the enactment of this canon.
iv) Lay readers shall work under the direction of the incumbent or, in the case of a vacancy in the parish or mission, the Regional Dean.
v) It shall be the duty of lay readers to:
a) officiate at, or assist in, the services of the church not required to be performed by a deacon, priest or Bishop, as authorised by the incumbent and the Bishop,
b) aid generally in pastoral work, at the request and under the direction of the incumbent.
vi) The license of a lay reader shall remain in force at the pleasure of the Bishop. Licenses shall be renewable annually upon the recommendation of the incumbent and the concurrence of the annual general meeting. Licenses are subject to renewal upon the appointment of a new incumbent.
vii) The Bishop shall appoint a priest as Warden of Lay Readers who shall be responsible for:
a) giving leadership and guidance to the lay readers in the diocese,
b) the order and discipline of lay readers in the diocese.
viii) When presiding at the services of the church, a lay reader shall be vested in cassock and surplice, or alb, and wear the badge of the office of lay reader. When assisting in the services of the church a lay reader may be appropriately vested.
ix) Lay Readers may be considered for the position of lay eucharistic administrant.
b) Lay Eucharistic Administrant
The Bishop may grant commissarial powers to any or all incumbents to authorise lay eucharistic administrants for administering Communion within the limits of such incumbents own parish(es) or mission(s), provided that:
i) such authority shall not be exercised without the yearly approval of the annual general meeting,
ii) the names of any and all lay eucharistic administrants shall be forwarded to the Bishop to be kept on file.
c) Ministries concerning the Reserved Sacrament
If specifically authorised to do so by the Bishop, a deacon or lay person may publicly or privately administer Holy communion from the Reserved Sacrament, provided that:
i) when a deacon or lay person presides in the absence of a priest or administers under the direction and supervision of a priest, the form to be used shall be one of the currently prescribed liturgical forms approved by the House of Bishops; and
ii) in all instances in which the Reserved Sacrament is distributed, the vestry book of the parish or mission in which the distribution is made shall be noted appropriately and signed by the presiding administrant.
1. The Formation and Organisation of Parishes and Missions
a) In any district where a parish does not exist, the Bishop may by deed erect and form a parish. In such deed the Bishop shall define the limits of that parish and name it. The deed shall be executed in duplicate and one copy shall be sent to the Registrar of the Diocese who shall register the same, and one copy shall be placed in the possession of the parish.
b) The Bishop may establish, define the boundaries of, and name a mission. Such Establishment shall be without deed of formation and shall be at the pleasure of the Bishop.
c) As soon as may be convenient after the execution of the Deed of Erection of a parish or the Establishment of a mission, the incumbent of the new parish or mission shall call a meeting of the parishioners for the purpose of electing churchwardens and other officers as required. This meeting shall be subject to the same regulations as an annual general meeting, respecting notice of meeting and procedures.
2. Changes in Formation and Organisation
a) Change in Parish and Mission Boundaries
i) The Executive Committee is hereby empowered to rearrange the grouping and boundaries of parishes and missions in the diocese, subject in all cases to the Bishops approval.
ii) Before proceeding with any such rearrangement the said committee shall appoint one or more commissioners who shall present one or more proposed rearrangements to the incumbent, churchwardens and vestry of each parish or mission affected, allowing sufficient time for congregational meetings or joint congregational meetings to consider the proposal(s), or submit alternate proposals. After making such further investigation as may seem desirable, the commissioner(s) shall submit a report to the said committee.
iii) If any parish or mission affected by the proposed rearrangement is opposed to the changes, the said committee shall arrange for a hearing, at which the incumbent and churchwardens of all parishes or missions affected, after due notice, may be heard. Following the hearing the said committee shall render its decision, which, subject to the Bishops approval, shall be final.
b) The Dissolution of Parishes or Missions
i) The Bishop may, with the consent of the Executive Committee, cancel the Deed of Erection of a parish or disestablish a mission following which a Certificate of Dissolution, as referred to in Section 9 of the Anglican Church of Canada Temporalty Act of the civil Province of Manitoba, shall be issued and Sections 9, 10, 11, and 12 of the same act shall become applicable.
ii) The Bishop shall not take such action without consulting the incumbent, churchwardens and vestry of the parish or mission affected.
iii) Prior to the cancellation of the Deed of Erection of any parish, or the disestablishment of any mission, the Bishop or delegate thereof shall attend a general meeting of the parish or mission called for the purpose of ascertaining the wishes of the congregation concerning the disposition of memorials, furnishings, church building(s) and other buildings in the parish or mission. However, the Finance and Property Committee, acting on behalf of the Synod, shall have the final decision, subject to the concurrence of the Bishop, with respect to the disposition of the real and personal property and all other assets or trust funds of the said parish or mission.
3. Organisational Structure
a) Single Parish or Mission
In every single parish or mission there shall be elected or appointed churchwardens, vestry, and other officers as provided for in this canon.
b) Multi-Parish or Mission Unit
Where two or more parishes or missions are served by one incumbent, each parish or mission shall have churchwardens, vestry and other officers elected or appointed as provided for in this canon. In addition, there shall be a joint council, whose membership and duties are provided for in this canon.
c) Parish or Mission General Meetings
i) It shall be the duty of the incumbent and/or churchwardens to call general meetings of the parish or mission as necessary, or as provided for elsewhere in the canons.
ii) The incumbent shall be the convenor and chairperson (ex officio) of all general meetings. In the case of the absence of or neglect by the incumbent, the churchwardens shall convene such meetings, and such meetings shall be chaired by either one of the churchwardens or by another parishioner, elected by the meeting.
iii) The chairperson shall have the usual powers appertaining to chairing any public meeting including the right to relinquish the chair from time to time, and shall relinquish the chair when entering debate (unless the meeting is functioning as a committee of the whole ) or when presenting a motion. The chairperson shall keep the meeting to the specified purpose, and shall decide all questions of order. The Rules of Order of the meeting shall be those of the Synod of the Diocese of Brandon, mutatis mutandis. The chairperson shall not have the right to vote. A tie vote shall be considered as defeating the proposition. The right of adjournment is in the meeting and must be decided without debate. The meeting must have a member of the corporation present.
iv) Subject to directions by the Bishop or the Executive Committee, there shall be an annual general meeting of the congregants as early in the new year as possible, for the purpose of receiving reports, accounts for the previous year ended the 31st of December, approving such budgets as may be required, and the election or appointment of churchwardens, vestry, auditors and lay delegate (s) to Synod, and the transaction of other necessary business.
v) At the meetings held in any parish or mission for the election or appointment of churchwardens, vestry, and for all other purposes, except for the election of lay delegates to Synod, every baptised person of at least fifteen years, and who is a congregant of the parish or mission shall be entitled to vote after having subscribed to the following declaration, which shall be attached to the minutes:
"I declare that I am baptised and am of the full age of fifteen years and that I am definitely identified with the work of the Church in the Parish or Mission of_______________________________________ and am therefore entitled to act as a congregant and be eligible to be elected as a member of vestry and, if a communicant of the full age of eighteen years, be eligible to be elected as a Churchwarden.
______________________________________________
vi) Notice of every meeting of congregants must be given by the Convenor in writing in the following form, and posted on the door of the church or in another prominent place, at least fourteen days prior to the date of the meeting:
______________________________________________
Notice is hereby given that a meeting of the congregation of the parish or mission of __________________________________________ will be
held, if the Lord will, on the ______________ day of
___________________ 19 _______ in the
_________________________(place)
at the hour of ______________ oclock
for the purpose of
_____________________________________________
_____________________________________________and of transacting such other business as may be lawfully dealt with at such meeting. At which time and place, every person who has been a member of the congregation for the past three months, being baptised, and of the age of fifteen years is entitled to vote.
Dated this _____________ day of
_________________________ 19_______
______________________________________________ Convenor
vii) Members of the corporation of a parish or mission (the incumbent and the two churchwardens ) may not be related in the first degree by blood, marriage, or adoption.
4. Vestries
a) Membership
The vestry shall consist of:
i) The incumbent, and assistant clergy, duly licensed by the Bishop, and any stipendiary lay pastoral workers, or full time non-stipendiary lay pastoral workers, duly licensed by the Bishop,
ii) the churchwardens,
iii) the secretary of vestry,
iv) the treasurer,
v) the lay delegates to Synod,
vi) four members at large to be elected by the annual general meeting,
vii) up to four additional members at large appointed by the incumbent (permissive) ; unless the incumbent has waived this right in advance of the election, in which case, up to four additional members at large as may be elected by the annual general meeting (permissive),
viii) such further number, up to four, as the new vestry may choose to co-opt at its first meeting, or at any meeting thereafter, with special consideration for representatives of parish organisations, or persons with special expertise.
In any case the vestry, apart from those members named in subsections i, ii), iii), iv), and v), shall not consist of more than 12 members at large. The annual general meeting may provide for continuity in vestry membership as such meeting sees fit. Notwithstanding the above, the whole congregation, from year to year, at the annual general meeting, may vote to act as the vestry.
b) Purpose of the Vestry
The vestry shall assist in developing the following qualities of Christian community:
i) as representing a worshipping community, through Word and Sacrament to celebrate their oneness in Christ, to proclaim Gods power and to develop commitment to Christian values for living;
ii) as representing a caring community, to focus attention on the quality of relationships among members, and outward to the world, to foster a spirit of neighbourliness and trust, to identify and address itself to the development of Christian lifestyles;
iii) as representing an empowering community to equip and enable persons and groups for the work of Christian Ministry as the People of God, to provide the resources, nurture, and skills necessary for growth in Ministry;
iv) as representing a redeeming community, to exercise a ministry of reconciliation between God and human beings, and persons and groups;
v) as representing a responsible community, to learn to become good stewards of all resources.
c) Every meeting of the vestry shall be opened with prayer, including the saying of the Lords Prayer.
d) Duties
It shall be the duty of the vestry :
i) to assist the incumbent and churchwardens,
ii) to deal (subject to the provisions of clause vi below) in vestry meetings with all the temporalty of the parish or mission and to pass resolutions concerning the same. Such resolutions shall be binding on the incumbent and churchwardens, except insofar as they infringe on the rights and obligations of the incumbent and churchwardens individually or corporately as set out in the canons of the diocese. No such resolution passed, to which a majority of the members of the corporation was opposed, shall be acted upon without first seeking a consensus on the resolution passed by the whole vestry including the incumbent and church wardens by the end of the next vestry meeting, or failing to reach a consensus, obtaining the written approval of the Bishop.
iii) to appoint, dismiss, and arrange remunerations for persons employed as office personnel, administrators, caretakers and other support personnel, and to arrange for the evaluation of such personnel as required,
iv) to consider financial statements presented to meetings by the churchwardens and to take any necessary action therewith,
v) to appoint a secretary, treasurer, auditor(s) and any other officers (with the exception of churchwardens ) which the annual general meeting may decline to appoint, and to fill any vacancies in elected membership (with the exception of churchwardens) which may occur between annual general meetings,
vi) to have the disposition of any property, whether real or personal, acquired by way of a gift, devise or bequest in the name of the parish or mission, unless specifically designated by the donor for a particular purpose where the value does not exceed $5, 000. 00 (five thousand dollars). Where the value of said gift devise or bequest exceeds $5, 000. 00, such disposition shall be decided by the congregants at a special general meeting duly called for that purpose. All dispositions of real property shall be subject to the approval of the Diocesan Finance and Property Committee,
vii) to oversee the program of the church in the parish or mission, and to this end the vestry shall receive reports from and give direction, advice, and counsel, as may be appropriate, to all groups and persons charged with the delivery of the churchs program within the parish or mission.
e) Quorum
The quorum of a vestry meeting shall consist of not less than one-third of the members, provided always that at least two members of the corporation are present.
f) The Calling, Convening, and Chairing of Vestry
i) Vestry meetings shall be called as needed by the incumbent, but not less than every three months. The vestry may establish a regular schedule of meetings, and may adjourn to meet at a later date fixed by the meeting itself.
ii) The incumbent shall be ex officio the Convenor and chairperson of all vestry meetings. The incumbent may appoint one of the churchwardens to be chairperson, or at the incumbents request the vestry shall elect a chairperson from its members. In the case of the absence of or neglect of the incumbent, the churchwardens shall convene such meetings and the vestry shall elect a chairperson from its members.
iii) The chairperson shall have the usual powers appertaining to chairing any public meeting including the right to relinquish the chair from time to time, and shall relinquish the chair when entering debate (unless the meeting is functioning as a committee of the whole ) or when presenting a motion. The chairperson shall keep the meeting to the specified purpose, and decide all questions of order. The vestry has the right to establish its own rules of order. The chairperson shall not have the right to vote. A tie vote shall be considered as defeating the proposition. The right of adjournment is in the meeting and must be decided without debate.
iv) If at any duly called meeting of the vestry the incumbent is not present, and has made no provision for a chairperson, the vestry shall elect a chairperson from its members.
5. Churchwardens and Other Officers
a) The churchwardens together with the incumbent form the corporation of a parish or mission (see the Anglican Church of Canada Temporalty Act of the Civil Province of Manitoba ) and by virtue thereof, are included as signing officers for the parish or mission.
b)
i) In every parish or mission there shall be two churchwardens, one appointed by the incumbent at the time of the annual general meeting and one elected by the annual general meeting.
ii) Churchwardens shall continue in office until their successors are appointed or elected and, if the office of churchwarden shall become vacant, by death, resignation, or otherwise or, if absent from the discharge of duties for three months without the consent of the Incumbent; the case of the elected churchwarden , a meeting of the parishioners shall be called as soon as may be convenient to elect a new churchwarden, and in the case of the appointed churchwarden, the Incumbent shall announce their choice for a new churchwarden, as soon as may be convenient, at the time of divine service. If there is no incumbent, the Bishop, in consultation with the Vestry shall appoint a new churchwarden who would normally be appointed by the Incumbent.
iii) The tenure of office of a churchwarden shall not normally exceed five (5) consecutive years.
c) Churchwardens shall be communicant members of the parish or mission, in good standing, and of at least eighteen years of age.
d) It is the purpose of the office of churchwarden to:
i) share with the incumbent the mutual responsibility in fulfilling the total ministry of the parish or mission,
ii) confer with the incumbent about the concerns and needs of the congregation.
e) It is the duty of churchwardens :
i) to ensure, with the incumbent that the decisions of the vestry and/or joint council are carried out,
ii) to report to the annual general meeting, and as needed, to the vestry and/or the joint council,
iii) to see that all the churchs services of worship are decently and regularly conducted and to provide all things necessary for the same,
iv) to have jointly with the incumbent the care of all the property of the church and to provide for the preparation, maintenance and safe-keeping of all parochial records and reports (refer to Section 4 of the canon on Parish and Mission Temporal Concerns),
v) to take care, as far as possible, that all persons attending church are accommodated,
vi) to see that the church building is properly and adequately heated, ventilated and cleaned,
vii) to keep the fabric of the church, parish hall and other church buildings, their contents and grounds in good order and repair and adequately insured (refer to the canon on Temporal Concerns Section 2),
viii) to keep in safe keeping an inventory of all lands, buildings, goods and chattels belonging to the parish or mission,
ix) to see that all insurance policies, securities, bonds and other valuable documents are in safe keeping and to have access thereto together with the incumbent and such other officers as may be appointed by the vestry,
x) to see that the Titles covering real property owned by the parish or mission have been registered in the appropriate land Titles Office, and to forward to the diocesan registrar for safe keeping all Titles, Deeds, Leases, Grants of Probate, and any other documents under which a parish or mission is granted or entitled to receive an interest in or charge upon real or personal property, (the Registrar may accept certified copies of such documents and may requisition further evidence as said Registrar deems necessary),
xi) to see that the offerings of the people and all contributions for general and special purposes are collected and properly recorded,
xii) to have conjointly with the incumbent the disposal of all monies contributed to the congregation, (subject to Section 4, d, vi, above),
xiii) to pay all salaries and accounts that have been approved by the vestry,
xiv) to pay over all sums received for special purposes,
xv) to provide the vestry with interim financial statements and as soon as possible after December 31st of each year to submit the parochial accounts and other financial records for the year with vouchers to the auditor(s),
xvi) to provide the vestry with quarterly financial statements, or as requested,
xvii) to obtain the consent of the vestry before incurring any unusual expense not provided for in the budget, (when such expense cannot be provided for out of the usual revenue of the parish or mission, a general meeting shall be called to decide upon the matter; see also Section 4 d), vi),
xviii) to present to the annual general meeting a copy of the audited financial statements with their signatures affixed and a proposed budget for the fiscal year, including a Balance Sheet showing the income and expenditure of the parish or mission during the last year and a statement of all assets and liabilities of the said parish or mission,
xix) to attend on the visitation of the Bishop, Bishops commissary, Archdeacon, or Regional Dean whenever requested,
xx) to hand over, after the annual general meeting, any monies in the hands of the retiring churchwardens together with the custody of all properties of the parish or mission.
f) The churchwardens may delegate the responsibility for keeping the parish or mission accounts and financial records to a parish or mission treasurer, nevertheless, it shall be the responsibility of the churchwardens to see that such accounts and financial records are properly maintained and audited.
g) Where there is a joint council, such duties of the churchwardens as relate to joint ministry, the rectory and related properties shall be transferred to the joint council and secretary-treasurer thereof.
6. Joint Councils
a) Where there is more than one parish or mission served by the same incumbent there shall be a joint council, drawn from the several parishes and/or missions, consisting of:
i) the incumbent, and assistant clergy, duly licensed by the Bishop, and any stipendiary lay pastoral workers, or full time non-stipendiary lay pastoral workers, duly licensed by the Bishop,
ii) the churchwardens,
iii) the lay Representatives to Synod,
iv) the treasurers,
v) such other persons as the joint council may choose to co-opt.
b) The purpose of the joint council shall be to unify the administration of the multi parish or mission unit in all causes of common concern to the several parishes or missions and to this end shall:
i) provide adequate housing, in kind or by way of allowance for each stipendiary cleric or lay pastoral worker (see canon on Parish and Mission Temporal Concerns),
ii) pay the stipends, benefits, and allowances of the incumbent, assistants, and lay pastoral workers and all other payments required or negotiated by the Synod,
iii) prepare and approve an annual budget and, at the first meeting in a given year, apportion or negotiate among the several parishes or missions, the amounts required to meet the obligations of the budget.
iv) meet at the call of the incumbent as soon as possible after the annual general meetings of the several parishes or missions to elect a chairperson, vice-chairperson and secretary/treasurer who shall hold office until their successors are elected.
c) It shall be the duty of the secretary-treasurer of the joint council:
i) to keep a proper record of the meetings of the council,
ii) to receive from the several parishes or missions their respective contributions,
iii) to keep the same in safe custody,
iv) to disburse the same, from time to time, under the direction of the joint council,
v) to give a financial statement at the joint councils Annual Meeting and at other times as requested.
d) The council may fix a schedule of meetings, but shall always meet at the call of the chairperson, or at the request of any three of its members.
7. Associations
a) No guild, auxiliary, club or other association shall be formed or continue in any parish or mission without the approval of the incumbent and churchwardens. No association already formed may be dissolved by the parish or mission corporation without the said corporation consulting the Bishop.
b) All such associations in any congregation shall be subject at all times to the direction of the incumbent and churchwardens who shall have power to suspend or dissolve any association which refuses or neglects to adhere to the provisions of this canon.
c) All associations connected with the congregation shall submit a report of their work in the previous year together with financial statements duly audited, to the annual general meeting of the parish or mission.
1. Property, Faculties and Memorials
a) No parish or mission church belongs to any one generation. It is important that any alterations or additions, or rearrangements to ornaments or memorials, of the church have a faculty from the Bishop. No faculty regarding property shall be issued in opposition to the expressed views of the corporation of the parish or mission.
b) No real property shall be purchased, building contracted for or erected, or substantial alteration in the fabric of any church, parish hall, or residence take place, nor shall any financial undertaking of an amount in excess of which shall be determined from time to time by the Finance and Property Committee, take place, until the plans, proposals, and any other information which may be required, have been submitted for written approval to the Finance and Property Committee and such approval, together with any applicable faculty from the Bishop, has been obtained.
c) Notwithstanding other sections of this canon, the incumbent and churchwardens may make such minor repairs and replacements to the fabric and furniture of a church as are necessary without a faculty being sought.
d) It shall be the responsibility of the incumbent and churchwardens to grant or withhold approval of all memorials and to apply for any applicable faculties or diocesan approval for the same. Such memorials become the sole property of the parish or mission. While in all cases pastoral sensitivity must be exercised, the incumbent and churchwardens shall be responsible for the placement, use and disposal of all memorials.
e) After a church building has been consecrated, the property shall not be mortgaged, (see Book of Common Prayer, page 681).
2. Rectories
a) It shall be the duty of every parish or mission to provide a suitable residence for the incumbent, or a housing allowance; the standards of either or both, from time to time, shall be determined by the Executive Committee.
b) The provisions of this canon shall apply, mutatis mutandis, to any full time assistant clergy and lay pastoral workers licensed to a particular parish or mission by the Bishop.
c) On the appointment of a new incumbent, the rectory and related properties shall be put into the incumbents possession in good repair, as certified by the Regional Dean or other representative of the Bishop.
d) At all times, it shall be the duty of churchwardens to keep the rectory and all related propert y in good repair, and the expense of any improvement or repairs, including new roofing, external or internal painting, new fencing, and matters affecting the stability or safety of the building, made necessary by the lapse of time, or by accidents of fire, flood, or tempest, or general wear and tear, and not arising out of any act of willful neglect on the part of the incumbent, or the incumbents family, shall be borne by the parish or mission.
e) It shall be the duty of the parish or mission to insure and keep insured the rectory and related buildings for their full insurable value.
f) Where there is a multi-parish or -mission unit, it shall be the duty of each congregation to bear its proper share of the expenses in providing the rectory and related properties, and of the expense of repairs, improvements and other upkeep. In such cases it shall be the duty of the joint council to administer the care and maintenance of the rectory.
g) It shall be the duty of the parish or mission to provide, along with the rectory, all utilities, such as heating, hydro, water and sewage and telephone (standard monthly rate and all calls related to parochial business).
3. The Support of the Clergy
a) The duty of maintaining the clergy rests upon the people to whom they minister and the responsibility of seeing that the stipend, benefits, and allowances are regularly and fully paid rests upon the churchwardens of the parish(es) and/or mission(s) served by the said clergy. The first charge on all ordinary church funds at the disposal of the churchwardens shall be the regular payment of the remuneration of the clergy and any stipendiary lay pastoral workers.
b) When arrears of stipend, benefits and allowances are due to a cleric who is about to leave a parish or mission, no successor shall be appointed until the said arrears have been paid, or provision made for the payment. In the event of a dispute arising between the cleric or stipendiary lay pastoral worker and the parish or mission with respect to the said arrears, the matter shall be dealt with in accordance with the canon on Disputes.
c) The rate of stipends, benefits and allowances to be paid to the clergy and stipendiary lay pastoral workers in the diocese shall be determined by the Executive Committee from time to time, subject to instructions given by the Diocesan Synod and by the General Synod of the Anglican Church of Canada.
4. Parish Registers, Records and Books
a) It shall be the duty of churchwardens in every parish or mission under the jurisdiction of this Synod to provide:
i) a book to contain the names of all persons declaring themselves to be members of the congregation as provided in Canon Thirty-Two,
ii) a book to contain the names of all communicants,
iii) a book for entering the minutes and resolutions of all Annual General, General, and vestry meetings,
iv) a book for the parish or mission accounts in which shall be entered all the receipts and expenditures, the assets and liabilities, and an inventory of all lands and propert y, together with the ornaments and furnishings of the church belonging to the parish or mission, (this book shall also contain a certified copy of the annual balance sheets),
v) a Vestry Book, or Register of Services,
vi) an official register of Baptisms, Confirmations, Marriages, and Burials,
vii) when required, a properly completed return of the statistical form approved by the Executive Committee as set forth in Canon Eleven,
viii) a book or index in which may be entered the names of all persons in the parish or mission who look to the church for any ministrations.
b) The incumbent shall be responsible for the correct keeping of i), ii), vi), and viii), above, namely the list of the members of the congregation, the list of the communicants, and the Register of Baptisms, etc., and the record of adherents in the parish. The incumbent shall be responsible for their safe custody and upon leaving the parish shall deliver them to the churchwardens obtaining a receipt therefor, which receipt shall be exhibited to the Bishop before the issuing of a new license to said cleric, or in the case of intended removal from the diocese, before the granting of a letter of bene decessit.
c) The Vestry Book, or Register of Services, shall be in the joint custody of the incumbent and churchwardens, the incumbent being responsible for the correct entry of all services held in the church and the churchwardens for the correct entry of the alms and collections.
d) The churchwardens shall be responsible for the correct and safe keeping of a) iii) and iv), above, namely the Minute Book and the book containing the parish or mission accounts.
e) It shall be the duty of the Regional Deans to inspect biennially the registers and books in every parish, mission and ecclesiastical institution in their respective regional deaneries and to report to the Bishop the result of such inspections.
5. Custody of Deeds and Parish Registers
a) All incumbents, churchwardens or other church officials having in their custody legal documents such as Grants and Deeds of Land, Duplicate certificates of Title, Leases, Agreements for Sale, Certified copies of Grants of Probate or wills in whole or in part, or any other instrument under which any body of the Anglican Church of Canada obtains an interest in land or personal property, shall forward the same to the diocesan registrar as the proper custodian thereof.
b) All incumbents and churchwardens shall from time to time transmit to the secretary of Synod, all parish or mission registers which have been completed or filled up, and the secretary of Synod on receiving the same shall have custody thereof and shall preserve them and duly acknowledge their receipt.
c) Whenever a copy of an entry in any such book is required it shall be the duty of the secretary of Synod to furnish the same on payment of a fee to be regulated by the Executive Committee.
6. Unauthorised Collections
a) No cleric or lay person shall collect money for any church purpose outside the objects regularly authorised by the Synod of the Diocese or beyond the bounds of that persons own parish or mission, or proceed to any other Diocese for the same purpose without the sanction and approval of the Bishop. Such collector shall obtain the sanction of each incumbent before making a collection in the incumbents parish or mission, and the collector shall report to the incumbent the result of such collection.
b) No person from any other Diocese shall make collections within this Diocese (for any church purpose) without first fulfilling the conditions imposed in section 6a of this canon.
Assessor means a person appointed to advise the Chair of Synod regarding points of order and procedure.
Bishop unless otherwise specified, the term Bishop refers to the diocesan Bishop.
Chancellor means a judge or barrister appointed to advise the Bishop.
Communicant means an individual who habitually and not less than three times a year receives communion in the Anglican Church of Canada (see also Registered Communicant ).
Member of the Congregation means an individual who wishes to be identified with a particular congregation and worships regularly and supports the church as able (see also Parishioner ).
Contumacy means obstinate, perverse and contemptuously rude opposition to lawful authority.
Convening Circular means a publication containing reports, agenda, the Acts of the Executive Committee, notices of motion, memorials and petitions, and other material related to the business of Synod.
Credentials Committee means a committee constituted to report to the Synod on the standing of all persons who claim membership therein, and to advise the Chair as to a quorum of each order.
Deed of Erection means a legal document which sets up, defines the geographical limits of, and names a parish.
Dispute means a contentious or controversial quarrel or disagreement.
Eleemosynary means pertaining to alms or devoted to charitable purposes. (used in the Anglican Church of Canada Temporalty Act of the Province of Manitoba, see Appendix)
Ex Officio means a position or office that is granted to an individual because that person holds another specified office.
Executive Committee means the Executive Committee of the Synod of the Diocese of Brandon as provided for in Section 15 of the Constitution of the Diocese of Brandon. Further be it resolved that in the Constitution of the Diocese of Brandon in any occurrence of the phrases Diocesan Executive Committe, the Executive or the Committee, they be replaced by Executive Committee
Faculty means a specific form of permission from the Bishop or Metropolitan, given in writing, to perform certain acts regarding persons or property. In these canons, it refers to the Bishops specific written permission regarding the acquisition, placement, and removal of church buildings and furnishings.
In Camera Proceedings in camera are not open to the public, but are open to those who have a canonical right, duty, or obligation to be present. The content of in camera proceedings is confidential.
Inhibit means to forbid someone the right to perform any or all functions associated with their ecclesiastical office or position.
Lay Delegate means a lay person who is elected or appointed as a delegate to General, Provincial, or diocesan Synod. Lay delegates become lay members upon registration and convening of the session of Synod, and remain members until the convening of the next scheduled session of Synod. (For exception see Canon Twelve (XII) Section 14.)
Letters Bene Decessit means a formal document given by a bishop to a bishop, priest, or deacon in good standing upon transfer to another diocese.
Mutatis Mutandis means transferred from one situation to another and making the necessary adjustments.
Orders when referring to voting at, or the composition of Synod, refers to the order of clergy (deacons and priests) and the order of laity. When referring to Holy Orders, it refers to people who are ordained as bishops, priests, or deacons.
Parish or Mission means a parish or mission as defined in the Anglican Church of Canada Temporalty Act of the Province of Manitoba (see Appendix).
Parishioner means a person living within the bounds of a particular parish or mission who has any claim on the ministrations of the Anglican Church, and those persons who do not reside within the parish or mission boundaries but who are congregants of that particular parish or mission (see also Congregant ).
Prima Facie refers to evidence which on first consideration appears to establish a case.
Registered Communicant means a Communicant who is listed on the Role of Communicants of a particular congregation and who is at least fifteen years of age (see also Communicant ).
To and From the Anglican Church of Canada
Parishes and Missions in the Diocese of BrandonIt will be seen from perusal of the Anglican Church of Canada Temporalty Act, that all deeds of land by which it is intended to convey any property to the congregation of any Church in the Diocese of Brandon should be taken in the name of The Anglican Church of Canada Parish or Mission (as the case may be) of ______________ within the Diocese of Brandon and not to the Church Wardens or Trustees, for if not taken comformable to the Statutes above quoted, the deed will be void and inoperative, and no title whatever will pass under it.
Before any deed, conveyance, mortgage or lease of land from any Anglican Church of Canada Parish or Mission can be given, the consent of the Executive Committee of the diocesan Synod of Brandon thereto must be obtained and expressed by resolution in writing, and a certificate setting forth such resolution signed by the secretary of the Executive Committee must be produced and attached to such document.
The Incumbent or Curate in charge of each Parish or Mission, and Church Wardens, should adopt a Corporate seal, and any deed, mortgage, lease or other instruments made by any Parish or Mission, must first have affixed to it the Corporate Seal of such Parish or Mission, and must be signed by the Incumbent of Curate in charge, and by at least one of the Church Wardens, and lastly, must be signed by His Lordship the Bishop of Brandon as Chairman of the Executive Committee of the Diocesan Synod of Brandon and the secretary of such committee. The execution of such instruments should be witnessed, but no affidavit of execution is required.
With regard to the procedure in cases where a Parish or Mission shall have ceased to exist, sections 4, 5 and 6 of the Statute, above quoted, very carefully and succinctly set forth the steps by which title to the property of such Parish or Mission shall be transmitted to the Synod of the Diocese.
The Synod of the Province of Ruperts Land, at a session held in Winnipeg, on the 27th day of August, 1913, passed the following resolution forming the Diocese of Brandon.
That the following portion of the Diocese of Ruperts Land be set off and erected into a separate Diocese to be called the Diocese of Brandon, viz.:
Commencing at the intersection of the International Boundary with the line between Ranges Nine and Ten West of the Principal Meridian; thence northerly along the line between the said ranges to the shore of Lake Manitoba; thence along the water of the said lake, on a line coloured red, shown on plan filed in the Provincial Registry, to the northern boundary of Township thirty-one; thence westerly along said northern boundary to the shore of Lake Winnipegosis; thence along the water of Lake Winnipegosis on a line shown on said plan, coloured red, to the northern boundary of Township forty-four; thence westerly along the northern boundary of Township forty-four to the western boundary of the Province of Manitoba ; thence southerly along the said western boundary to the International Boundary; thence easterly along the International Boundary to the point of commencement; provided, however, that the Metropolitan may make such minor changes in the above boundaries as to him may seem desirable.
That the territory so set apart shall remain under the jurisdiction of the Archbishop of Ruperts Land, and be administered by him until such time as the metropolitan is satisfied that the financial support for a Bishop has been provided and a Bishop can be consecrated for the same.
In accordance with the above resolution, the Metropolitan convened the first session of the Synod of the Diocese, in Brandon, on Wednesday, June 4th, 1924, when the Synod of the Diocese of Brandon was formed and constituted, and the Venerable Wilfred William Henry Thomas, D. D., was elected the first Bishop.
The first Bishop was consecrated in St. Matthews Church, Brandon, on the Twelfth Sunday after Trinity, September the 7th, 1924, by the Archbishop of Ruperts Land (Matheson) and the Bishops, of Calgary (Pinkham); of Yukon (Stringer); of Quappelle (Harding); of New Westminster (De Pencier); of Athabasca (Robins); of Columbia (Schofield); of Keewatin (Dewdney); and of Saskatchewan (Lloyd).
(Assented to, March 5th, 1925)
Whereas the territory now comprising the Diocese of Brandon and situate wholly within the Province of Manitoba was separated from the Diocese of Ruperts Land by resolution of the Ecclesiastical Province of Ruperts Land held at Winnipeg on the twenty-seventh day of August A. D. 1913, and set apart as a separate and independent Diocese to be known as the Diocese of Brandon; and
Whereas the Synod of the Diocese of Brandon (being a Diocese of the said Ecclesiastical Province of Ruperts Land) has by petition prayed for the passing of an Act to incorporate the Synod of the said Diocese, and
Whereas it is desirable that the Synod of the said Diocese should be incorporated and that certain powers should be granted to such corporation; and
Whereas it is expedient to grant the prayer of the said petition;
Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1. The Synod of the Diocese of Brandon shall be and the same is hereby made and constituted a body politic and corporate under the name of The Synod of the Diocese of Brandon and hereinafter called the corporation.
2. The said corporation shall consist of the Bishop of the said Diocese and his successors to be from time to time appointed in such manner as is or shall be provided by the Provincial Synod of the Ecclesiastical Province of Ruperts Land and of such other persons as are or may become members thereof according to the constitution of the said Diocesan Synod as the same was adopted at the first Synod of the Diocese of Brandon held on the fourth day of June A. D. 1924, being the Constitution of the Diocese of Ruperts Land as in force on that date or as the said constitution may from time to time be altered by the said Provincial Synod or by the Diocesan Synod acting with and within the powers vested in it by the Provincial Synod aforesaid.
3. All powers, rights and privileges which may by any statute have been conferred upon the Synod of the Diocese of Ruperts Land shall be held and enjoyed by the Synod of the Diocese of Brandon from the time of the consecration of the first Bishop of Brandon except those which are not applicable to conditions as they exist in the Diocese of Brandon.
4. The Synod of the Diocese of Brandon may take and receive any devises and bequests of lands, or any interest therein, or other property, for any purpose connected with the Church of England in the said Diocese, or in connection with any of the objects or work carried on by the said Synod to the same extent as the Diocese of Ruperts Land is capable of taking and receiving same.
5. All the provisions of The Church of England Temporalty Act shall as regards all lands and hereditaments within the boundaries of the Diocese of Brandon apply to the said Diocese of Brandon and the provisions of the said Act shall be held and enjoyed by the Synod of the Diocese of Brandon for all purposes by the said Act required and the Synod of the Diocese of Brandon is hereby authorised to assume all the powers in the said Act specified which were formerly enjoyed and possessed by the Diocese of Ruperts Land in so far as it relates to land and property within the boundaries of the Diocese of Brandon.
6. The corporation shall have perpetual succession and a common seal with power to change, alter, break and renew the same when and so often as they shall think proper and the said corporation may under its corporate name contract and be contracted with, sue and be sued, implead and be impleaded, answer and defend in all courts and places whatsoever and shall have power in law respectively to purchase, take, hold, give, receive, enjoy, possess and retain without license in Mortmain all messuages, lands and tenements and personal property which have been or hereafter shall be paid, given, appropriated, devised or bequeathed to it or purchased by it in any manner or way whatsoever to, for or in favour of the ecclesiastical and educational uses and purposes within the boundaries of the Diocese of Brandon in the Province of Manitoba of the Church of England including thereby the uses and purposes of any parish, mission, institution, college, school or hospital connected with the Church of England within the said Diocese of Brandon.
7. The constitution, canons, rules and regulations of the Diocese of Ruperts Land, which in so far as the same were applicable were adopted as the constitution, canons, rules and regulations of the Diocese of Brandon at the meeting of the said Synod held on the fourth day of June A. D. 1924, shall be the constitution, canons, rules and regulations of the Synod of the Diocese of Brandon until the same are repealed, amended or others substituted therefor by the said Synod.
8. The Act shall be deemed a Public Act and shall come into force on the day it is assented to.
(Assented to March 5th, 1925)
Whereas the territory now comprising the Diocese of Brandon was separated from the Diocese of Ruperts Land by resolution of the Provincial Synod held at Winnipeg on the twenty-seventh day of August, A. D. 1913, and set apart as a separate and independent Diocese to be known as the Diocese of Brandon; and
Whereas the first Synod of the new Diocese was held at the City of Brandon the fourth day of June, A. D. 1924, for the purpose of electing the first Bishop of the said Diocese and at such Synod the Venerable Wilfred William Henry Thomas was unanimously elected first Bishop of the Diocese of Brandon and was thereafter duly consecrated Bishop of the said Diocese on the seventh day of September, A. D. 1924; and
Whereas it is desirable that the Bishop of the Church of England Diocese of Brandon should be incorporated and that certain powers should be granted to such corporation;
Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1. The Venerable Wilfrid William Henry Thomas and his successors, being Bishops from time to time of the Church of England Diocese of Brandon, shall be a body politic and corporate, and he and his successors by the name and title aforesaid shall be able and capable in the law, and have full powers to purchase, have, take, hold and enjoy for the eleemosynary, ecclesiastical and educational uses of the Church of England within the Diocese of Brandon any lands, tenements, rents, annuities, hereditaments of what nature or kind soever in fee, in perpetuity or for a term of life or years, not exceeding five thousand acres in extent and also all manner of goods, chattels and things personal whatsoever, and he and his successors by and under the said name and title may prosecute, claim, implead or be impleaded, defend and be defended, answer and be answered in all manner of courts of His Majesty within the Province of Manitoba; and the said Bishop and his successors shall and may forever hereafter have and use a corporate seal and the said seal from time to time at his or their will and pleasure break, change, alter or make anew as he and they may deem expedient; also the corporation aforesaid shall have the power of appointing an attorney or attorneys for the management of its affairs and all other rights necessarily incident to a body corporate.
2. The corporation aforesaid may sell, exchange, alienate or mortgage real estate in the Province of Manitoba (but subject at all time to the provisions of The Church of England Temporalty Act where any land or property belonging to any parish or mission in said Diocese is being dealt with). And the corporation aforesaid also may demise any such real estate by lease under the corporate seal.
3. It shall be lawful for every person within the Province of Manitoba to whom and in whose name any lands, tenements or hereditary property are now, or may hereafter devolve, in trust or otherwise for the said Church of England to sell or transfer from time to time by deed or devise all or any of the said lands or tenements to the Bishop for the time being of the aforesaid Diocese, and for the said Bishop and his successors to hold the said lands for the aforesaid purposes as provided by this Act.
4. In case of the absence from his Diocese of the Bishop constituting the said corporation, or of his being unable from sickness or other cause to attend to his Diocesan duties, he may delegate to his commissary in writing under his hand and seal all his powers under this Act except that relating to selling, exchanging, alienating or mortgaging of land; also in case at any time of vacancy of the Bishopric, or of the Bishop being from any cause unable to attend to his diocesan duties, then the Dean, or if there be no Dean the Senior Archdeacon within the Diocese shall exercise all the powers conferred by this Act except as before, that relating to the selling, exchanging, alienating or mortgaging of lands.
5. The Bishop of the Diocese of Brandon for the time being shall be the President of the Synod of the Diocese and shall have the Administration of all lands and personality vested in him or conveyed to him for the purposes above specified or for the endowment of his See or for the endowment of any parsonage, church, chapel or living within the said Diocese.
6. Any conveyance of real estate, or any interest therein vested in the corporation of the Bishop of Brandon shall hereafter be deemed to be duly executed for that purpose if the same has affixed thereto the seal of the corporation of the Bishop of Brandon verified by the signatures of the Bishop for the time being of the Diocese of Brandon, or his commissary duly appointed, the secretary of the Synod, and the Chancellor or legal advisor of the Synod, and discharge of a mortgage or other document executed in the same way shall be deemed to be properly and effectually executed.
7. The Act shall be deemed a Public Act and shall come into force on the day it is assented to.
(Assented to May 11, 1965)
(This version is current as of December 25, 2009)
WHEREAS certain persons, by their petition, prayed that an Act respecting the temporalty of The Anglican Church of Canada should be enacted;
AND WHEREAS their prayer was granted and resulted in the enactment of The Anglican Church of Canada Temporalty Act assented to May, 11, 1965;
AND WHEREAS the Minister of Justice has caused the Act to be prepared in English and French and re-enacted in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Definitions
1. In this Act,
church means the Anglican Church of Canada, (« église »)
"corporation" means a corporation incorporated under this Act or under any of the following Acts, now repealed
(a) An Act to amend The Acts Incorporating the Bishop of the Church of England Diocese of Ruperts Land and Certain other Corporations connected with the said Church and for Certain other Purposes, being chapter 46 of the Statutes of Manitoba, 1882;
(b) The Church of England Temporalities Act, being chapter 109 of the Statutes of Manitoba, 1925;
(c) An Act to amend The Church of England Temporalities Act, being chapter 95 of the Statutes of Manitoba, 1936. (« corporation »)
"incumbent" means the person who is licensed, instituted and inducted by the bishop of any diocese which is in whole or in part within Manitoba, for the cure of souls in any parish or mission; (« titulaire »)
"mission" means a territory, district or unorganized congregation within the province that has been established as a mission by the bishop of the diocese within which it is situated; (« mission »)
"parish" means a territory or district within the province that has been erected, formed or established and organized in accordance with the constitution and canons of the synod of the diocese within which it is situated, and placed in the charge of an incumbent. (« paroisse »)
Incorporation
2 The incumbent and churchwardens of each parish and of each mission in Manitoba erected, formed or established and organized in accordance with the constitution and canons of the synod of the diocese within which such parish is situate, are constituted a corporation under the name "The Anglican Church of Canada, Parish (or Mission) of ....... within the Diocese of ......." giving the particular name of the parish or mission and the name of the diocese in which it is situated.
Perpetual succession, etc.
3 Each corporation shall have perpetual succession and a common seal and may sue and be sued, contract and be contracted with, in and by its corporate name as in the case of any other corporation.
Property
4 Property owned or acquired by a corporation may be held or acquired in the name of that corporation or otherwise as the bishop of the diocese in which such corporation is situated may authorize.
Powers
5 In addition to the powers vested in a corporation under The Interpretation Act and any other Act of the Legislature, each corporation may, for ecclesiastical, educational and eleemosynary uses,
(a) purchase, acquire, accept, receive by way of purchase, grant, donation, gift, devise, bequest or otherwise, and own, hold, control, receive income from, improve, develop, manage, administer, and, subject to section 6, sell, assign, transfer, exchange, lease, let, turn to account or otherwise dispose of or deal with property of every kind and description, whether real or personal, and wheresoever situated;
(b) borrow from any bank or from any person such sums of money as may be required for the purposes of the corporation and give promissory notes or other evidence of debt in connection therewith, and if deemed necessary or expedient, and subject to prior written approval of the bishop of the diocese in which the corporation is situated, assign, mortgage, or pledge any of its properties or assets to secure the repayment of any money borrowed;
(c) invest and reinvest all funds and moneys of that corporation in securities in which trustees are by law entitled to invest.
By laws
6 A corporation shall be subject to such canons, by-laws, rules and regulations respecting, acquiring, selling, assigning, transferring, exchanging, mortgaging, leasing and managing real and personal property as the synod of the diocese within which such corporation is situated may from time to time enact.
Dissolution of corporation
7 Whenever a parish or mission shall have ceased to exist as such, through the dispersal of the members of the said parish or mission, or from any other cause, and there is no incumbent and churchwardens, the bishop of the diocese in which the parish or mission is situated and the secretary of the synod of that diocese may issue a certificate of dissolution to the effect that said parish or mission has ceased to exist, and thereupon all property and assets, both real and personal, owned, possessed or held by or on behalf of the said parish or mission, wherever situated, if any, remaining after paying and discharging all debts and liabilities of the corporation, shall be vested in the synod of the diocese, and the synod may hold, use, or dispose of the same, as said synod deems advisable.
Transmission of title
8 Upon the filing of a certificate of dissolution, together with the production of a duplicate certificate of title issued to the parish or mission so certified to have ceased to exist, and upon payment of the usual fees in respect of a transmission of title, a district registrar shall cancel the certificate of title and shall issue a new certificate of title to the synod of the diocese in which the parish or mission is situated; but a district registrar may dispense with the production of a duplicate certificate of title upon being satisfied that it has been lost or destroyed and has not been deposited by way of lien or as security for a loan or debt.
Execution by synod
9 Any deed, transfer, assignment, mortgage, lease, or other instrument affecting property, whether real or personal, which has become vested in the synod of a diocese by virtue of section 7, shall be deemed to be duly executed for that purpose if the same has affixed thereto the seal of the diocese verified by the signature of the bishop of such diocese, or his commissary, duly appointed.
Statement to be filed
10 Upon request of the member of the Executive Council charged with the administration of The Corporations Act, the secretary of the synod of each diocese, all or part of which is within Manitoba, shall file with the said member a statement setting out in respect of each corporation
(a) its name;
(b) the address of its office; and
(c) the names of its chief officers;
and also setting out particulars of any corporation that has been dissolved in the next previous year.
References to "Anglican Church"
11(1) In any deed, will, instrument, and document in the Province of Manitoba, a reference to "the Anglican Church", or "The Anglican Church of Canada" shall mean the church in any diocese the boundaries of which are contained in whole or in part with Manitoba, unless a different construction is to be gathered from the deed, will, instrument or document.
Church property
11(2) All the property whatsoever belonging to the church in Manitoba, subject to the conditions and uses for which it was given or obtained, shall be held in connection with the diocese in which the property is situated.
References to "Church of England "
12 Where in any Act of the Legislature or in any transfer, deed, will, assignment, instrument, document, or other writing there is a reference to: "The Church of England", or "The Church of England in Canada", that reference shall, be deemed to apply to and to mean The Anglican Church of Canada.
NOTE: This Act replaces S.M. 1965, c. 110.
Declaration of the Bishop, clergy and laity, assembled in Synod, at Brandon, for the purpose of framing a constitution and enacting canons for the Diocese of Brandon, on the tenth day of November in the year of our Lord 1925.
In the Name of God, Amen.
We, the Bishop, clergy and representatives of the laity of the Church Catholic, in that branch thereof commonly known as the Church of England residing in the Diocese of Brandon, constituted a separate diocese by the Act of the Provincial Synod of Ruperts Land on the 27th day of August in the Year of our Lord 1913, being assembled together for the purpose of framing a Constitution and enacting canons for the said Diocese of Brandon, desire to make the following solemn declaration of the principles upon which we propose to proceed:
We receive the Doctrine, Sacraments and Discipline of Christ as the same is contained and commanded in Holy Scripture, according as the Church of England has received and set forth the same in its Standards of Faith and Doctrine.
We receive the Book of Common Prayer of the Church of England in Canada, and of Ordering of Bishops, Priests and Deacons, to be used according the form therein prescribed, in Public Prayer and Administration of the Sacraments and other Holy Offices.
We accept the English version of the Holy Scriptures as appointed to be read in the churches; and further, we disclaim for ourselves the right of altering any of the aforesaid standards of Faith and Doctrine.
Provided that nothing therein contained shall prevent the Church of this Diocese from accepting any alterations in the version of the Bible, or in the Formularies of the Church, which may be adopted by the General Synod of the Church of England in Canada, of from using any prayer, or form of prayer drawn up by the House of Bishops for any special object not provided for in the Book of Common Prayer; and provided further, that it shall be in the power of the Bishop of the Diocese to permit the abridging of the Services, and to draw up a special Service for any emergency in the Diocese, and conforming as nearly as circumstances will allow to section 3 of The Act of Uniformity Amendment Act, 1872.
We further acknowledge ourselves bound by all Acts that may be passed by the Synod of the Province of Ruperts Land so far as such Acts shall not interfere with the rights and privileges of this Diocese as a part of the Church Catholic.
