Constitution & Canons

The Constitution and Canons
of The Diocese of Brandon

(together with a Glossary and the Rules of Order of the Synod)

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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
An Act Respecting the Temporalty of The Anglican Church of Canada
Declaration of Principles

The Constitution of the Synod of the Diocese of Brandon

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:

Diocese of Brandon

Congregation of ______________________________

Church at _____________________________________

(insert name of town or municipality)

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 Bishop ’s 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 Rupert’s 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 priest’s 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.

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The Rules of Order of
The Synod of the Diocese of Brandon

1. Meetings of Synod:

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 treasurer’s Report, and a synopsis of the business transacted by the Executive Committee.

d) Chair:
The Bishop, Bishop’s commissary, administrator of the diocese, or Metropolitan of the Ecclesiastical Province of Rupert’s 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.

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2. Order of Proceedings:

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.

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3. Order of Business:

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.

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4. Rules of Order:

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 Robert’s 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 Rupert’s 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 chairperson’s 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.

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The Canons of the
Diocese of Brandon

Canon One (I)
On Interpretation and Amendments of Canons

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.

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Canon Two (II)
The Seal

Seal of Synod and the Execution of Documents Requiring a Seal

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 Bishop’s signature and the signature of the secretary of the Synod attesting the same.

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Canon Three (III)
The Election

Election of a Bishop

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 Rupert’s Land shall be followed.

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Canon Four (IV)
The Appointment of an Administrator

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:

the Coadjutor Bishop
the Dean of the diocese,
the Archdeacons in order of collation,
the Canons in similar order,

and all of them failing, the priest senior in orders holding the Bishop’s 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.

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Canon Five (V)
The Appointment of Dignitaries

and other Officers, and Their Duties

1. The Synod recognises the Bishop’s right to appoint or remove:

a) a Dean, Archdeacons, and Canons whenever, in the Bishop ’s judgement, such appointments are desirable;

b) a Chancellor, a Vice-Chancellor, a Registrar, commissaries and chaplains, and at the Bishop ’s 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.

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.

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Canon Six (VI)
Archdeacons and Archdeaconries

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 deaneries 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 Dean’s 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 Bishop ’s 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.

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Canon Seven (VII)
The Chancellor

Chancellor, Vice-Chancellor, and Registrar

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 Bishop ’s pleasure.

c) It shall be the duty of the chancellor to advise the Bishop, Coadjutor Bishop, Suffragan Bishop, the Bishop’s 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 Bishop ’s 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.

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Canon Eight (VIII)
Regional Deans

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 priest’s 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 priest’s 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 member’s 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 Dean’s 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 Rupert’s 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 dean’s 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 incumbent’s 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.

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Canon Nine (IX)
Regional Deaneries

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.

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Canon Ten (X)
Committees, Councils,
Subcommittees and Task Forces

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 Rupert’s 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 Rupert’s 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 chairperson’s 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 Bishop’s 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.

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Canon Eleven (XI)
The State of the Church

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.

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Canon Twelve (XII)
On Election of Delegates:
to the General and Provincial Synods,
& of Members of the Executive Committee
& the Canons & Constitution Committee

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 nominee’s 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 Committee’s report.

NOMINATED FROM THE FLOOR
7. Upon the acceptance of the Nominating Committee’s 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 delegate’s 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.

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Canon Thirteen (XIII)
Duties of Lay Delegates

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.

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Canon Fourteen (XIV)
Diocesan Trust Funds

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.

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Canon Fifteen (XV)
Disputes

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.

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Canon Sixteen (XVI)
Discipline

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 Rupert’s 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 Bishop’s absence, illness, or other incapacity means the Bishop’s 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 complainant’s 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 complainant’s 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 respondent’s 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 respondent’s employment file or from other ecclesiastical authorities,

vii) threat of withholding preferment,

viii) or, any other measure which subverts the respondent’s 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 respondent’s 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 person’s 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 Registrar’s custody and no further proceedings in respect of the alleged offence shall take place, saving the complainant’s 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.

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Canon Seventeen (XVII)
Diocesan Court

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 Rupert’s 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 Rupert’s 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 Rupert’s 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.

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Canon Eighteen (XVIII)
Reserved

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Canon Nineteen (XIX)
Reserved

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Canon Twenty (XX)
Reserved

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Canon Twenty-One (XXI)
Clergy and Patronage

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 indicted 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 Bishop’s commissary, who, upon receipt of such resignation, shall notify the churchwardens of said parish or mission.

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Canon Twenty-Two (XXII)
Subscriptions, etc., by the Clergy

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 Rupert’s Land, as revised from time to time.

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Canon Twenty-Three (XXIII)
The Prohibition of Clergy not Licensed in this Diocese

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.

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Canon Twenty-Four (XXIV)
On Continuing Education for Clergy
and Lay Pastoral Workers

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 Bishop’s 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.

BISHOP’S 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 parishor 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.

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Canon Twenty-Five (XXV)
Clergy Moving Expenses

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.

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Canon Twenty-Six (XXVI)
Reserved

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Canon Twenty-Seven (XXVII)
Reserved

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Canon Twenty-Eight (XXVIII)
Reserved

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Canon Twenty-Nine (XXIX)
Reserved

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Canon Thirty (XXX)
Reserved

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Canon Thirty-One (XXXI)
On Pastoral Care in the Church

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

The Constitution and Canons of The Diocese of Brandon

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1. Meetings of Synod:

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2. Order of Proceedings:

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3. Order of Business:

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4. Rules of Order:

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Seal of Synod and the Execution of Documents Requiring a Seal

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Election of a Bishop

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Chancellor, Vice-Chancellor, and Registrar

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The Constitution and Canons
of The Diocese of Brandon

(together with a Glossary and the Rules of Order of the Synod)

(printer-friendly version)