THE CANONS

THE

CANONS

THE

DIOCESE

NIAGARA ANGLICA

CHURCH

CANADA

Published by the Authority of the Synod of the Diocese of Niagara:

1975

Reprinted:

1982

Complete Revision and Renumbering:

1995

Current Version: November

2021

TABLE OF CONTENTS

THE DIOCESAN CANONS

1. SYNOD AND SYNOD COUNCIL

Composition of Synod ................................................................................................................ 1.1

Meetings and Organization of Synod ........................................................................................ 1.2

Order of Proceedings ................................................................................................................. 1.3

Election of Delegates to General and Provincial Synod ............................................................1.4

Seal .............................................................................................................................................. 1.5

Rules of Order ............................................................................................................................. 1.6

Amendments to Canons and By-Laws ....................................................................................... 1.7

To Provide for the Election of Members of the Council of Trinity College ................................1.8

Synod Council ............................................................................................................................. 1.9

2. DIOCESAN OFFICIALS AND DIOCESAN MATTERS

The Election and Appointment of Bishops / Regulations ........................................................ 2.1

Secretary and Treasurer ............................................................................................................ 2.2

Appointment of Church Dignitaries ........................................................................................... 2.3

The Registrar .............................................................................................................................. 2.4

Concerning a Solicitor for the Synod ........................................................................................ 2.5

Archives and Archivist ................................................................................................................ 2.6

Auditors' Duties .......................................................................................................................... 2.7

Diocesan Budget ......................................................................................................................... 2.8

The Louisa Parke Estate ............................................................................................................. 2.9

The Cathedral of the Diocese of Niagara ............................................................................... 2.10

3. CLERGY AND LICENSED LAY WORKERS

Appointment of Incumbents ........................................................................................................3.1

Licensed Lay Workers ................................................................................................................ 3.2

Discipline/Rules of the Diocesan Court ................................................................................... 3.3

On the Appointment of Archdeacons and Regional Deans and their Duties ........................ 3.4

College of Deacons ......................................................................................................................3.5

4. PARISH MATTERS

Vestries and Churchwardens .................................................................................................... 4.1

Parish Councils............................................................................................................................ 4.2

Differences Between Clergy and Parishioners ......................................................................... 4.3

Duties of Incumbent and Churchwardens in Respect to Rectories ........................................ 4.4

Parishes: Their Establishment, Amalgamation, Disestablishment and Trusteeship ............ 4.5

On Erection or Alteration of Church Buildings .......................................................................... 4.6

Purchasing, Selling or Mortgaging Church Property ................................................................ 4.7

Cemeteries .................................................................................................................................. 4.8

Diocesan Missions ...................................................................................................................... 4.9

5. ACTS OF INCORPORATION

CANON 1.1

Composition of Synod

1. The Synod of the Diocese of Niagara shall consist of:

(1) The Bishop of the Diocese, who shall be the head of Synod;

(2) Any Suffragan or Coadjutor Bishop thereof;

(3) The Priests, Deacons and Lay Workers thereof, duly licensed;

1.1

(4) The Director of Deacons, the Deputy Director of Deacons (if any), and up to three

deacons (who have been granted a Bishop’s Permission) elected annually by the

College of Deacons from among its members; (amended 2015)

(5) The Chancellor;

(6) The Vice-Chancellor, if any;

(7) The Treasurer;

(8) The Secretary of Synod; (amended, 1991)

(9) The Lay Representatives duly elected in accordance with Canon 4.1(17);

(10) Anyone not otherwise designated above who is a member of the Synod Council;

(new,

2001)

(11) Not more than 10 Lay Representatives who shall be appointed by the Bishop of the

Diocese in each year in consultation with the Synod Council, such Lay Representative

serving for a one-year term.

2. Lay Workers who are members of Synod shall be considered members of the Order of Laity

for purposes of voting.

3. Clergy who receive a pension from the Anglican Church of Canada and who are currently in

good standing with the Bishop of Niagara shall be entitled to a seat on the floor of the Synod,

and shall have a right to take part in discussion, but shall not be entitled to vote.

(revised,

2015)

CANON 1.2

Meetings and Organization of Synod

1.2

1. The Synod shall meet annually, or oftener at the discretion of the Bishop. The Bishop shall

appoint the time and place of meeting, and shall adjourn or dissolve the Synod, as appears

to be expedient.

Convening Circular

2. A convening circular summoning the Synod shall be issued by the Secretary to all members

of Synod at least fourteen days prior to the date fixed for the meeting. Together with the

convening circular shall be sent the list of Clergy and Lay Representatives and all notices of

motion, proposed amendments or new Canons and reports of Committees.

(revised,

2005)

Prayer for Divine Blessing on Synod

3. On the receipt of the notice of a meeting of the Synod, all clergy shall use at Divine Service,

the form of Prayer for the Divine Blessing on the proceedings of the Synod as provided in the

Prayer Book.

President of Meeting

4. When the Bishop is not present, the Bishop Coadjutor (if any) or any Deputy appointed by the

Bishop, shall preside in their place, and if there be no Bishop Coadjutor, or Deputy present,

then the Senior Dignitary or member of the clergy of the Diocese present shall preside.

Credentials Committee

5. A Committee of two, to be appointed by the Bishop, shall meet at least five days before the

meeting of Synod, to examine the credentials of Lay Representatives, and shall prepare a

report thereon, to be placed in the hands of the Honorary Lay Secretary on the opening of

Synod.

Objection to Qualification of Delegate

6. It shall be competent for any member of the Church, resident in the Diocese, to object to the

right of any person whose name appears on the list of Lay Representatives accompanying

the circular convening a meeting of Synod to take a seat in the Synod. The objection,

together with the grounds thereof in writing, shall be transmitted to the Secretary at least one

week before the meeting of Synod. The Secretary shall forthwith forward a copy of the

objection to the person whose name is objected to. The objection may, however, be taken at

any time during the Session of the Synod to any delegate whose name shall not have been

entered upon the published Synod list.

Court on Contested Seats

1.2

7. The Chancellor of the Diocese, or the Vice-Chancellor, or in the absence of both, any

Barrister-at-law being a member of Synod, who is appointed by the Bishop, together with two

Clerical and two Lay members (whose title to seats have not been disputed) also to be

appointed by the Bishop under the Bishop's hand and seal, shall be a Court to consider such

objections and to adjudicate thereon; and to them shall be referred for final adjudication all

cases of doubtful certificates that may be mentioned in the Report of the Committee on the

Certificates of Lay Representatives. The decision of a majority of the Court shall be accepted

as the decision of the Court and shall be immediately reported to the Synod for its

information, and shall be final.

Quorum of Synod

8. To constitute a quorum of the Synod for the transaction of business, one-fourth of the whole

number of the Clergy on the Synod list must be present, and one-fourth of the Parishes on

the said list must be represented. Each Parish may be represented by one Lay

representative.

Requisites to Concurrence

9. No act or resolution of the Synod shall be valid unless it receives the assent of the Bishop

and a majority of the votes of the members present; such majority to be a majority of the

Clerical and of the Lay Representatives voting collectively. A vote by Orders may be

demanded by not less than two members, and in that event such majority shall be a majority

of each Order voting separately. If a difference should be found to exist between the Orders

after the vote is taken, the subject under consideration shall stand over to the ensuing

Synod. This section, so far as it requires the concurrence of the Bishop shall not apply to the

election of a Bishop.

Appointment of Committees

10. All Committees of Synod shall be named by the Bishop, unless their nomination be otherwise

provided for.

Auditors

11. The Synod shall appoint an Auditor, or Auditors, who shall be chartered accountants, for the

purpose of auditing the Synod accounts.

Honorary Secretaries

12. There shall be two Honorary Secretaries of the Synod, one clergy and the other lay both

members of the Synod, the former to be elected by the Clergy and the latter by the Lay

Representatives; and such elections shall be held and made on the first business day of the

annual meeting of the same.

1.2

Duties of Honorary Secretaries

13. It shall be the duty of the Honorary Secretaries to keep regular minutes of all proceedings of

the Synod to see that they are correctly recorded.

Vacancies in Office of Honorary Secretaries or Auditors

14. If any vacancy occurs in the office of Honorary Clerical Secretary, or Honorary Lay Secretary

or in the office of Auditor or Auditors, by death, resignation or otherwise, the Bishop and the

Synod Council shall have power to fill such vacancy, but such appointment shall only have

force until the next meeting of the Synod.

15.

(a)

Before each session of the Synod, a report shall be provided to the Synod by, or

through, the Financial Advisory 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.

(b)

A committee of three members of Synod, to be appointed by the Bishop, shall review

any motion involving the spending of money put forward during the course of Synod

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.

(new,

1990)

CANON 1.3

Order of Proceedings

1. At least one month prior to a meeting of the Synod, the Bishop shall appoint an Agenda

Committee. The Committee shall determine that all essential matters are presented at

Synod, and recommend to Synod the order in which reports and resolutions should be

considered, which shall include the report of the Synod Council.

2. The Synod Council shall be elected in accordance with Canon 1.9 "Synod Council".

1.3

3. Delegates to General Synod and Provincial Synod shall be elected as provided in Canon 1.4,

"The Election of Delegates to General and Provincial Synods."

4. The auditors' report shall be presented and auditors elected for the following year.

CANON 1.4

Election of Delegates to General and Provincial Synods

1.4

1. The prescribed number of clerical and lay delegates to General Synod shall be elected at the

session of the Diocesan Synod held in the year preceding the year in which the General

Synod is to be convened. (amended,1989)

2. The prescribed number of clerical and lay delegates to Provincial Synod shall, so far as it

possible to do so, be elected at the session of the Diocesan Synod immediately preceding

each meeting of the Provincial Synod. (amended,1989)

3. The clerical delegates shall be elected by the order of clergy at the Diocesan Synod and the

lay delegates shall be elected by the order of laity, at the Diocesan Synod, provided that no

person shall be eligible for election by an order unless that person is a member of such order

and a member of the session of Diocesan Synod when the voting is held. (amended,1989)

4. Those of each order thus elected having the highest number of votes shall be the delegates

to such Synods; and a similar number of those of each order whose names shall be next on

the ballot, having the next highest number of votes, shall be substitute delegates to attend

the said Synods whenever from sickness or other cause, any of the first elected delegates

shall be unable to attend.

(1)

A Nominations Committee for Provincial and General Synod delegates will be

appointed by the Synod Council to prepare the ballot for the Diocesan Synod.

Regulations concerning the securing of names for the ballot will be determined by the

Nominations Committee and approved by the Synod Council.

(2)

Members of the Diocesan Synod shall indicate a preference for the prescribed

number of delegates to each of the General and Provincial Synods from those

nominated pursuant to subsection (1) of this section. (amended 2021)

6. In publishing or printing the lists of the delegates to the General and Provincial Synods, the

names of the clerical and lay shall be printed in the order of their election. (new, 1989)

7. No person shall be eligible for election to a General or Provincial Synod if that election would

result in that person serving a fourth consecutive term as delegate at such Synod, provided

that this section shall not apply to any person who holds office as Prolocutor or Deputy

Prolocutor of either General Synod or Provincial Synod or Vice-Chancellor of General Synod.

(revised,

2016)

CANON 1.5

Seal

1.5

1. The seal shall be the common seal of the Incorporated Synod of the Diocese of Niagara; and

the Bishop shall, on behalf of the Synod, have the care and custody thereof.

2. The Bishop, or in the event of the Bishop's absence from the Diocese or the bishop's inability

to act, the Commissary duly appointed under the Bishop's Episcopal Seal, and in case of

vacancy in the See, the Dean, is hereby authorized to execute all deeds and documents

which require to be sealed, and which, from time to time, require to be executed on behalf of

the Synod, pursuant to any resolution of the Synod, or of the Synod Council or of any sub-

committee having jurisdiction in that behalf.

3. The production of the Commissary’s appointment executed in manner aforesaid shall be

sufficient evidence of the Bishop’s absence or disability, and of the power of the Commissary

to execute such deeds and documents.

CANON 1.6

Rules of Order

1.6

1. When the Bishop or other person presiding has taken the chair, no member shall continue

standing.

2. When any member is about to speak for the information of the Synod, the member shall rise

and introduce oneself to the chair.

3. No motion or amendment shall be considered as before the Synod (excepting such as is

proposed by the Bishop or by a Committee) unless seconded and reduced to writing. To

prevent surprise, no motions, except motions in course, shall be considered until all motions

already before the Synod shall be disposed of.

4. No member shall speak more than once on the same question without asking and receiving

permission from the chair, except the mover and seconder.

5. When a question is under consideration, no other motion shall be received, unless to

adjourn, to move the previous question, to lay it on the table, to postpone it to a certain time,

to postpone it indefinitely, to commit it, to amend it, or to divide on it; and motions for any of

these purposes shall have precedence in the order here named.

6. When any motion or amendment is under discussion, which contains more than one distinct

proposition, it shall be divided at the request of any member.

7. Motions to adjourn and to lay on the table, shall be decided without debate.

8. When a motion has been read to the Synod by the Secretary, it may not be withdrawn by the

mover without the consent of the chair.

9. Any member may require at any period of the debate that the motion under discussion be

read for their information.

10. When a member has been called to order by the Chair while speaking, the member shall sit

down and shall remain seated until the point of order has been decided, unless the speaker

is permitted by the Chair to explain. If the point of order is decided in the speaker's favour,

the speaker shall have the right to continue the address.

11. All questions of order shall be decided by the Chair, subject to an appeal to the House, to be

decided without debate; and when a decision upon a point of order is called for, the rule

applicable to the case shall be stated, without argument or comment.

12. An amendment to an original motion shall take precedence over such motion when the

question is being put. An amendment to an amendment shall be first put, then the

amendment to the motion, and lastly the motion itself.

1.6

13. No more than one amendment to a proposed amendment to a motion shall be in order; but a

substitute for the whole matter may be proposed, and received, provided it deals directly with

the subject in hand.

14. When a question is finally put - either an original motion, or an amendment, or a substitute -

no further debate shall be allowed, it being first declared from the Chair that the question is

finally put. Whilst the question is being put from the Chair, the members shall remain in their

seats and keep silence. Every member present when a question is put, shall be required to

vote on the same unless excused by the House; and no member shall retire until the vote

has been taken.

15. On a question being put by the chair, it shall be determined by the sound of voices for or

against it, or at the request of the Chair or three members, those who vote in the affirmative

shall rise first, and then those who vote in the negative - unless a division is required as

provided in Rule 16.

16. When a division takes place, the Votes of the Clergy and Laity shall be counted without

distinction and the motion shall be determined by the majority of votes. Afterwards,

however, the Bishop or two of the members of either order may require that the vote shall be

taken by orders whereupon it shall be so taken. A vote by orders shall supersede the open

vote previously taken.

17. A question being once determined shall not again be brought into discussion in the same

Session without the consent of the Bishop and of two-thirds of each order present.

18. No protest or dissent shall be entered on the minutes of the proceedings, but when required

by any three members, the number of those voting in the affirmative and negative shall be

recorded.

19. An address from the Bishop shall be in order at any time.

20. When the Synod is about to rise, every member shall keep their seat until the Bishop or other

person presiding has left the Chair.

21. Every Speaker, except in moving or seconding any motion or amendment, shall be limited to

ten minutes, and all speakers shall be timed by an assessor or assessors, to be appointed by

the Bishop, to aid in the maintenance of order and obedience to the rules of the Synod.

22. Every report of a Committee shall be in writing, shall be signed by the Chair, and shall be

received, unless a motion be made for its re-committal.

23. The Chair of the Committee, or some member deputed by the Chair, shall explain to the

Synod the significance of any portion of the report, if requested by any member of the Synod.

1.6

24. A motion to suspend the rules of order shall take precedence of all other motions, and shall

be decided without debate. No order of proceedings or rule or order shall be suspended,

except upon the vote of two-thirds of the members present.

25. Petitions, memorials, and other papers addressed to the Synod shall be presented by a

member in their place, who shall endorse their name thereon, and be answerable to the

Synod that they do not contain improper or impertinent matter.

26. In any case unprovided for, resort shall be had to the Rules of Order of the House of

Commons of Canada for guidance.

CANON 1.7

Amendments to Canons and By-Laws

1.7

1. No Canon or By-law shall hereafter be repealed or amended, and no new Canon or By-law of

Synod shall be enacted, unless the resolution containing the proposed repeal or amendment,

or the proposed new Canon or By-law, shall have been first considered at a meeting of the

Synod Council, and shall have been duly passed at the next ensuing meeting of the Synod by

the votes of not less than two-thirds of each Order present, and assented to by the Bishop.

The proposed repeal, amendment or new Canon, shall thereupon become effective without

further confirmation by the Synod.

2. When a proposed Canon or By-law or Repeal or Amendment of an existing Canon or By-law

has failed to secure this two-thirds majority, it shall not be re-introduced at any subsequent

session of the Synod, nor shall similar legislation be proposed for three years, unless the

Synod Council by a majority vote consents to or advises its re-introduction.

3. The Synod shall, by Standing Order, regulate the formalities to be observed in the making of

Canons and By-laws. (revised, 1993)

4. Provisions of this Canon shall not apply to changes that are solely of an editorial or

grammatical nature, and that a report of such changes be given to Synod Council.

(new,

1995)

CANON 1.8

To Provide for the Election of Members of the

Council of Trinity College

1.8

Whereas by the Statute of the University of Trinity College, the Synod of the Diocese of Niagara has

the right to elect three clerical and three lay members of the Council of such University;

The Synod, at each annual meeting, shall elect no more than three clerical members and no more

than three lay members to the Council of Trinity College, and the members so elected shall each hold

office for two years or until their successors are appointed. (amended, 1995)

CANON 1.9

Synod Council

1.9

1. There shall be a Synod Council of the Diocese of Niagara consisting of the following

members:

(a) The Diocesan Bishop who shall chair, unless the Bishop appoints an alternate chair;

(b) The Coadjutor or Suffragan Bishop, if any;

(d) The Vice-Chancellor, if any;

(e) The Dean;

(f) The Treasurer;

(g) The Executive Officer, if any;

(h) The Secretary of Synod;

(i) Any person holding a director-level position with the Synod office;

(j) Any regional archdeacon duly licensed;

(k) One lay representative from each of the regions elected for a two-year term in such

manner as determined by the Synod Council;

(l) One representative, either clergy or lay, from each of the regions elected for a two-year

term in such manner as determined by the Synod Council;

(m) One representative elected by each of the Diocesan Vision groups as defined by

Synod Council, at its first meeting following the conclusion of the Diocesan Synod, for a

one- year term;

(n) One representative elected by the Canterbury Hills Board of Directors, for a one-year

term, at its first meeting following the conclusion of the Diocesan Synod, provided

that the Board of Directors may elect an alternate representative who may attend,

and vote at, meetings of the Synod Council should the Board's elected representative

be compelled to be absent;

(o) One representative elected by the Financial Advisory Committee, for a one-year term,

at its first meeting following the conclusion of the Diocesan Synod, provided that the

Financial Advisory Committee may elect an alternate representative who may attend,

and vote at, meetings of the Synod Council should the Committee's elected

representative be compelled to be absent; and

(p) Four individuals appointed by the Diocesan Bishop annually, at least two of whom are

members of Synod.

2. An alternate representative may be elected from each of the regions who shall serve as a

member of the Synod Council in the event of an elected member’s resignation or inability to

attend the meetings of the Council. Such alternate representative shall serve out the

balance of the member’s term and shall have voting privileges.

1.9

3. There shall be standing committees of the Synod Council, as follows:

(a) The Coordinating Team of Synod Council, consisting of the Diocesan Bishop and the

Secretary of Synod, one of whom shall chair the Coordinating Team, and not less

than five of its members to be elected annually by the Synod Council at its January

meeting.

The Coordinating Team shall meet between sessions of the Synod Council at the call

of the Secretary of Synod.

(b) The Financial Advisory Committee, consisting of the Treasurer, and not less than

seven

members, to be elected by the Synod Council for a two-year term, renewable once.

than ten members, to be elected by the Synod Council for a two-year term, renewable

twice.

(d) The Human Resources for Ministry Committee, consisting of the Bishop, the

Treasurer, the Secretary of Synod, the Director of Human Resources, not less than

three and not more than five members appointed by the Bishop, and up to three

members elected by the Synod Council for a two-year term, renewable twice.

(e) Other standing committees as mandated by Synod Council.

4. The Synod Council shall, between sessions of the Diocesan Synod, exercise generally the

executive powers of the Diocesan Synod conferred by An Act to Incorporate the Synod of the

Diocese of Niagara, 1876, and amendments thereto, except those of a legislative character.

5. The Synod Council shall submit to each Annual Session of the Diocesan Synod a report of its

proceedings since the last Annual Session of the Diocesan Synod.

6. The Synod Council may delegate to the Financial Advisory Committee the right to appoint a

financial institution in Canada as the custodian of the funds of the Synod and all securities,

except mortgages, upon such terms as may be agreed upon by such financial institution and

the Financial Advisory Committee, provided that the accounts of the Synod shall be kept in

the name of the Synod of the Diocese of Niagara.

7. The Synod Council shall, at its first meeting following the conclusion of the Diocesan Synod,

appoint signing officers for the Diocese, such signing officers to include the Bishops of the

Diocese, the Secretary of Synod, the Treasurer, the Assistant Treasurer, and any other

individuals as shall be designated at that time by the Synod Council, provided that two

signatures shall be affixed to all cheques and bills of exchange, one of which must be that of

the Treasurer, Assistant Treasurer, or one other person appointed by Synod Council, and

provided further that such signing officers as appointed pursuant to this section shall be

authorized, in the name of the Synod of the Diocese of Niagara, to

(a) draw, accept, sign and make all or any bills of exchange, promissory notes, cheques

and orders for the payment of money;

(b) pay and receive all moneys and to give acquittance for the same;

bonds and other securities and from time to time to borrow money from such

financial institution either by overdrawing the account or otherwise; and

1.9

(d) generally for and on behalf of the said Synod to transact with the said bank any

business.

8. The Synod Council, through the Financial Advisory Committee, shall be responsible for the

management of all the funds held by or under control of the Synod, and all lands vested in

the Synod, and shall take charge of and administer such funds and the proceeds arising from

the sales of all such lands in accordance with the trusts upon which they are held, and the

provisions of any Canons or By-Laws which the Synod may lawfully enact; and shall invest

and take up and re- invest in such securities as are authorized under the Insurance

Companies Act, all monies coming into their hands for investment or re-investment, and shall

keep or cause to be kept separate and distinct accounts of each and every trust, showing the

capital of same. The income received and accruing from the several investments so made of

the whole of the said general trust fund shall be divided amongst the several trusts as

foresaid pro rata in the proportion borne by each separate trust fund to the general trust

fund, after deducting from such receipts, not more than 10% thereof for the expenses of

management, investment and administration.

9. The Synod Council shall meet at least six (6) times between each annual session of the

Diocesan Synod on such dates and at such places or by such means as the bishop shall

determine, provided fourteen (14) days notice of any meeting being given. The Secretary of

Synod may, upon the written requisition of at least ten (10) members of the Synod Council

call a meeting of Synod Council, provided fourteen (14) days notice of any meeting being

given. In extraordinary circumstances, the Bishop may call a meeting of Synod Council

sooner than the aforementioned fourteen (14) day notice period.

(amended, 2020)

10. A quorum for each meeting of Synod Council exists if and only if there is:

(a) a majority of the members present; and

(b) fifty percent of those members elected pursuant to Subparagraphs k and l of Section

1 of this Canon. (replaced, 2014)

CANON 2.1

The Election of Bishops

The Appointment of an Assistant Bishop

1. Upon the death, retirement, or resignation of the Diocesan Bishop, the Bishop Coadjutor

shall become the Diocesan Bishop.

2. If, upon the death, retirement or resignation of the Diocesan Bishop, there be no Bishop

Coadjutor, the Suffragan Bishop, if there be one, the Dean, or if absent, the senior

Archdeacon of the Diocese, shall forthwith notify and request the Metropolitan or Acting

Metropolitan to summon a meeting of the Diocesan Synod within 75 days of the death,

retirement or resignation of the Bishop for the purpose of electing a Diocesan Bishop.

If there be no Bishop Coadjutor, the Diocesan Bishop shall, whenever possible, give six

months notice of his or her retirement or resignation.

Election of a Coadjutor or Suffragan Bishop

2.1

3. If the Synod agrees to elect a Coadjutor or a Suffragan Bishop, the Diocesan Bishop shall

forthwith notify and request the Metropolitan or Acting Metropolitan to set the date for and to

preside at the Electoral Synod.

Appointment of an Assistant Bishop

4. The Diocesan Bishop may appoint an Assistant Bishop from time to time with the approval of

both the Synod Council and the Metropolitan or Acting Metropolitan, provided that such

appointee be already in episcopal orders.

Procedure for the Election of a Bishop

5. The Chair, failing whom the Vice-Chair of the Synod Council, shall summon a meeting of the

Council to be held at least 30 days before the election of a bishop for the purpose of

choosing the names of those eligible persons to be placed before the Electoral Synod as

candidates for the episcopate.

6. (a) Those entitled to vote at the election of a Bishop shall be those members of Synod

duly elected or appointed according to the provisions of Canon 1.1.

(b) Retired clergy and retired licensed lay workers of the diocese, and clergy from other

dioceses presently serving in the diocese and holding a Bishop’s permission, may

attend the Electoral Synod but are not permitted to vote in the episcopal election.

(amended 2021)

2.1

The holders of the offices of Chancellor, Vice-Chancellor, Treasurer, Controller, and Secretary

of Synod (unless they be a priest or deacon of the diocese in active service and holding the

Bishop's license, in which case they shall be a member of the order of clergy for voting

purposes) and lay workers of the diocese in active service and holding the Bishop's license

pursuant to Canon 3.2 shall be deemed a member of the order of laity for voting purposes.

7. Voting at the election of a bishop shall be by Orders.

8. Providing two-thirds of both Orders entitled to vote are present and vote, a majority of votes

in each Order shall determine the choice of the new bishop, provided, however, if two-thirds

of each Order are not then present, two-thirds of the votes of each Order then present shall

be required to determine the choice of the new bishop.

9. The Regulations hereinafter set out shall be deemed to form part of this Canon.

SUBDIVISION OF DIOCESE

10. In the event of a subdivision of the diocese, the Bishop shall elect the part to be presided over,

and another bishop shall be elected by the clergy and lay representatives of parishes and

missions with the boundaries of the district set apart to form a separate diocese. The

separated diocese shall be bound in all its public proceedings by the Constitution of the

Diocese of which it formed a part, until the said separated diocese be fully organized by the

election and Consecration of Bishop, the adoption of a constitution and the incorporation of a

Synod. (new, 1994)

THE ELECTION OF BISHOPS

THE APPOINTMENT OF ASSISTANT BISHOP

2.1

Regulations

1. At a meeting of the Synod Council acting as the Nominations Committee, the following

procedure shall be followed.

Each member of the Synod Council shall nominate by secret ballot three eligible persons

representing more than one gender identity, the first choice of each member to receive three

points, the second two points, and the third choice one point. The ten with the largest

number of points shall be the nominees of the Nominations Committee. In the event that two

or more persons receive the same number of points for the position of the nominee with the

tenth largest number of votes, the Synod Council shall determine the exact number of

nominees to be nominated.

The names of the nominees so chosen shall be disclosed to the Council in alphabetical order

and disclosed to the members of Synod after they have individually consented to allow their

nominations to stand. To ensure a wider distribution of points, ballots containing less than

three nominations shall be disqualified.

(a)

A committee of seven persons chosen by the Synod Council and known

as the Electoral Synod Nominations and Planning Committee shall choose its own

Chair and recruit other members, if necessary, and shall secure from the aforesaid

nominees their consent to the inclusion of their names as nominees. The Committee

shall prepare biographical material on the nominees giving their age, education

background, and general experience and other information which in their opinion

would be helpful to the members of Synod.

(b)

Biographical material prepared on the aforesaid nominees shall be provided to that

nominee to ensure its accuracy, after which the material on all nominees shall be

mailed to the members of Synod not later than eight days prior to the Electoral

Synod.

(c)

Other forms of communication techniques authorized by the Electoral Synod

Nominations and Planning Committee may be provided to the members of Synod.

(d)

The committee shall cooperate with the regular officials of the Synod to organize the

Electoral Synod.

3. Further nominations in writing by ten members of Synod, and with the consent of the

nominee, may be placed before members of Synod as follows:

(a) By delivering the nomination to the Chair of the Electoral Synod Nominations and

Planning Committee at least twelve days prior to the date of the Electoral Synod, in

which case biographical material will be sent out with that provided for in 2 (a) and

(b) above, or

2.1

(b) By delivering the nomination to the Chair of The Electoral Synod Nominations and

Planning Committee prior to or during the Electoral Synod. The Chair of the

Committee will address the Synod, and may give biographical material of any further

priest or bishop so nominated.

4. The Synod to elect a bishop shall commence with the Holy Eucharist. A common collect and

the prayers of the people bidding God's presence and spirit, will be said in all diocesan

parishes, and thereafter the Metropolitan or Acting Metropolitan, or their designate, shall be

the Chair of the Synod and preside at the election. Prior to the calling of each ballot, the

Chair shall be satisfied as to further nominations.

When there are no further nominations, the Chair shall call for the first ballot and

subsequent ballots shall be taken as necessary until a bishop has been elected.

(revised

2017)

CANON 2.2

Secretary and Treasurer

2.2

1. The Synod Council shall appoint a Secretary of the Synod, a Treasurer of Synod, and a

Controller of Synod and, if deemed necessary by the Synod Council, assistants.

(revised,

1993)

2. The Secretary, Treasurer, Controller, and any assistants therein shall serve until the first of

the following shall occur:

(i) Resignation or retirement;

(ii) Withdrawal of appointment by the Synod Council; or

(iii) The appointment of a successor. (revised, 1993)

3. The duties of the Secretary shall be:

(i) To record, in a book provided for that purpose, the regular minutes of all proceedings

of the Synod as furnished by the Honorary Secretaries; to preserve all papers,

memorials and other documents except such as are required to be kept by the

Registrar or Archivist, and attend to all of the business of the Synod, when not in

session, under the direction of the Bishop and the Synod Council. (revised, 1993)

(ii) To enter and record in separate books, the minutes of the proceedings of the Synod

Council; (revised,

1993)

(iii) To cause the proceedings of each session of Synod to be distributed to its members

within two months from the close of the session; (revised, 2014)

(iv) To issue, under the direction of the Bishop, a circular fourteen days at least before

the meeting of Synod to the clerical and lay members thereof; and (revised, 2005)

(v) Generally, to perform such functions as are assigned by Canon or by resolution of the

Synod, or by the Synod Council, or by any of the standing subcommittees.

(revised,1993)

4. The duties of the Treasurer shall be:

(i) To have charge of the Synod office, and of all business to be transacted therein, and

to review and duly account for all monies payable to, or securities receivable by, the

Synod, and to make all expenditures authorized by the Synod, or the proper

committees thereof, and to keep all necessary and proper books of accounts and

records of securities and property as shall be approved by the auditor, and to

perform all such other duties as are now or shall be, from time to time, assigned by

the Constitution, Canons, By-Laws, Orders or Regulations of the Synod or by the

Synod Council or by the Financial Advisory Committee;

(revised,1993)

(ii) Generally, to perform such functions as are assigned from time to time by Canon or

by resolution of the Synod, or by the Synod Council; (revised, 1993)

2.2

(iii) To be the proper custodian of all grants, conveyances, probates or certified copies of

wills or parts thereof, in any way relating to land or property granted, conveyed or

devised for the benefit or use of the Anglican Church in the Diocese;

(iv) To send in January, to every parish, the requirements for filing annual parish reports,

properly filled out by the cleric and churchwardens, as required, which shall be

submitted, with a copy of the parish vestry report including the previous year’s

financial statements, to the Synod Office not later than the second Monday of March;

and

(revised,

2014)

(v) To negotiate with, deposit with, or transfer to the financial institution acting as

custodian of the funds of the Synod and its securities, but for the credit of the said

diocesan account only, all or any bills of exchange, promissory notes, cheques or

orders for the payment of money and other negotiable paper, and for the said

purpose to endorse the same or any of them on behalf of the said diocese, and also

from time to time to arrange, settle, balance and certify all books and accounts

between the said diocese and financial institution, and to receive all paid cheques

and vouchers, and to sign the said financial institution's form of settlement of

balances and release.

5. The duties of the Controller shall be:

(i) Generally to assist the Treasurer in the performance of the duties as set out in

section 4 herein; and

(ii) To fulfil all duties of the Treasurer during the Treasurer's absence, or during a

vacancy in the office of Treasurer.

6. The Treasurer, Controller, and such other members of staff as the Synod Council shall

designate from time to time, shall be bonded for such amounts as the Synod Council shall

determine. (revised, 1993)

7. Any vacancy in the office of Secretary, Treasurer or Controller shall not be deemed to impair

in any way the function of Synod or its jurisdiction or to void or to render voidable any of its

actions or the actions of the Diocese.

CANON 2.3

Appointment of Church Dignitaries

2.3

1. There may be in the Diocese the following dignitaries and other officers, namely: one Dean

together with Canons to constitute the Chapter; one or more Archdeacons, and such number

of Regional Deans as may be required; one Chancellor; one Vice-Chancellor; one Registrar,

and, when necessary, one Commissary.

2. The appointment of these dignitaries and officers shall be vested in the Bishop, and the

offices of Chancellor, Registrar and Commissary, shall be held during the Bishop's pleasure.

3. The Chancellors shall be communicants of the Church, and Barristers-at-law of at least ten

years' standing.

4. The Chancellor and one Vice-Chancellor shall be members of the Synod ex-officio and shall

be entitled to sit therein and to vote or otherwise take part in the proceedings of the Synod.

CANON 2.4

The Registrar

It shall be the duty of the Registrar to see that the following records be kept at the Synod Office.

1. Such official acts of the Bishop or of the Synod as require record or registration.

2. A list of the Clergy of the Diocese from time to time, with their academic standing and the

respective dates of their admission as deacons and priests, and of their licences on

admission to the Diocese, and a record of the different parishes, missions, or stations in

which they have served or of any Diocesan position which they have filled.

3. The election or appointment of clergy or laity to any office in the Diocese.

2.4

4. All letters of orders, licences, institution, induction and other official instruments issued by

the Bishop from time to time.

5. A record of consecration of churches and burial grounds and of the revocation of the

Sentence of Consecration.

6. A record of all churches, church buildings and memorials dedicated by the Bishop.

7. The Registrar shall record the election, confirmation, consecration and installation of the

Bishops of the Diocese and shall provide that such records be counter-signed by the

responsible witnesses, who have themselves been present at such ceremonies.

(amended,

1991)

CANON 2.5

Concerning a Solicitor for the Synod

2.5

1. There shall be a Solicitor for The Synod of the Diocese of Niagara, who shall be appointed by

the Synod Council and hold office during its pleasure, to provide legal advice and services in

support of the corporate activities and ministries of the Diocese.

(amended,

2019)

2. The Bishop, the Synod Council, or the Secretary of Synod may, in their discretion, retain other

legal counsel licensed to practice law in Ontario for particular matters.

(new,

2019)

CANON 2.6

Archives and Archivist

2.6

1. The Diocese shall maintain an Archives to acquire and preserve records of historical

significance in the life of the church in the Diocese, and where appropriate, to make these

records available. The Archives shall be located at the Division of Archives and Research

Collections, McMaster University Library in accordance with a memorandum of agreement

between McMaster University Library and the Executive Committee of the Synod of the

Diocese of Niagara 1975.

2. There shall be an Archivist of the Diocese who shall be appointed by the Diocesan Bishop

and remain in office during the pleasure of the Bishop.

3. The expenses necessary for the purpose of this Canon shall be provided for in the Diocesan

Budget and discharged by the Treasurer.

4. The Archivist shall receive and have charge of all documents, minutes, records and papers of

the Diocese and its officers, committees, organizations and agencies connected and

associated therewith, having continuing value for historical use or as a matter of record,

hereinafter called the Archives.

5. The Archivist shall receive from each congregation completed Parish registers, minute books

and records of Parish committees, organizations and officers, having continuing value for

historical use or as a matter of record, for transfer to the Diocesan Archives unless the Parish

has satisfied the Archivist that its records are being persevered in a secure environment.

6. It shall be the duty of the Archivist:

(a) to establish and administer a continuing program for the management of current

records created by the officers, committees and other bodies of the Diocese and, in

consultation with the Diocesan officials, to select non-current records of historical

interest to transfer to the Archives.

(b) to appraise and acquire for purposes of preservation and research, manuscripts,

private papers, printed documents, audio-visual materials and other documentation

relating to the history of the Diocese.

and other Parish records.

(d) to access, arrange and describe the holdings of the Diocesan Collection according to

Archival principles and in conjunction with the Director of Archives and Research

Collections at McMaster University.

(e) to be a liaison person between the Diocesan and parochial officials and the Division

of Archives and Research Collections of McMaster University Library.

2.6

(f) to provide mutually acceptable regulations for access to Diocesan and parochial

Archival material at McMaster University.

(g) to respond to enquiries by mail, telephone, or in person, and conduct research when

possible.

(h) to provide an Archivist's report to each regular session of the Synod of the Diocese.

(new,

1990)

CANON 2.7

Auditors' Duties

2.7

The Auditors shall make an examination of the books, records and financial affairs of the Synod to

the extent that they deem necessary to permit them to report whether, in their opinion, the financial

statements presented annually to Synod, reflect fairly the financial position of the Synod and the

results of its operations for the year under review.

The Auditors shall in particular include in their report such statements as they consider necessary -

(a) if the accounting records, routines and procedures are inadequate in their opinion;

(b) if they have not received all the information and explanations that they require;

(d) regarding any other matter concerning the financial affairs of the Synod.

CANON 2.8

Diocesan Budget

1. The budget of the diocese for each calendar year shall be presented for approval by the

Synod of the Diocese at its session in the previous calendar year.

2. The budget of the diocese as approved by Synod shall be presented annually to each

congregation in the diocese.

2.8

3. There shall be a Diocesan Parish Budget Assessment established for each congregation in

the diocese.

4. Guidelines and prescribed forms shall be supplied to each parish in the diocese to be

followed by them in preparing their annual reports to be submitted to Synod.

5. There shall be established a Diocesan Assessment Committee which:

(a) shall consider concerns and appeals raised and filed by parishes regarding

assessments;

(b) shall ensure consistent and accurate financial reporting from all parishes of the

diocese; and (amended,

2000)

pursuant to Section 4 of this Canon. (amended,

2000)

6. The Synod may assess interest on outstanding parish payroll and assessment balances owed

to the Synod at a rate to be set by the Synod Council. (replaced, 2001)

CANON 2.9

The Louisa Parke Estate

2.9

There shall be a decreasing fund of the Diocese known as the Louisa M. Parke Estate Fund (referred

to in this Canon as “The Fund”).

The capital and interest of The Fund shall be utilized to provide grants to supplement the retirement

income paid to retired clergy of the Diocese and their widowed spouses.

The Fund shall be administered, according to the directions of this Canon, by the Financial Advisory

Committee.

The capital and income from the fund shall be applied as follows:

to clergy who retired from the Diocese of Niagara on or before December 31, 1989 an annual

amount equivalent to that which they received from the Louisa Parke Estate Fund in the year 2000;

to clergy who retired between January 1, 1990 and December 31, 2000 an annual amount

equivalent to that which they received from the Louisa Parke Estate Fund as of December 31, 2000

adjusted downwards by any increase to their pension through the General Synod Pension Plan

effective January 1, 2001. An appropriate cost of living increase will be applied prior to any

adjustment; and

the spouse of any deceased retired clergy shall receive 60% of the amount which would have been

paid to the spouse based on the above criteria, provided this does not conflict with the policy of the

General Synod Pension Plan.

Should the income from the remaining fund be depleted before the death of any clergyperson who

retired before 1990 or their spouse, the remaining payments shall be paid out of diocesan funds.

(new,

2001)

CANON 2.10

The Cathedral of the Diocese of Niagara

1. The Bishop of Niagara’s cathedra shall be located at 252 James Street North in Hamilton,

hereafter referred to as Cathedral Place, in the worship space of Christ’s Church Cathedral.

2.10

2. The Cathedral congregation shall have all rights, responsibilities, and duties assigned to a duly

established parish by Canon 4.1, with the exception of those fiduciary responsibilities related to

the care and trusteeship of the buildings and property on which the Cathedral is situated,

including its fixtures, fittings, and fabric, which shall be the responsibility of the diocese, save

and except the maintenance, repair or improvement of the organ which shall remain the

responsibility of the Cathedral congregation.

3. a) The Cathedral congregation shall be expected to make annual contributions to the diocese

for:

i. the upkeep of the Cathedral Place property, drawing on designated funds held for the

maintenance, repair or improvement of fixtures, fittings, or fabric located at

Cathedral Place and any additional funds as may be necessary, and

ii. the mission and ministry of the diocese.

b) The base amounts for these contributions shall be determined by a prescribed formula

established by regulations approved by the synod council, in consultation with the

corporation of the Cathedral.

There shall be a Cathedral Place Property Management Committee to oversee the care,

maintenance, and management of the Cathedral Place property and buildings and to advise

the officers of the synod and the synod council about related policy matters.

The specific terms of reference for the Committee shall be established by the synod council.

The membership of the Committee shall consist of:

i. the Executive Officer;

ii. the Rector of Christ’s Church Cathedral;

iii. two members elected by the Cathedral vestry for a two-year term;

iv. two members elected by the synod council of the diocese for a two-year term; and

v. a chair who shall be appointed by and serve at the pleasure of the Bishop of Niagara.

An alternate member may be elected by both the vestry and synod council to attend and vote

at committee meetings should the respective elected representatives be compelled to be

absent.

(new,

2020)

CANON 3.1

Appointment of Incumbents

3.1

1. There shall be in every parish (not being an assisted parish) a Committee (hereinafter called

"The Parochial Committee"), which shall consist of the lay representatives to the Synod and

the Churchwardens of the parish. Such Committee shall have full power in conference with

the Bishop, to represent the Parish in the selection of an incumbent.

2. Whenever there are two or more congregations forming one parish, the Parochial Committee

shall consist of the Lay representatives and the Churchwardens from each congregation.

3. Whenever a vacancy occurs in any parish (not being an assisted parish), the Bishop shall, as

soon thereafter as convenient, call together the Parochial Committee of such Parish at such

time and place as the Bishop shall see fit, and as often as shall be deemed necessary, and

after conference with them, shall proceed to appoint a member of the clergy to such vacancy.

4. Diocesan Clergy holding the Bishop's License for full-time ministry shall be entitled to annual

vacation periods as set by the Bishop in consultation with the Diocesan Synod Council,

provided that in all cases, the expenses of providing for the conduct of services of the Parish

during the absence on vacation of the member of the clergy shall be borne by the Parish.

(amended,

1990)

5. When appointments or exchanges of clergy are made under this Canon, the expenses

incurred by the clergy for their removal from one parish in this Diocese to another parish in

this Diocese shall be paid by that parish to which the clergy member is newly appointed.

CANON 3.2

Licensed Lay Workers

3.2

1. Lay persons professing a vocation to career ministry, and who upon qualification, licensing

and commissioning obtain an employment contract with a parish or an appropriate affiliate

to a particular ministry or undertaking of the diocese, shall be recognized as licensed lay

workers. Such ministry may be exercisable within the diocese, in fields including education,

social and community work, pastoral care, administration, mission, and liturgy.

2. A person who holds an appropriate post-secondary degree or diploma, or possesses an

adequate combination of education and experience for the field in which the vocation is to

be exercised, shall be qualified for recognition as a licensed lay worker.

3. A qualified lay worker, having received the approval of the Hiring Committee and the Bishop,

shall be licensed by the Bishop and commissioned at an appropriate liturgical event. The lay

worker shall take oaths of subscription, and shall express willingness to be accountable in

life and ministry to duly constituted diocesan and parish authority.

4. Licensed lay workers and the Hiring Committee shall enter into an employment contract,

which shall conform to the current guidelines for fair employment practices adopted by the

General Synod of the Anglican Church of Canada.

(new,

1987)

Footnote

(a) Canons 13, 18, 19, 20 and 22 of the General Synod of the Anglican Church of

Canada shall apply, with necessary modifications, to all lay workers recognized,

licensed and employed within the diocese.

(b) The provisions of Canon 3.3 of the Diocese of Niagara plus all appendices and

schedules to this Canon shall apply, with necessary modifications, to all lay workers

recognized, licensed and employed under this Canon.

(Footnote new,

1987)

CANON 3.3

Discipline

Part 1 - Episcopal Jurisdiction

Preservation of Episcopal Jurisdiction regarding Discipline

3.3

1. It is hereby acknowledged that the Bishop of the Diocese has by virtue of the office of Bishop,

ecclesiastical jurisdiction, authority and power of discipline over Bishops, priests, deacons

and lay members of the Anglican Church of Canada within the Diocese or otherwise under

the jurisdiction of the Bishop.

2. Nothing in this Canon shall affect the obligation of both the bishop and any other party in

matters of discipline to canvass every possibility to settle differences, in consultation and

counselling, before resorting to legal procedures.

3. Nothing in this Canon shall be interpreted as impairing, diminishing or affecting in any way

the pastoral or disciplinary aspects of the authority and jurisdiction of:

(a) a Bishop who has jurisdiction with respect to a Bishop, priest or deacon, or a lay

person who is a member of the Anglican Church of Canada;

except only in relation to:

(b) the determination of whether the Bishop, priest or deacon has committed an

ecclesiastical offense established by this Canon,

commissioned to an office, appointment or responsibility in a parish or the Diocesan

Synod, has committed an ecclesiastical offense established by this Canon, and

(d) the determination of the penalty appropriate for the commission of an ecclesiastical

offense established by this Canon.

Initial Disciplinary Jurisdiction

(a)

Where it has been alleged that a Bishop, priest or deacon, subject to the jurisdiction

of the Bishop, or a lay person as described in Section 5 of this Canon, has

committed an ecclesiastical offense established by this Canon, the Bishop shall

have initial jurisdiction with respect to the determination of whether an ecclesiastical

offense has been committed and the penalty for the commission of the offense.

(b)

The Bishop may refer the determination of whether an ecclesiastical offense has

been committed or the determination of a penalty to the Diocesan Court having

jurisdiction with respect to the discipline of the person charged with the commission

of an ecclesiastical offense without exercising the initial jurisdiction described in

Section 4 (a).

3.3

described in this Section shall be those established by the Synod of which the Bishop

is the president; however, such procedures shall be subject to the principles set out

in Part 5 of this Canon.

Review by the Court

(a)

A person convicted of an ecclesiastical offense by the Bishop may require the

determination of the Bishop that an ecclesiastical offense was committed by the

person, or the penalty imposed by the Bishop to be reviewed by the Diocesan Court

having jurisdiction with respect to the discipline of the accused person, which Court

may either confirm or overturn the determination of the Bishop.

(b)

The Synod Council of the Diocese, on its own motion or on the petition of the person

or persons who made the allegation of an ecclesiastical offense which was tried by

the Bishop, may require the determination of the Bishop that an ecclesiastical

offense was committed, or the penalty imposed by the Bishop, to be reviewed by the

Court having jurisdiction with respect to the discipline of the accused person, which

Court may either confirm or overturn the determination of the Bishop.

(c)

Where a review by the Court pursuant to this Section is of a determination by the

Bishop that an ecclesiastical offense has been committed, the review shall be

conducted as if it were an original trial held in the Court.

(d)

Where a review by the Court pursuant to this Section is of a determination by the

Bishop of the penalty appropriate for the commission of an ecclesiastical offense,

only evidence relevant to the question of the appropriate penalty shall be considered

by the Court.

Part 2 - Court Jurisdiction

Diocesan Courts

6. The Diocesan Court shall have ecclesiastical jurisdiction with respect to the discipline of:

(a) priests and deacons who carry out their ministry in the Diocese and who are

registered on the register of the Diocese, for any ecclesiastical offense, wherever

committed,

(b) subject to Section 25, priests and deacons of the Anglican Church of Canada not

registered on the register of the Diocese, in respect of any ecclesiastical offense

committed in the Diocese,

appointment or responsibility in a parish of the Diocese or the Diocesan Synod, for an

ecclesiastical offense which they may commit in the Diocese.

3.3

(d) lay persons who have been appointed, elected or commissioned to an office,

appointment or responsibility in a Provincial Synod, or the General Synod, for an

ecclesiastical offense which they may commit in the Diocese, and

(e) priests, deacons and lay persons of any other Diocese when a direction is made

pursuant to Section 26 of this Canon.

Part 3 – Ecclesiastical Offenses

Disciplinary Action Regarding Offenses

7. All persons who are subject to ecclesiastical jurisdiction in the Church shall be liable to

discipline for any of the following offenses:

(a) conviction of an indictable offense;

(b) immorality;

(d) violation of any lawful Constitution or Canon of the Church, whether of Diocese,

Province or the General Synod by which the person is bound;

(e) wilful or habitual neglect of the exercise of the ministry of the person without cause;

(f) wilful or habitual neglect of the duties of any office or position of trust to which the

person has been appointed or elected;

(g) teaching or advocating doctrines contrary to those accepted by the Anglican Church

of Canada;

(h) contemptuous or disrespectful conduct towards the Bishop of the Diocese in matters

pertaining to the administration of the affairs of the Diocese or a parish.

Part 4 - Penalties for Ecclesiastical Offenses

Penalties Generally

8. Where it has been determined that a person has committed an ecclesiastical offense, the

following penalties may be imposed against the person:

(a) admonition;

(b) suspension from the exercise of ministry or office;

(d) deposition from the exercise of ministry if the person is ordained;

3.3

Admonition

9. Admonition shall be delivered by the Bishop or the president of the Court which shall have

determined the penalty, as the case may be.

10. Admonition may be in public or private as the Bishop or president delivering it may

determine.

Suspension

11.

(a)

When a penalty of suspension is imposed, the Bishop or Court imposing it shall fix

the duration of the suspension and may impose such other conditions on the

suspension as are considered appropriate.

(b)

During the term of a suspension, the person suspended from the exercise of ministry

or office shall not exercise the function of his or her ministry anywhere in Canada.

(c)

If a person suspended from the exercise of ministry exercises his or her ministry

contrary to Section 8 (b) hereof, or otherwise violates the conditions of the

suspension, the Bishop or Court which imposed the penalty may, after a further

hearing, impose the penalty of deprivation of office.

(d)

During the term of a suspension, the Bishop may deprive the suspended person of

the whole or part of any stipend, income or emoluments associated with the ministry

or office from which the person stands suspended and may authorize the application

of the whole or part of such stipend, income or emoluments to the payment of a

substitute.

Deprivation

12.

(a)

Upon the penalty of deprivation of office or ministry being pronounced, the

connection between the person deprived and his or her parish, mission,

congregation, Diocese or office is severed and all revenues to which the person was

entitled by virtue of the office or ministry shall wholly cease and determine.

(b)

A person who has been deprived of office or ministry shall be incapable of holding

any office or performing any function in any Diocese in the Anglican Church of

Canada until restored pursuant to subsections (c) or (d) hereof.

(c)

Any person so deprived shall be and remain deprived until restored by the Bishop of

the Diocese in which the office from which the person was deprived is located.

(d)

Restoration pursuant to Subsections (c) may be to any office or ministry in the

Diocese whether or not it be the specific office from which the person was deprived.

Deposition

13. The penalty of deposition shall include all of the consequences of deprivation and at the

same time will have the same effect as if the person had relinquished the exercise of the

ordained ministry pursuant to the Canons of the Anglican Church of Canada.

Notices

3.3

14. (a) Where the penalty of suspension is imposed, the Court shall cause notice thereof to

be given to all the clergy of the Diocese and all Bishops of the Anglican Church of

Canada.

(b) Where a penalty of deprivation of office or ministry or of deposition is imposed, the

Court shall cause notice thereof to be given to all clergy of the Diocese, all Bishops of

the Anglican Church of Canada and all Metropolitans of the Anglican Communion.

Part 5 - Principles and General Procedures to be Observed

in Discipline Procedures

Fundamental Principles of Natural Justice

15. All trials of persons charged with the offenses under this Canon shall be conducted according

to the principles of natural justice.

16. Without limiting the generality of the foregoing Section, all persons tried for offenses under

this Canon are entitled to be:

(i) given full and complete written notice of the charge against them and the particulars

of the charge;

(ii) presumed innocent until the commission of the offense by them is proved on a

balance of probability;

(iii) heard in their own defence;

(iv) represented in their defence by counsel of their own choice;

(v) present, accompanied by their counsel, when any evidence or argument concerning

the allegations against them is received by the Bishop or Court inquiring into the

charges;

(vi) given opportunity to cross-examine, or have their counsel cross-examine under oath,

witnesses who have given evidence against them;

(vii) tried by persons who are not biased against them; and

(viii) tried within a reasonable time.

3.3

17. No person tried for an offense under this Canon is required to give evidence in the

proceedings.

18. Disciplinary proceedings arising out of the alleged commission of an offense under this

Canon shall be commenced within:

(a) 12 months from date of the alleged offense in the case of offenses under Section 7

(a), (c), (g) and (h), and

(b) 12 months from the time when the facts giving rise to the charge became publicly

known in the case of an offense under Section 7 (b).

19. No proceedings shall be taken in respect of an alleged offense under Section 7 (c) or (f)

unless 6 months notice of intent to take proceedings have been given to the Bishop, priest or

deacon against whom it is intended proceedings will be taken.

20. Disciplinary proceedings arising out of the alleged commission of an offense under Section 7

(e) or (f) shall be commenced within 12 months of the date of the notice of intent given,

pursuant to Section 19.

21. All persons found to have committed an offense under this Canon are entitled to have the

penalty imposed against them within 30 days of the determination that they committed an

offense, subject to a stay of the imposition of a penalty in the event of an appeal.

22. No person who has been acquitted of an offense under this Canon may be tried for the same

offense a second time.

23. No person who has been found guilty of and punished for an offense under this Canon may

be tried or punished for the same offense again.

Inhibition

24.

(a)

If it appears to the Bishop that great scandal is likely to arise if a priest, deacon or lay

person continues to perform the duties of his or her office while a charge is under

investigation or trial and that the person's ministry will be seriously impaired while a

charge is pending, the Bishop may inhibit the person charged from performing any of

the duties of his or her office, either in the Diocese of that Bishop or elsewhere,

pending such investigation or until the Bishop withdraws the inhibition, or until the

end of the trial.

(b)

During such inhibition, the person inhibited shall not be deprived of the stipend,

income or emoluments associated with the person's office.

(c)

Where it is alleged that a Bishop has committed an ecclesiastical offense, inhibition

may be ordered or withdrawn by the Metropolitan in consultation with the Synod

Council.

3.3

Priest or Deacon from another Diocese

25.

(a)

In the event of an offense being alleged against a Bishop, priest or deacon who is not

on the register of the Diocese, but who is on the register of another Diocese, for an

offense alleged to have been committed in the Diocese, proceedings with respect to

such an offense shall not be instituted until notice of the allegation has been given to

the Bishop of the Diocese in which the priest or deacon is registered and that Bishop

has given consent for proceedings to be instituted by the Bishop of the Diocese in

which the offense is alleged to have been committed.

(b)

A Bishop who receives a notice under subsection (a) shall forthwith respond either by

consenting or refusing consent to the institution of proceedings in the Diocese from

which notice was received.

(c)

Where a Bishop consents, proceedings shall be taken in the Diocese where the

allegation has been made.

(d)

A Bishop who refuses consent shall, within six months of receipt of notice pursuant to

subsection (a) hereof, institute proceedings with respect to the alleged offense in

accordance with the Canons of the Diocese in which the priest or deacon is

registered.

Transfer of Jurisdiction

26.

(a)

On the application of a person charged with an offense under this Canon to the

president of the Court having ecclesiastical jurisdiction over that person, that

ecclesiastical jurisdiction may be transferred to another Court, where it appears to

the president of the Court to which the application is made, that such transfer is

necessary to ensure that the fundamental principles of natural justice are respected

and where the Court to which the transfer is to be made consents to the transfer.

(b)

Where an applicant under subsection (a) is made to the president of a Diocesan

Court, the transfer may be made to another Diocesan Court of the same

Ecclesiastical Province.

Part 6 - Rights of Appeal in Disciplinary Proceedings

27. An appeal to the Provincial Court of Appeal may be taken from any judgement or order of a

Diocesan Court or the president thereof.

28. All appeals shall be commenced according to the procedure of the Court to which the appeal

is to be made within 30 days of the date of pronouncement of the judgement or order

appealed from.

29. No limit or restriction on the rights of appeal granted by this Canon, imposed by a Bishop or

Diocesan Synod shall be of any effect.

3.3

Preferment of Charge

Part 7 - General

30. A charge may be preferred against any person set forth in Section 6 of this Canon for any of

the offenses mentioned by three members of the Church in the Diocese, or by any

Archdeacon of the Diocese, and such charge shall be in writing and shall be delivered to the

Bishop of the Diocese, or the Bishop of the Diocese may prefer such a charge.

31. Upon a charge being preferred, the Bishop shall communicate the contents of the charge to

the person accused and after consideration the Bishop of the Diocese may deny the

complaint and notify the complainant and the respondent of decision of the Bishop.

Admission of Charge and Summary Hearing

32. If any respondent admits the truth of the charges or the complaint and requests the Bishop

to deal with the same in a summary way, the Bishop shall thereupon adjudge the party to be

guilty, and shall award such punishment under this Canon as in the Bishop's judgement and

discretion may be considered adequate to the offense and shall attach the Bishop's

sentence and the answer of the respondent against whom the charge or complaint is made

to a memorial, and file the same of record with the Registrar of the Court, who shall forthwith

transmit to the complainant(s) and the party charged a copy of such decision or sentence.

Investigation of Charge

33. If the Bishop does not deny the complaint pursuant to Section 30, the Bishop may request by

commission the Court or some members thereof to investigate the charges in which case the

Diocesan Court shall inform the respondent of the nature of the charges and after

consideration and investigation shall advise the Bishop either that a prima facie case has

been established or that no case has been established. Service by any member of the

Diocesan Court in the investigation of any complaint or any other preliminary matter involving

a complaint shall not prevent such member sitting as a member of the Diocesan Court in any

other hearing with respect to the said complaint.

Submission to Court

34. If a prima facie case has been established the Bishop of the Diocese may submit the

complaint to the Diocesan Court with the Bishop's commission that the Court try the matter

and report to the Bishop on its findings, and its recommendations as to sanction.

Submission as to Sentence

35. Upon a plea of guilty, or submission to the Bishop, or after receipt of the decision of the

Diocesan Court, and any recommendations that it may make, the Bishop may hear

submissions as to sentence, along with such persons as the Bishop considers proper, and

after hearing such submissions may proceed to pass sentence.

3.3

Interpretation

36. In this part:

Part 8 - Diocesan Court

"accused" shall refer to any person charged with an offense under any Canon on

Church Discipline;

"applicant" shall refer to any party in the position of plaintiff with respect to any

matter referred to the Court by the Bishop other than under the Canon of Discipline;

"Bishop" shall refer to the Bishop of the Diocese and shall include an Administrator of

the Diocese or Bishop's Commissary;

"Canons" shall include the Canons of the Diocese as well as Canons of Provincial

Synod and General Synod;

"cause" includes any matter referred to the Court;

"charge" is an accusation of any breach of discipline under the Canons;

"commission" shall refer to the commission of the Bishop requiring the Court to deal

with a cause;

"complainant" shall include any person who instigates a charge or complaint;

"complaint" shall refer to the document upon which a charge is based;

10)

"Court" shall mean the Diocesan Court;

11)

"party" shall include any party to the proceedings;

12)

"proceeding" shall include any cause or matter referred to the Court;

13)

"Provincial Court of Appeal" shall mean the Provincial Court of Appeal of the

Ecclesiastical Province of Ontario'

14)

"Registrar" shall mean the Registrar of the Court;

15)

"respondent" shall include any party responding to any other matter referred to the

16)

Court by the Bishop

"rules" shall mean the rules passed from time to time by the Court;

17)

"Supreme Court of Appeal" is the Supreme Court of Appeal for the Anglican Church of

18)

Canada;

"Supreme or Superior Court" is the Ontario Court (General Division) in the Province of

Ontario.

Court

37.

(a)

There shall be a Court for the trial of causes to be known as the "Diocesan Court" and

which shall be composed of the Chancellor of the Diocese and three clergy and three

lay members of Synod to be appointed by the Bishop annually at the annual session

of Synod and to hold office until their successors have been appointed.

(b)

No member of the Court shall be disqualified by reason of that member dealing in

any way with a charge or preliminary investigation, but no member of the Court may

sit on any charge or complaint preferred by such member, or on any charge or

complaint in which such member may have an interest.

3.3

death, resignation or otherwise, shall be filled by the Bishop, and the appointment of

any new member shall be announced by the Bishop at the next ensuing meeting of

the Synod Council, which shall report the appointment to the Synod at its next

session.

(d) The Court shall be presided over by the Chancellor, or by some other member thereof

commissioned in writing by the Bishop.

(e) The Court shall from time to time appoint a Registrar or acting Registrar, and such

other officers as may be found necessary.

(f) The Court may sit in any place in the Diocese and at such time as the President of

the Court may order and direct.

(g) No objection shall be effective as to the constitution, or appointment of any members

of the Court or any other officers appointed to assist or advise the Bishop in the

exercise of the Bishop's power, authority and jurisdiction.

(h) No objection shall be effective in any proceedings under this Canon that the offense,

cause, breach or charge arose outside of the Diocese in which proceedings are taken

or arose outside Canada.

Jurisdiction

38.

(a)

The said Court shall have cognizance and may try any member of the church within

the Diocese, clerical and lay, for offenses against the provisions of the constitution or

Canons of the Diocese or of the Provincial Synod of Ontario, or of the General Synod

of Canada.

(b)

The Court shall also determine any question which may be referred to it by the Bishop

as to the sufficiency of the Bishop's reasons for refusing a Bene Decessit or Letters

Testimonial to a cleric on removal from the Diocese.

(c)

The Court shall also have jurisdiction to determine any other question which may be

referred to it by the Bishop.

Procedure

39. (a) Notwithstanding anything in this Canon and unless the Court otherwise directs, any

proceedings may be disposed by:

i) agreement;

ii) consent order; or

iii) decision of the Court given,

a) without a hearing, or

3.3

b) without compliance with any other requirement of this Canon, where

the parties have waived such hearing or compliance.

(b) It shall be the duty of the President of the Court to see that all of the proceedings of

the Court as well as any sentence, or any action of the Bishop thereon, are duly

recorded by the Registrar and retained with all proceedings in the matter, and the

decision of the Court and any sentence of the Bishop shall be in writing.

Registrar of the Court and shall bear date on the day on which they are respectively

issued.

(d) The seal of the Court shall bear the device of the seal of the Synod.

(e) No member of the Court shall divulge the sentence recommended by it until such

time as it has been approved and confirmed by the Bishop, and further, no member

of the Court will disclose the vote of any particular member of the Court.

Appeals Regarding Hearings

40. Every person whose case may have been disposed of and decided adversely to such person,

and who shall feel aggrieved by such decision, or who shall make it appear that new

evidence, having an important bearing on the case has been discovered since the hearing of

the existence of which was unknown by such person at the time of the hearing, may within

six months petition the Bishop for a rehearing of the case, either upon objections to be taken

to the decision upon the facts, or because the judgement is not sustained by the laws and

Canons of this Ecclesiastical Province, or of the Diocese, or for other cause or causes; or

such person may apply by petition to the Bishop for an arrest of sentence of judgement, upon

causes to be shown; and in either case the Bishop shall, upon receiving such petition, refer

the same with or without comment to the Court and the Court's decision on the above

questions, being approved by the Bishop, shall be final insofar as this Diocese is concerned.

Rules

41. The rules of the Court are the rules set out in the schedule of this Canon. The Court may from

time to time make such rules and regulations as to the Court may seem expedient for

regulating the practice and procedure of the Court, and every matter deemed expedient for

carrying out the objects of this Canon; and the Court may, from time to time, suspend, repeal,

vary or revive any such rules and regulations, but no order made by the Court shall have the

effect of altering any matter defined by this Canon. Matters not provided for by the rules of

the Court shall be regulated by analogy to the rules of the Ontario Court (General Division).

Costs and Expenses

42. (a) All expenses necessarily incurred by the Court or by anyone acting under its direction

in any investigation or hearing pursuant to this Canon shall be paid by the Synod.

3.3

(b) The costs including counsel fees of and incidental to any proceedings authorized to

be dealt with by the Court are in the discretion of the Court. The Court has full power

to determine by whom, or to what extent, costs shall be paid including the legitimate

costs of any party out of the Synod, and in any proceeding the Court may fix the

amount of costs awarded or may in its discretion deal with the question of costs

separately.

SCHEDULE TO CANON 3.3

Rules of the Diocesan Court

Style

1. Any proceedings in the Court shall be styled in the Diocesan Court with the names of the

complainant(s) and the name of the respondent, or a short description of the cause or

matter.

3.3

Preliminary Investigation

2. Where the Court has been requested by the Bishop to conduct a preliminary investigation,

the investigation may be conducted by two or more members of the Court, as determined by

the Court or by the Bishop.

Form of Charge and Hearing by Court

3. The Court may appoint two of its members to determine the sufficiency or insufficiency of the

form in which the charge is presented, and of the answer thereto, and of any matter

connected with the practice or procedure of the Court, subject to an appeal to the Court in all

matters in which either party may be dissatisfied; provided however, that the evidence to be

taken on which the Court is to act, and the hearing and adjudication of the subject matter of

the complaint, must be given, heard and made before and by the Court.

Notice of Hearing

4. A notice of hearing by the Court shall include a statement of the time, place and purpose of

the hearing and a reference to the authority under which the hearing will be held, and shall

also include a statement that if any party notified does not attend at the hearing, the Court

may proceed in the absence of such party who will not be entitled to any further notice in the

proceedings.

Service of Notice of Hearing

5. Notice of hearing shall be served upon the respondent and other parties, or such service may

be accepted by any party and a party shall be given reasonable notice of the hearing, the

question of reasonableness in any case to be solely determined by the Court.

Procedure on Failure to Attend After Notice

6. Where notice of hearing has been given to a party and the party does not attend, the Court

may proceed in the absence of the party and who will not be entitled to any further notice in

the proceedings.

Furnishing Information to Party Where Character or Conduct in Issue

7. Where the good character, propriety of conduct or competence of a party is an issue in any

proceedings, the party is entitled to be furnished prior to the hearing with reasonable

information of any allegations with respect thereto.

Representation by Counsel

3.3

8. A party to the proceedings may be represented by counsel or an agent; may call and examine

witnesses and present arguments and submissions, and may conduct cross-examination of

witnesses, at a hearing reasonably required for full and fair disclosure of the facts, and

where any person is not so represented the Court may appoint a representative when the

Court determines that such representation may be required in the interest of justice, and

where any party is charged with any offense the Court may appoint counsel to prosecute the

charge.

Witness's Rights

9. A witness at a hearing is entitled to be advised by counsel or agent as to such witness's

rights, but such counsel or agent may take no other part in the hearing without leave of the

Court, and where a hearing is in camera, a counsel or agent for witness is not entitled to be

present except when that witness is giving evidence.

Open Hearings

10. A hearing shall be open to the public except where the Court is of the opinion that matters

involving intimate, financial or personal matters may be disclosed at any hearing of such a

nature, having regard to the circumstances, that the desirability of avoiding disclosure in any

interests of any person affected or in the public interest outweighs the desirability of

adhering to the principle that hearings be open to the public, in which case the Court may

hold the hearing in camera.

Oaths

11. Any member of the Court has power to administer oaths and affirmations with respect to any

of its proceedings, and the Court may require evidence before it to be given under oath or

affirmation.

Power to Summon Witnesses

12. The Court may summon and examine witnesses, including any party, viva voce and in open

Court to give evidence under oath or by affirmation and to produce in evidence documents

and things so specified by the Court, and may for sufficient reason order any particular fact

or facts to be proved by statutory declaration or allow the affidavit or statutory declaration of

any witness to be read in evidence at the hearing, or may direct any witness to be examined

before an examiner or commissioner or the Registrar of the Court or other person authorized

by the civil law of the Province to examine witnesses or take statutory declarations.

Service of Summons

13. The summons herein referred to shall be served personally in accordance with the rules of

the Ontario Court (General Division). If personal service cannot be reasonably effected, the

Court may make such order for substituted or other service as it deems fit.

3.3

Inferences

14. The Court shall be entitled to draw inferences from evidence accepted by it whether of fact or

law which might have been drawn therefrom if proved at a trial.

Canada Evidence Act

15. A witness at a hearing shall be deemed to have objected to answer any question that may be

asked of such witness on the ground that it may tend to incriminate or be deemed to

establish liability to civil proceedings, and no answer given by a witness shall be used or be

receivable in evidence against that witness at any hearing or trail or other proceedings

against such witness thereafter taking place other than a prosecution for perjury, and a

witness shall be informed by the Court of the provisions of the Canada Evidence Act.

Affidavit Evidence

16. A witness at a hearing shall be examined viva voce but the Court may at any time by

sufficient reason order particular evidence or facts to be proved by affidavit, or that the

affidavit of a witness may be read at the hearing.

Dispositions and Commission Evidence

17. The Court may, whenever it appears necessary, make an order for the examination before a

member of the Court or any other person at any place and permit such deposition to be given

in evidence, or the Court may order the issue of a commission to take such testimony as

approved in the form of the Ontario Court (General Division) and such testimony may be

given in evidence.

Admission of Evidence

18. The Court may admit as evidence at a hearing, whether or not given or proven under oath or

affirmation or admissible as evidence in Court, any oral testimony or document or other thing

relevant to the subject matter of the proceedings, but nothing is admissible in evidence that

may be inadmissible in a Supreme or Superior Court by reason of any privilege under the law

of evidence, or which would be inadmissible by statute.

Copies of Document

19. A copy of a document may be admitted as evidence where the Court is satisfied as to its

being a certified true copy, and where the document may be filed as evidence the Court may

authorize a copy to be filed in evidence when certified to be a true copy by a member of the

Court.

Judicial Notice

20. The Court may take notice of facts that may be judicially noticed, and take notice of any

generally recognized scientific or technical facts, information, or opinions within its scientific

or specialized knowledge.

Decision in Writing

21. The Court shall give its final decision or order, if any, in writing, and shall give reasons in

writing thereof if requested by any party.

3.3

Service of Decision

22. The Court shall send by first class mail addressed to the parties to any proceedings at their

last known address a copy of the final decision or order, together with reasons where

reasons have been given, and each party shall be deemed to have received a copy of the

decision on the fifth day after the day of mailing unless a party acting in good faith did not

receive the decision or order through absence, accident, illness or other cause beyond the

control of such party.

Filing of Decision with Ontario Court (General Division)

23. A certified copy of a final decision or order may be filed by the Court of any party in the office

of the Registrar of the Ontario Court (General Division), and it may be enforced at the

instance of the Court, or of such part in the name of the Court, in the same manner as a

judgement of the Ontario Court (General Division).

24. Where any decision or order is made rescinding or varying a decision or order previously

made by the Court that has been filed with the Registrar of the Ontario Court (General

Division), the decision or order rescinding or varying a former decision or order shall also be

filled.

Record

25. The Court shall compile a record of any proceeding before it which shall include the

complaint, notice of hearing, the answer, if any, any intermediate or interlocutory orders, all

documentary evidence, transcripts if any of oral evidence, the decision of the Court and

reasons where reasons have been given.

Maintenance of Order

26. The Court may make such orders or take such proceedings as it considers necessary for the

maintenance of order at the hearing.

Abuse of Process

27. The Court may make such orders or give such directions in proceedings before it as it

considers proper to prevent abuse of its processes.

Exclusion of Agents

28. The Court may exclude any person acting as agent from the hearing other than a barrister

and solicitor qualified to practise in the Ontario Court (General Division), if it finds that such

person is not competent to properly advise or represent a witness or a party.

Limitation of Cross-Examination

29. The Court may reasonably limit further cross-examination of a witness where it is satisfied

that the cross-examination of a witness has been sufficient to disclose the facts.

Adjournment

30. Any hearing may be adjourned from time to time by the Court.

Notice of Order by Publication

3.3

31. Where the Court is of the opinion that because the parties to any proceedings are so

numerous, or for any other reason, it is impracticable to send its decision and the material to

all or any of the parties individually, the Court may cause reasonable notice of the decision or

order to be given to such parties by public advertisement, or otherwise as the Court may

direct.

Amendments

32. Amendments to any proceeding or document may be made by order of the Court at any time.

Addition or Deleting Parties

33. The Court may at any stage of the proceedings order that the name of any complainant or

respondent improperly added be struck out and may also order that any persons who ought

to have been joined, or whose presence is necessary be added.

Application to Ontario Court (General Division)

34. The Court may apply to the Ontario Court (General Division) for such directions as it deems

necessary or to enforce its orders with respect to evidence or for any other purpose, and the

Court may state a case to the Ontario Court (General Division) where permitted by law

Matters not Provided For

35. As to all matters not provided for in these rules, the practice shall be regulated by analogy

thereto and to the rules of practice of the Ontario Court (General Division).

(new,

1993)

CANON 3.4

On the Appointment of Archdeacons and Regional Deans

and Their Duties

3.4

1. The Archdeacon or Archdeacons, on their appointment by the Bishop, shall perform such

duties as pertain to their office or shall be assigned them by the Bishop and are responsible

to the Bishop alone. The Archdeacon shall examine from time to time all Parish and Vestry

registers and records of the Archdeaconry, in order to see that they are legibly, properly and

neatly kept, and to report thereon to the Bishop.

The Archdeacon shall from time to time, and especially during a vacancy, ascertain the

condition of the rectory of a parish and make recommendations, if necessary, to the

churchwardens regarding redecoration, repairs or improvements.

2. The nomination of a Regional Dean shall be vested in the clergy of the Region, and the

appointment shall be subject to the approval of the Bishop and for a term of three years.

3. It shall be the duty of each Regional Dean:

(a) To convene regular meetings of the Clergy in the Region for conference in

spiritual and ecclesiastical affairs; and the Chapter duly convened may adopt,

subject to the approval of the Bishop, such rules and regulations for their own

government, and for the increase and promotion of Church work within their

Region as they may deem best.

(b) To visit any Assisted Parish requiring a grant from the Diocesan Assessment

Committee and arrange with the several congregations thereof as to the

amount to be contributed by them towards the maintenance of a resident

Cleric.

CANON 3.5

College of Deacons

1. There shall be a College of Deacons whose purpose is to provide communal support and

encouragement to deacons exercising their ministries throughout the Diocese of Niagara.

3.5

2. The diocesan Bishop shall appoint a Director of Deacons and may appoint both a Deputy Director

of Deacons and a Chaplain to the College of Deacons. The Director and Deputy Director, if any,

shall serve at the Bishop’s pleasure and assist the Bishop in the placement and supervision of

deacons. The Bishop’s Chaplain to the College will function as a pastor to the deacons on behalf

of the Bishop.

3. The College of Deacons shall be composed of:

(a) all deacons in good standing and holding a Bishop’s Permission

(b) the Director of Deacons;

(d) the Bishop’s Chaplain to the College of Deacons, if any.

4. There shall be an Executive Council of the College of Deacons whose purpose is to advise and

assist the Bishop, Director of Deacons and Deputy Director of Deacons, if any, in seeking and

promoting the vitality of diaconal ministries in the Diocese of Niagara.

5. The Executive Council of the College of Deacons shall be composed of:

(a) the Director of Deacons, who shall serve as Chair;

(b) the Deputy Director of Deacons, if any;

(d) the Bishop’s Chaplain to the College of Deacons, if any; and

(e) the Bishop or his/her designate.

(replaced,

2015)

CANON 4.1

Vestries and Churchwardens

4.1

1. (a) In every congregation within the Diocese of Niagara there shall be a Vestry composed

of all the baptised members of such congregation of the full age of 16 years, who for

at least six months preceding the holding of a Vestry meeting have been identifiably

involved with that congregation, through worship, fellowship, and financial support to

that congregation, subject to the certification and appeal procedures outlined in 1.

(b), (i) and (ii). (amended,1986)

(b) At the discretion of the Rector and Churchwardens or at the request of the Bishop of

the Diocese, the procedure for a Vestry will be:-

(i) A Certification Committee composed of the Rector, the Churchwardens and

Lay Representatives to Synod, shall determine, on the basis of their best

pastoral judgement, in the light of subsection (a) above, eligibility of those

who are to be voting members of the Vestry. Each voting member attending

the meeting shall sign a statement to the effect that he or she has not voted

as a member of any other Vestry during six months preceding the meeting.

The Vestry Chairperson may invite non-voting members to speak at a Vestry

meeting at his or her discretion, with the approval of the said meeting.

(ii) A list of those eligible to vote at a Vestry meeting shall be displayed in a

prominent place for at least 30 days before the date of any Vestry meeting. If

a person's name does not appear on the roll, that person may appeal to the

Certification Committee no later than 72 hours before the time of the opening

of the Vestry meeting, to have his or her name added to the certified list of

Vestry members. Individuals who still feel unjustly excluded, may further

appeal to a committee of the Archdeacon, Regional Dean, and Chancellor or

Vice-Chancellor. However, if the Archdeacon or Regional Dean be the Rector,

the Bishop shall appoint a substitute for this purpose. Should there be more

than a dozen people making such an appeal, the tribunal may order the

Vestry meeting postponed until the appeal has been heard and a decision

rendered. (amended,1986)

(iii) A voter's card may be issued to each eligible voter.

(amended,1986)

2. If a congregation newly formed desires to organize a Vestry without delay, a meeting of the

said Congregation shall be held for such purpose after notice thereof has been given during

Divine Service on the previous Sunday; and the members of such Vestry shall consist of

those who make the declaration required in the next preceding section as to age and Church

membership, and also declare their intention to worship habitually in such Congregation.

The Vestry so constituted shall be a lawful Vestry for all the purposes mentioned in this

Canon for not longer than one year from the date of its formation.

4.1

3. At all Vestry meetings the Priest or Deacon in charge shall preside, and in the priest's or

deacon's absence the Assistant Clergy, or in the absence of both, such member of the Vestry

as the majority, duly qualified to vote and present at such Vestry meeting, namely; and the

Vestry Clerk, or in case there be no Vestry Clerk, then such person as the Chairperson

names, shall be Secretary of such Vestry meeting; and the proceedings of such Vestry

meeting shall be entered in a book kept for that purpose, and preserved in the custody of the

Churchwardens.

4. An Annual Vestry Meeting shall be held by the 1

of March each year, or on such day as may

be fixed by the Synod, notice of the said meeting shall be given during Divine Service on the

two Sundays immediately preceding the said meeting. The said meeting shall be for the

purpose of receiving the audited accounts of the Vestry, and subsequently of electing and

appointing Churchwardens and Lay Representatives and for the transaction of other

business connected with the temporalities of the Church.

(revised,

2014)

5. The Cleric in charge may call a special Vestry meeting whenever is proper to do so, giving

notice thereof during Divine Service on the two Sundays next preceding on which Service is

held in the Church; and also specifying the business for which such Vestry meeting is called.

And the said cleric shall call such meeting upon application made to the cleric in writing by at

least six members of such Vestry; and in case, upon such written application being made

aforesaid, such person refuses or neglects to call such meeting or to give such notice, then

one week after such demand is made, the said six members may notify the Bishop and

request the Bishop's action thereon.

6. The members of Vestry, at such Vestry meetings as aforesaid, may pass resolutions or make

by-laws for the regulation of their proceedings and for the management of the temporalities

of the Church, Parish or Mission to which they belong, and may alter and repeal the same;

provided that at such special Vestry meetings no business shall be transacted other than

that specified in the notice calling the same.

7. (a) At the annual Vestry meeting or any adjournment thereof, after the accounts of the

past year have been audited and reported upon, one Churchwarden shall be

nominated by the Cleric in charge, and one other shall be elected by a majority of

those present and entitled to vote at such Vestry meeting as aforesaid. If the Cleric

being present at such Vestry meeting declines or neglects to nominate a

Churchwarden, or if the said Cleric being absent from such meeting neglects by

writing under their hand to appoint a Churchwarden, then both the Churchwardens

for the current year shall be elected by the members of the Vestry present; and if the

members of such Vestry neglect at such Vestry meeting to elect a Churchwarden,

both such Churchwardens for the current year shall be nominated by the Cleric.

(b) At such meeting, a deputy Churchwarden may be elected to assist the Churchwarden

elected at such meeting; and the Cleric may nominate a deputy Churchwarden to

assist the Churchwarden nominated at such meeting. (added, 1980)

4.1

8. No person shall be eligible for the office of Churchwarden except a member of such Vestry

and a duly qualified voter of the full age of 18 years and a communicant, and the

Churchwardens shall hold office for one year from the time of their election or appointment,

or until the nomination and election of their successors.

(amended,

1976)

9. If any Churchwarden declines to accept office, or to act when called on by the Cleric or

Vestry, or is deprived of their office, or tenders their resignation in writing to the Cleric or

becomes incapable to act, or ceases to be a member of the Anglican Church of Canada or of

the Church or Congregation for which the Cleric has been elected, or ceases to attend public

worship in such Church or Congregation for the space of six months, or dies, that office shall

become vacant, and a Vestry meeting shall be called within one month in the manner

provided for in this Canon for the nomination by the Cleric or for the election by the said

Vestry, as the case may be, of a new Churchwarden in place of the one whose office was

vacated from any of the causes aforesaid provided always, that in any case of such new

appointment by the Cleric, such Cleric may, if appropriate, instead of a Vestry meeting being

called for the purpose, nominate and appoint another Churchwarden during Divine Service

on any Sunday within the time specified for making such appointments.

(amended,

1981)

10. All Churchwardens shall yearly render in writing an accurate account at the annual Vestry

meeting, fairly entered in a book or books kept for that purpose, signed by the said

Churchwardens (which book or books shall be the property of the Vestry) of all sums of

money by them received and of all sums rated or assessed by the Vestry and remaining

unpaid, or otherwise due and not received, and also of all goods, chattels and other property

of said Church or Parish in their possession as such Churchwardens, and of all monies paid

by such Churchwardens, so accounting and of all other things concerning their said office,

which said account and book or books shall have been referred to two or more auditors

appointed by the annual Vestry meeting.

11. In the case of the appointment of a new Churchwarden or Churchwardens, the

Churchwardens then retiring from office shall pay and deliver over unto such succeeding

Churchwardens the book or books and all sums of money, goods, chattels, and other things

which are the property of the Church, and are in their possession; and the said book or books

shall be carefully preserved by such Churchwardens, and they shall permit any member of

such Vestry as aforesaid to inspect the same at all reasonable times. In case such

Churchwardens make default in yielding such accounts as aforesaid, or in delivering over

such monies, goods or other things as aforesaid, the succeeding Churchwardens shall take

measures to procure such account or to recover such monies or property.

12. No Churchwarden or Churchwardens shall permit the Church or Churches in any Parish or

Mission to be used for Divine Service or any other public purpose, or the Churchyard or burial

ground to be used for the purposes of internment, without the consent of the Incumbent of

the Parish, or, in the Incumbent's absence, the Bishop of the Diocese.

4.1

13. No sales of pews by the Churchwardens shall take place in any Church in this Diocese.

14. The Organist, the Vestry Clerk and the Sexton shall be appointed by the Churchwardens with

the concurrence of the Incumbent; and their salaries and wages shall be brought into the

general account to be rendered as aforesaid by such Churchwardens.

15. The provisions of the Church Temporalities Act, and of all other Acts passed subsequently

thereto, are hereby abrogated, so far as the same are inconsistent with provisions of this

Canon.

16. It shall also be the duty of the Churchwardens to make financial provision for the costs of

insurance coverage, as provided through the diocesan insurance policy and approved by

the Synod Council. (amended 2021)

17. LAY REPRESENTATIVES

(a) No person shall be eligible for election as Lay Representative to Synod, except a

member of such Vestry and a duly qualified voter of the full age of 16 years and a

communicant.

(b) (i) Each congregation, at every second annual Vestry Meeting commencing in

the year 1978, shall elect Lay Representatives to Synod for a two-year term;

the number of such Representatives to be elected shall be determined

according to the number in the congregation eligible to vote at a vestry

meeting as follows:

100 or less - 1 Lay Representative

101 to 400 - 2 Lay Representatives

401 to 1,000 - 3 Lay Representatives

Over 1,000 - 4 Lay Representatives;

(ii) Each congregation, at every Annual Vestry Meeting, may elect, as an

additional Lay Representative, one person who shall be between the ages of

16 and 25 as of the date of his or her election, and who shall serve for a one-

year term. (new,

1992)

(iii) Each congregation, at every Annual Vestry Meeting, may elect a substitute

Lay Representative, who shall be between the ages of 16 and 25 as of the

date of his or her election, and who shall serve for a one-year term.

(new,

1997)

where the rector deems it necessary, a second substitute may also be elected.

4.1

(d) Each incumbent shall, without delay after each election, send to the Secretary of the

Diocese a certificate (or certificates if more than one congregation) according to the

following form, provided that nothing in this subparagraph shall prohibit the use of

electronic certification being used in a form as prescribed by the Secretary of Synod.

(amended, 2004)

NAME OF CONGREGATION

I hereby certify that at the Annual Vestry Meeting of the Congregation of

the following were elected to represent this

Congregation in the Synod of the Diocese of Niagara for the ensuing two-year period.

NAME ADDRESS

SUBSTITUTE

ADDITIONAL LAY REPRESENTATIVE (between ages of 16 & 25) (for one-year term)

SUBSTITUTE LAY REPRESENTATIVE (between ages of 16 & 25) (for one-year term)

Date

Signed

(e) On the receipt of such certificate, the Secretary shall enter the names of the Lay

Representatives on the Synod list prepared by the Secretary. At the foot of this list,

he/she shall indicate any member of the clergy or Lay Representative who have not

the right to vote in the Synod.

(f) If any lay representative (other than a lay representative pursuant to paragraph (b) (ii)

of this section) declines to serve, or at any time resigns his or her seat in the Synod,

or removes from the diocese, the said seat shall be filled by the duly elected

substitute automatically, provided that this paragraph shall not apply to a temporary

absence of a delegate from any Synod other than an Electoral Synod permitting

temporary substitution by an alternate for voting purposes only.

4.1

(g) If any substitute lay representative declines to serve when a vacancy occurs, dies,

resigns that seat, moves from the Diocese or has ceased to habitually attend public

worship and be a contributor towards the support of the parish by which they were

elected at the time a vacancy occurred which would entitle them to sit as a lay

representative, the Vestry at its next annual meeting, or special canonically called

Vestry Meeting, shall elect a lay representative to serve the balance of the unexpired

term of the Representative.

(h) If at any time a congregation is entitled to have representatives for whom there has

been no substitute lay representatives elected, the congregation at its next annual

meeting may elect a lay representative to serve until the next regular Vestry Meeting

at which an election would normally take place.

Note 1: The following form of declaration shall be signed at each vestry meeting in a book kept for

this purpose.

DIOCESE OF NIAGARA

Parish of

Congregation of

"I do solemnly declare that I am a baptised Christian of the full age of 16 years, who for at least six

months preceding the holding of this Vestry meeting, has been identifiably involved with this

congregation, through worship, fellowship, and financial support. Further, I declare that I have not

voted as a member of any other Vestry within the said six months."

18. Notwithstanding the provisions of this canon, the Bishop and Synod Council may enact

regulations relating to the conduct of vestry meetings as may be necessary from time to time.

CANON 4.2

Parish Councils

4.2

1. At the Annual Meeting of the Vestry of each congregation of the Diocese, a Committee shall

be constituted to be known as the Parish Council, and composed of:

(1) The Rector or Incumbent

(2) The Churchwardens, and Deputy Churchwardens, if any

(3) The Lay Representatives to the Synod and the substitute Lay Representatives

(4) Such other members of the Congregation as may be elected at the Annual

Vestry Meeting, not less than two in number and

(5) Such members of the Vestry as may be appointed by the Rector or Incumbent

not to exceed the number elected under (4) above

(amended,

1980)

2. The Parish Council should hold regular meetings, at least quarterly, and its functions should

be to consider whether and to what extent the Church in the Parish or Mission is fulfilling its

purpose among its own members, in the community at large and as part of the Church as a

whole, and to recommend such steps as will further these ends, the following being

particularly recommended:

(a) To consult with, advise and assist the Rector or Incumbent and

Churchwardens and to co-ordinate the activities of the various local Church

organizations.

(b) To assist the Churchwardens in securing the funds required for the purposes

of the Church.

Church property.

(d) To assist the Rector or Incumbent and Churchwardens in informing the

Congregation fully of the plans, activities and needs of the whole Church.

(e) To assist the Churchwardens in preparing for the Annual Vestry Meeting

estimates of receipts and expenditures for the coming year.

(f) To assist in organizing the Congregation for visiting the sick and poor, calling

on newcomers, making surveys and canvasses and promoting generally the

welfare and progress of the Congregation and the Church at large.

CANON 4.3

Differences Between Clergy and Parishioners

4.3

1. Whenever it has been represented to the Bishop, that any Parish is suffering through the

inability of the Incumbent through age, infirmity or any other cause, or from neglect by the

Incumbent to discharge his or her duties, or that a controversy has arisen between the

Incumbent and any members of the congregation, which cannot be settled by the parties

themselves or that in any respect the condition of the Parish is such as to injure its peace

and prosperity, the Bishop may at the Bishop's discretion notify the said Incumbent of such

representation and that such representation will be referred to a Board of Enquiry to be

appointed and to act in the manner hereinafter provided.

2. The said Board shall be appointed by the Bishop and shall consist of two clergy in Priest's

orders and two laity (one of whom shall be either the Chancellor of the Diocese or some

other member of the Synod, being a barrister of at least ten years' standing, and who shall be

the Chair of the Board).

3. The Board shall meet at such time and place within the Diocese as the Bishop may decide

and due notice of such meeting and the names of the members of the Board shall be given

by the Bishop to the Incumbent, the Churchwardens, Lay Delegates and other parties of the

Parish in question interested.

4. After the first meeting of the Board, all notices shall be given by the Chair, and the Board

shall have power to suspend its proceedings and to adjourn from time to time and from place

to place as it may deem necessary.

5. The Incumbent respecting whom the representation is made, may answer the same, either

orally or in writing, and may appear in person or be represented and heard by a

communicant of the Anglican Church of Canada, and shall have the right to produce such

pertinent evidence as may be desired; and other parties in the parish concerned shall have

like privilege and the Board may call for such evidence as it may deem necessary.

6. If after due notification to both parties, either party fails to appear or to answer the

representation, the Board shall proceed ex parte.

7. The Board shall take written notes of the evidence produced and at the close of

investigation, the Chair shall transmit the same to the Bishop, together with the Board's

recommendation and a minute of the proceedings.

8. The proceedings and the recommendation of the Board shall be subject to the Bishop's

approval; and in case of the Bishop confirming the same, the Bishop shall without delay

notify the Synod Council, the Incumbent interested, and Churchwardens and Lay Delegates

of the Parish, by furnishing them with copies of the said recommendation and confirmation.

4.3

9. Whenever such recommendation so confirmed by the Bishop requires the retirement of the

said Incumbent, the Incumbent shall, unless there is resignation within six weeks from the

date of receiving the last mentioned notice, be removed by the charge, which shall thereupon

be and be held to be vacant and the Cleric shall no longer be competent to perform the

duties nor be entitled to any of the rights, privileges or emoluments thereof.

10. Provided always that in case of inefficiency through age or infirmity, the right of the

Incumbent to any entitled annuity or retiring allowance, shall not be affected by anything

herein contained.

11. This Canon shall not apply to any case arising out of or involving a question of doctrine,

practice or ritual, and shall not be construed so as to conflict with any rights and privileges of

the Clergy under a Canon on Discipline.

CANON 4.4

Duties of Incumbent and Churchwardens in Respect to Rectories

4.4

1. Where there is more than one congregation in a Parish, it shall be the duty of each to bear its

proper share in the repairs and maintenance of the Rectory property.

2. The family of a deceased Incumbent shall be allowed to occupy the Rectory for three months

from the date of the Incumbent's decease.

CANON 4.5

Parishes: Their Establishment, Amalgamation, Disestablishment and Trusteeship

1. Application

4.5

In any proceedings under this Canon, the provisions of Canon 4.7 and the provisions of an

act to simplify the sales of property held in trust for the Church of England in Canada in the

Diocese of Niagara (13-14 George V, Ch. 102) shall not apply.

2. Commission of Investigation

Whenever the word "Commission" is used in this Canon, it shall denote a Commission

appointed by the Bishop, consisting of an Archdeacon and two clerical and two lay members

of Synod, who shall report to the Bishop in writing. Such report, after approval by the Synod

Council by resolution, and by the Bishop under the Bishop's hand and seal, shall be deemed

to be confirmed, and shall be final.

3 Establishment of a new Parish

(1) Whenever a group of persons, not less than seventy-five of whom shall be

communicants of the church, of the full age of sixteen years, residing in the Diocese,

desire the establishment of a new parish, whether they reside

(a) in an existing parish, or,

(b) in a district not belonging to any one parish, or,

they shall present a memorial to the Bishop to that effect, stating their reasons and

the proposed boundaries of such new parish.

(2) On receipt of this memorial the Bishop shall

(a) Refer the matter to the Synod Council for study and report.

(b) On approval of this report by the Bishop, the Bishop shall notify, in writing, the

Incumbent or Incumbents and the Churchwardens of parishes affected, the

particulars of new boundaries. If no objection to the proposal is raised within

one month from the date of such notices, and the Bishop approves of the

proposal and is satisfied that all applicable provisions of statutory legislation

have been complied with, and that proper and sufficient means have been or

will be provided for the maintenance of work in such new parish, the Bishop

may proceed with the establishment of the parish.

(3) If any of the parties notified as aforesaid objects to the proposed new parish, the

party or parties shall, within the required time, state to the Bishop, in writing, the

grounds of objection. The Bishop may thereupon refuse the prayer of the memorial,

or the Bishop may appoint a Commission which shall confer with the Incumbent or

Incumbents of the parish or parishes affected, and consider the objections made.

The Commission shall then report its findings to the Bishop, and if such report is

favourable to the establishment of the parish and is confirmed, the Bishop may

proceed to the establishment thereof.

4.5

4. Amalgamation of Parishes

(1) Whenever the Bishop shall consider it advisable to amalgamate or merge two or

more existing parishes or congregations, and the Synod Council has expressed its

approval by resolution, the Bishop shall seek voluntary consent to such

amalgamation or merger by a conference of the Incumbent and Churchwardens of

such parishes or congregations.

(2) The Incumbents and Churchwardens of any adjoining parishes may confer regarding

the boundaries which they have in common, and may memorialize the Bishop

regarding any adjustment of such boundaries which they consider advisable. This

shall be referred to the Synod Council for study and report, and if the report is

approved by the Synod Council, the Bishop may proceed to effect such adjustment by

declaration.

(3) In any one of the following cases, namely:

(a) where a diversity of opinion may prevent the action set forth in the two

previous sub-sections;

(b) where the Bishop shall consider that the interest of the Diocese require it;

of the members of the Vestry or Vestries of a Parish or of contiguous

Parishes; or

(d) where a memorial shall have been presented to the Bishop by the clergy of

the region in which the parishes or congregations are situated,

(i) the Bishop may give three months' notice to the Incumbents and

Churchwardens that the Bishop will at the end of that time proceed to

make arrangements as aforesaid. If within three months no objection be

offered by the Incumbents and Churchwardens, then the Bishop shall

proceed to separate the said portion or portions from the Parish or

Parishes, and to make a new Parish thereof. If within the said three

months a written objection to the proposed action of the Bishop be made

to the Executive Officer of the Diocese, then the Synod Council shall, at

its next Session, consider the said objection and give its opinion on it by

vote, and, if the appeal be rejected, the Bishop shall proceed to make the

said arrangement. The same course may be pursued in cases relating to

the defining and rearranging of the boundaries of Parishes.

(ii) Alternatively, at the sole option of the Bishop, if a voluntary agreement

cannot be reached, a Commission may be appointed to consider the

objections of those opposed to the amalgamation or merger, and any

other matters pertinent thereto, and to report to the Bishop. If such

report is in favour of the proposed amalgamation or merger and has

been confirmed, the Bishop may proceed to carry it into effect by

disestablishing any one or more of the parishes or congregations and by

erecting a new parish or parishes and/or congregations and/or by

allotting the territory to one or more parishes or congregations. If the

4.5

report of the Commission is unfavourable, further action shall be

deferred for a period of not less than one year, from the date of such

report.

(4) If a Parish thus formed or re-defined, consists of more than one congregation, and the

distribution of the financial obligations to be borne by each cannot be agreed upon by the

congregations themselves, the Bishop shall appoint a Commission to consider the matter.

Their report, after confirmation, shall be carried into effect, but the matter may be

reconsidered at the end of each three year period, if requested by the Churchwardens of any

one of the congregations concerned.

(5) Where two or more existing parishes or congregations are merged under the provisions of

this Canon, all assets and liabilities, including real property and trusts of the merged

parishes and of the congregations involved, shall be amalgamated and merged into the new

amalgamated parish which shall be named by the Bishop. All appointments of clergy or laity

of the merged parishes or congregations, including the Incumbents, assistants in ministry,

Churchwardens and other lay parish officials, shall terminate as of the date of the approval

by the Bishop and the Synod Council of the merger, but the Bishop may in the Bishop’s

discretion continue any clerical or lay appointments on such terms as the Bishop deems fit,

or make other appointments.

5. Disestablishment of a Parish or Congregation

(1) The Vestry of any parish now or hereafter established may, by a resolution adopted by at

least a sixty-six percent majority of those present at a special meeting thereof called for

the purpose of considering the matter, (notice thereof being given by the cleric or

Churchwardens during Divine Service on the two Sundays next preceding such Vestry

meeting) resolve that it is expedient, for reason to be stated in the resolution, that the

parish should be disestablished. Upon the said resolution being approved by the Bishop

in writing under the Bishop’s hand and seal, the Bishop shall thereupon disestablish the

parish.

(2) (a) If the Bishop deems it advisable that any parish now or hereafter established

in the Diocese should be disestablished, the Bishop shall, with the approval of

the Synod Council, confer with the Incumbent and Churchwardens of such

parish with a view to bringing about a voluntary disestablishment under the

preceding subsection.

(b) If voluntary disestablishment cannot be so arranged, the Bishop shall appoint

a Commission to investigate and report on the advisability, or otherwise, of

the proposed disestablishment. If its report recommends disestablishment,

and is confirmed by the Synod Council, the Bishop may thereupon, declare in

writing under the Bishop’s hand and seal that the said parish is

disestablished. If, however, the report be unfavourable to disestablishment,

no further action shall be taken, and all interested authorities shall be

notified to such effect.

4.5

(3) Provided that before disestablishing a parish the Bishop shall require to be submitted to the

Bishop a financial statement of the assets and liabilities of such parish. If the liabilities are

found to be greater than the assets, the Bishop shall submit the statement to the Synod

Council which shall take such action as seems necessary under the circumstances.

(4) On disestablishment, the registers and other books, records and documents of the parish

shall be surrendered forthwith to the Registrar of the Diocese.

(5) On disestablishment, the capital assets of the parish, of every nature or kind, and the place

or places of worship therein shall be conveyed forthwith to and be in the control of the Synod

as trustee.

(6) The Churchwardens of such disestablished parish shall continue in office for the purpose of

winding-up only and shall, within a period of not more than three months after the

declaration of disestablishment has been issued, discharge all current financial liabilities so

far as the current assets at their disposal will allow, and shall then hand over to the Synod

any balance remaining in their possession, together with an audited statement of receipts

and disbursements of the said parish since the end of the last financial year.

In the event that the Churchwardens of such disestablished parish fail to transfer assets to

the Synod, the Synod Council may by resolution remove Churchwardens of such

disestablished parish and appoint others in their place for the purpose of the transfer of

assets pursuant to this section, and in such event the provisions of Canon 4.1 shall not

apply. (amended 1995)

(7) Any assets or property real or personal resulting from such disestablishment may be dealt

with by the Synod Council, and without limiting the generality of the foregoing, the Synod

Council may sell, lease or otherwise dispose of any of the real or personal property, but apart

from any necessary expenses of the disestablished parish or congregation, the proceeds of

such property shall be held for a period of twelve months from the date on which the Bishop

issued the Bishop's declaration and dealt with as provided in this Canon. Where

disestablishment occurs as part of an amalgamation or merger of parishes or congregations,

the proceeds of any such property may be used for the purposes of the amalgamated or

merged parish or congregation with the approval of the Synod Council.

(amended

1995)

(8) If within the said period, a petition is presented to the Bishop by seventy-five members of the

last vestry of the disestablished parish, expressing their desire to form a new parish

elsewhere,

to be known by the name of the disestablished parish, the Bishop may proceed to establish

such new parish in the manner hereinbefore provided. (amended 1994)

(9) If no such new parish be established within six months after the disestablishment has been

declared, the said assets shall be dealt with and disposed of by and under a Commission,

and the award of such Commission, when confirmed, shall be binding on all parties. Such

commission is to be appointed by the Bishop and the award of such commission shall be

confirmed by the Bishop with the approval of the Synod Council. (amended

1994)

4.5

(10) A Congregation within a parish may be disestablished and the other provisions of this Section

5 shall apply mutatis mutandis, except that the territory and any assets shall be allotted at

the discretion of the Bishop, after consultation with the Synod Council.

6. Adjustment of Boundaries (where applicable)

(1) The Bishop may direct the Synod Council to report on the boundaries of any and all parishes

or districts in the Diocese, whenever the Bishop and the Synod Council consider it necessary.

If the report of the Synod Council is confirmed by the Bishop, the Bishop may proceed to

effect such adjustment by declaration.

(2) Any recommendation regarding the allocation of the territory formerly occupied by a

disestablished parish shall be reported to the Bishop. If the report of the Synod Council is

confirmed by the Synod Council, the Bishop may proceed to effect such allocation by

declaration.

7. Diocesan Administration of Parishes

(1) Where it appears that it would be in the best interests of any parish or organization existing

under the authority of the Diocese of Niagara, because of:

(a) a request by the parish or organization involved, either in the form of a vestry

resolution or request in writing from the incumbent and churchwardens, or

(b) a recommendation of a Bishop’s Commission, or

should be appointed to carry on the function of receiver and manager of the affairs of

such parish or other organization, the Synod Council being satisfied that no other

reasonable action is available it may by resolution, with the approval of the Bishop,

appoint an administrator to act as trustee, receiver and manager of any parish or

other organization existing under the authority of the Incorporated Synod of the

Diocese of Niagara or the Synod Council, for a period, and a copy of such resolution

certified by the Executive Officer of the Diocese under the seal of the Diocese shall

be evidence for all purposes of such appointment.

(2) From the date of his/her appointment, the administrator shall conduct all the financial affairs

of the parish or other organization, and without limitation of the foregoing shall have power to

dismiss existing employees and to hire new employees and to receive and disburse funds of

the parish or other organization. For the purpose of this Canon the Incumbent is not an

employee.

(3) The administrator shall make a monthly report to the Synod Council and to the Bishop and

the Financial Advisory Committee and within thirty days of the end of the administration shall

make a final report to the Synod Council, outlining the actions that have been taken and

making recommendations as to the future of the parish or organization which may include,

but are not limited to, the winding up of the affairs of the parish, or other organization,

disestablishment of the parish, dismissal or employment of staff, financial and budgeting

advice, limitation of expenditures, and such other steps as he/she considers advisable and

the Synod Council on receipt of the report may take whatever steps it deems necessary

including the reappointment of the administrator for a further period with the same powers

as set out herein or as may be included in the resolution of reappointment.

(4) The administrator may be appointed for any period not exceeding one year and may be

reappointed for successive periods, none of which shall exceed one year; provided that the

Synod Council may terminate any such appointment or alter the period of such appointment

or reduce the term thereof.

(5) The administrator may engage auditors, accountants, assistants or managers with the

approval of the Synod Council, and any expenses so incurred will be charged to the parish or

other organization.

(6) The Synod Council may appoint persons to assist the administrator in the performance of his

or her duties.

(7) All banking arrangements and financial powers of the parish or other organization shall be

suspended during the period of the administration, and particularly the rights and powers of

the incumbent and churchwardens and any Committees or persons engaged by them shall

also be suspended insofar as those powers relate to the financial affairs of the parish or

other organization.

(8) Any question of interpretation shall be resolved by the Synod Council whose decision shall be

final, and any question involving religious services shall be referred to the Bishop whose

decision shall be final.

(9) The administrator shall keep separate books of account and records for the period of the

administration and shall submit a financial statement as part of the final report to the Synod

Council.

(10) The powers of the administrator shall be those powers set out in this Canon and/or as may

be specified by the resolution of the Synod Council by which the administrator is appointed,

and where there is any conflict with any other canon, the provisions of this Canon and/or of

the resolution shall prevail during the period of administration.

(11) If there is a meeting of Synod during the period of the administration the decision by the

Synod Council may be revoked by Synod, in which case the appointment of the administrator

shall thereupon be null and void and the administrator shall return all assets to the parish or

other organization within thirty days following the resolution of Synod.

(12) If at any time during the period of administration the Synod Council is satisfied that the

parish or other organization is no longer in need of an administrator or should other

procedures or proceedings be implemented, the administrator shall be recalled by the Synod

Council.

4.5

(13) Any administrator appointed under this Canon, his or her heirs, executors and administrators

and estate and effects, shall from time to time and at all times, be indemnified and saved

harmless out of the funds of the Incorporated Synod of the Diocese of Niagara from and

against:

(a) all costs, charges and expenses whatsoever which such administrator

sustains or incurs in or about any action, suit or proceeding which is brought,

commenced or prosecuted against him or her for or in respect of any act,

deed, matter or thing whatsoever made, done or permitted by him/her in or

about the execution of the duties of the office of administrator; and

(b) all other costs, charges and expenses which he or she sustains or incurs in or

about or in relation to the affairs thereof, except such costs, charges or

expenses as are occasioned by his or her own willful neglect or default.

(14) The Synod Council shall report on any acts of administration the next following regular

meeting of Synod.

(15) Any person who is a member at the time the action is taken, of a parish or organization

existing under the authority of the Diocese of Niagara, or of the Diocese, and who is affected

by the appointment of an administrator pursuant to this Canon may appeal the decision to

the Synod Council by letter addressed to the Executive Officer and delivered to him/her

within fifteen days of the date of appointment. Upon receipt of such notice the Executive

Officer shall place the matter on the agenda of the next meeting of the Synod Council at

which time the question of the appointment will be reheard with all persons interested

having an opportunity to attend and

make representations. The decision of the Synod Council on a rehearing shall be final apart

from the provisions of paragraph 9 of this Canon. (new

replacement, 1987)

As directed by the 1987 Synod, a Policy Statement concerning Canon 4.5 is on file at the Diocesan

Office.

CANON 4.6

On Erection or Alteration of Church Buildings

4.6

No church building shall be erected or altered, and no new work commenced on any real estate

belonging to or held by the parish church or diocese without the written permission of the Diocesan

Bishop. Municipal building permits should not be applied for until this permission is received.

Specific regulations related to procedures for approval of parish building projects and financing shall

be set by the Bishop and Synod Council in consultation with those named in the regulations. It shall

be the duty of the Incumbent and Church Wardens to seek out, review and comply with current

regulations governing the erection or alteration of church buildings, as well as complying with

conditions contained within the Bishop's approval.

Any memorial gifts or donations of a permanent nature that affect the fixtures or fittings, fabric or

structure of the church are considered to be alterations and will be subject to this Canon.

(amended,

2012)

CANON 4.7

As to Purchasing, Selling or Mortgaging Church Property

1. In this canon, “property” is understood to mean land and/or premises.

4.7

2. Property shall not be purchased, sold, mortgaged, leased or otherwise encumbered except in

accordance with the provisions of this Canon and Canon 4.1.

3. Where any conflict exists between the provisions of this canon and legislation of the Province

of Ontario, the provisions of such provincial legislation shall apply.

4. Where a parish intends to sell, purchase, mortgage or encumber property, it shall, prior to

taking any other steps under this Canon, consult with the Bishop and Secretary of Synod.

Sale of Property

5. No property or premises shall be sold within the Diocese unless the Vestry of the parish

affected by such sale authorizes, by a two-thirds majority at a special Vestry meeting called

for such purpose, the corporation to place the property on the market at a specified asking

price and accept an offer on conditions as set out in this Canon.

6. No sale agreements shall be effective that are not conditional on subsequent approval of the

Vestry affected, the Bishop of the Diocese, and the Synod of the Diocese.

7. No sale shall be effective unless subsequent approval of a specific offer to purchase

property, such offer to set out the property purchaser, purchase price, closing date, terms of

payment, plus any other details the rector and wardens set out, is given by the Vestry of the

parish affected by a simple majority at a second special Vestry meeting.

8. Provided that sections 5 through 7 of this Canon are completed, the Bishop and Synod shall

be requested to give consent to such sale.

9. The proceeds realised from the sale of property shall be paid to the Synod to be held and

invested by the Synod under the same trusts, uses, endowments or purposes as those for

which the said property were acquired.

Purchase of Property by Parish

10. No offers to purchase property by a parish shall be effective that are not conditional upon the

approval of the Vestry affected, the Bishop, and the Synod of the Diocese.

11. Provided that an offer to purchase property by a parish is accepted by a vendor in

accordance with the provisions of section 10 above, the Vestry of such parish shall evidence

its consent to

4.7

such offer by a two-thirds majority vote at a special vestry meeting called for such purpose.

All terms of the offer must be disclosed to Vestry. Should the Vestry not provide its approval,

the offer shall be deemed null and void.

12. Provided that sections 10 and 11 of this Canon are completed, the Bishop and Synod shall

be requested to give consent to such purchase.

Purchase of Property by the Synod

13. Where the Synod intends to acquire property, it shall, prior to making any offer to purchase,

consult with any parish with an interest in the ministry to be provided there.

14. No offers to purchase property by the Synod shall be effective that are not conditional upon

the approval of Synod and the Bishop.

15. Provided that an offer to purchase property by the Synod is accepted by a vendor in

accordance with the provisions of section 14 above, the Synod shall be requested to give its

approval to such offer. All terms of the offer must be disclosed to Synod. Should Synod not

provide its approval, the offer shall be deemed null and void.

16. Provided that sections 13 through 15 of this Canon are completed, the Bishop and Secretary

of Synod are authorized to sign all purchase documentation connected with such acquisition.

Mortgage of Property by a Parish

17. No agreements to mortgage property by a parish shall be effective that are not conditional

upon the approval of the Vestry affected, the Bishop and Treasurer, and the Synod of the

Diocese.

18. Provided that where a parish intends to mortgage property or where a line of credit is to be

registered against parish property, the Vestry of such parish shall evidence its consent to

such agreement by a two-thirds majority vote at a special vestry meeting called for such

purpose. All terms of the agreement must be disclosed to Vestry. Should the Vestry not

provide its approval, the agreement shall be deemed null and void.

19. Provided that sections 17 and 18 of this Canon are completed, the Bishop and Synod shall

be requested to give consent to such mortgage.

Leases and Other Encumbrances

20. No parish in the Diocese shall grant a right of way, an easement for utility or other purposes,

enter a heritage designation agreement, establish a cemetery, scattering garden or

columbarium enter into a development agreement, apply for a demolition permit, or grant a

restrictive covenant without consent of the Vestry by a two-thirds majority vote at a meeting

called for that purpose, and approval by the Bishop and Synod. (amended, 2015)

4.7

21. Provided that Vestry approval has been given in accordance with section 20 of this Canon,

the Bishop and Synod shall be requested to give consent to such other encumbrance.

22. Where a parish intends to offer a lease of property for a term in excess of three years,

inclusive of all renewals, consent is required by the Vestry affected, the Bishop, and the

Synod of the Diocese.

23. Leases and licensing agreements for terms of three years or less, inclusive of all renewals,

may be approved by parishes and Synod in accordance with regulations, policies, and

guidelines as established from time to time by Synod.

24. Nothing in this Canon shall be deemed to prohibit a parish to offer a lease or license for

property for a term less than three years, provided that before such offer, the Vestry of the

parish affected authorizes, by a majority vote at a meeting called for such purpose, the rector

and wardens to execute all documentation necessary therein.

(replaced,

2002)

CANON 4.8

Cemeteries

4.8

1. Every parish of the Diocese with a cemetery, scattering garden or columbarium (hereafter

referred to in this Canon as a cemetery) adjacent to or affiliated with such parish shall have a

Cemetery Board, referred to in this Canon as “the Board”.

2. Synod Council shall serve as the Board for any cemetery adjacent to or affiliated with a

parish that has been disestablished, where such cemetery has not been conveyed to a third

party.

3. The Board (save and except for a Board serving pursuant to section 2 of this Canon) shall be

elected annually at the vestry meeting of any parish to which this Canon applies.

4. Should any parish to which this Canon applies fail to elect a Board, then the Corporation of

such parish shall serve as the Board.

5. Synod Council may approve policies and guidelines for the operation of cemeteries that are

subject to the provisions of this Canon.

6. The Board shall administer the cemetery in accordance with provincial legislation pertaining

to cemeteries, any regulations promulgated in accordance with said legislation, this Canon

and any guidelines and policies approved by Synod Council concerning the operations of

cemeteries.

7. In any conflict in interpretation between the provisions of this Canon, any and guidelines

approved by Synod Council concerning the operations of cemeteries, and provincial

legislation, the provisions of the legislation shall prevail.

(new,

2015)

CANON 4.9

Diocesan Missions

1. Where it appears that a particular geographical area or an area of special mission work or

interest should be designated as a Diocesan Mission, as a result of:

(a) a request by a parish, an organization, or an unincorporated area of work or interest,

either in the form of a resolution or a request in writing, or

(b) a recommendation by a Bishop’s Commission, or

the Bishop, with the approval of the Synod Council, may so designate.

4.9

2. Upon the designation of a Diocesan Mission, the Bishop shall appoint:

a) a cleric or lay person to serve as missioner, who shall be licensed by the Bishop to oversee

the Diocesan Mission; and

b) a chair of the Board appointed under s. 3 of this Canon, who shall serve at the Bishop’s

pleasure.

3. Every Diocesan Mission shall be supported by an Advisory Board established to advise the

missioner. The composition of the Board shall be determined by the Synod Council, which shall

appoint a maximum of eight members, clergy and laity. In addition, the Bishop shall appoint an

archdeacon to serve as a member of the Advisory Board. The Synod Council shall appoint signing

officers for the Diocesan Mission which shall include the missioner. The Advisory Board shall

provide a written report to the Synod Council on the activities of the Diocesan Mission at least

once every two years.

4. The Advisory Board of any newly designated Diocesan Mission shall work with the Bishop and the

missioner to develop an inaugural mission action plan, establishing a missional mandate,

ministry goals and benchmarks, and a budget. This plan shall be presented to the Synod Council

for review within six months of the designation as a Diocesan Mission. Upon approval of the

Bishop, the plan shall be implemented by the missioner.

5. Every missioner, duly licensed, shall be a member of Synod, by virtue of Canon 1.1(1)(3).

Diocesan Missions shall not be entitled to elect lay representatives to Synod.

6. Diocesan Missions are encouraged to make a voluntary financial contribution towards the

Diocese but shall not be subject to diocesan assessments.

7. Where a Parish is disestablished, the Bishop may, with the approval of the Synod Council,

designate the former parish’s particular geographical area or area of special mission work or

interest as a Diocesan Mission in accordance with the provisions of this Canon.

8. Where a Diocesan Mission desires to be established as a parish, the missioner, with the support

of the Advisory Board, shall make a request to the Bishop to that effect, in accordance with the

provisions of Canon 4.5(3), and propose a mission action plan and budget.

4.9

9. The designation of a Diocesan Mission may be revoked at any time by the Bishop. Upon

revocation, the capital assets of the mission, of every nature or kind, shall be conveyed forthwith

to and be in the control of the Synod as trustee.

10. In the event of any conflict between this and any other Canon, the provisions of this Canon shall

apply.

(new,

2019)

Acts of the Province of Ontario incorporating the Sy

nod

of the Diocese of Niagara, and Amendments Th

ereto

(39 Vic. Chap. 107)

An Act to Incorporate the Synod of the Diocese of Niagara

(Assented to 10th February, 1876)

Preamble. WHEREAS the Synod of the Church of England, of the Diocese of Niagara,

have petitioned for an Act for the Incorporation of the said Synod, and

whereas it will greatly facilitate the objects for which the said Synod was

established to grant the prayer of the said petitioners;

Therefore Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:--

Incorporation

The Synod of the Church of England, of the Diocese of Niagara,

tbe, and the same is, hereby incorporated by the name of "The Synod

of the Diocese of Niagara."

Synod, of

The said Incorporated Synod shall consist of the Bishop of the

whom composed

said Diocese, who shall be the head of the Synod, and any

suffragan or coadjutor bishop thereof, the priests and deacons of the

same, licensed by the bishop or suffragan, and the lay delegates or

representatives elected, or to be elected according to the constitution

of the said Synod, as the same exists, at the time of this Act, or as it

may from time to time be altered by the said Synod.

(N.B.--Section 2 was amended by 55 Vic., Cap. 106, Sec. 1, and as so

amended was repealed by 61 Vic., Cap. 72, Sec. 5, and new section

substituted. See Page 9.)

Property

held for

All property of what nature or kind soever now held by the Synod

of the Diocese of Toronto, or by the Lord Bishop of Toronto, or

Church

purposes may be

which may hereafter be acquired by the said Synod or by any

person, or corporation, and of right belonging, or which may

conveyed

hereafter belong to the Diocese of Niagara, may by such person

to the Synod.

or corporation, be conveyed to the Synod of the said Diocese, and

thenceforth the said Synod shall perform the trusts relating thereto, if

any there be, and the person or corporation so conveying such

property, shall be discharged from such trusts.

(N.B.--See 61 Vict., C. 72, S. 7.)

To be held

on certain

All lands, moneys, mortgages and securities, which, under the

authority of this Act, shall be vested in the Incorporated Synod of

trusts.

the Diocese of Niagara, shall by the said Incorporated Synod be held

upon, to and for the uses, trusts, interests and purposes for which the

same was heretofore held by the person or corporation holding the

same; and the said Incorporated Synod may sell and dispose

absolutely of any such lands, mortgages and securities, as in this Act

mentioned, or any other lands, mortgages and securities, which shall,

after the passing of this Act, be received, held or acquired by the said

Incorporated Synod, and shall have and hold the proceeds of such

lands, mortgages and securities upon the same trust, as the said

lands, mortgages and securities had been before held, and no

purchaser shall be liable for the application of any moneys paid by

him, on any sale under the provisions of this Act.

Powers of

The said Synod shall have all the powers, rights, privileges and

Synod.

franchises conferred upon Synods under the Act passed in the

session held in the nineteenth and twentieth years of Her Majesty's

reign, intituled, "An Act to enable Members of the United Church of

England and Ireland to meet in Synod," as well as those conferred

upon the late Incorporated Church Society, by the several Acts of the

Legislature of the Provinces of Upper Canada and of Canada, relating

to the said Church Society, and to enforce all rights and claims which

either said Synod or Society could enforce against any person or

persons whatsoever, body or bodies, corporate, or otherwise

howsoever.

Powers to

The said Synod shall have full power and authority to make such

make

canons, rules, regulations and by-laws, and from time to time, as

canons,

by-laws, etc.

necessity may require, to alter and amend the same, as by the said

Synod may be considered necessary in the exercise of the powers

conferred upon said Synod under the said Acts, or any of them, and

also for the conduct of their proceedings, regulations of their

members, and all such other matters as may pertain to the proper

and orderly discharge of their business; and also, notwithstanding

anything contained in an Act of the Parliament of the Province of

Upper Canada, passed in the third year of the reign of her Majesty

Queen Victoria, chaptered seventy-four, and known as the "Church

Temporalities Act," or in an Act of the Parliament of the Province of

Canada, passed in the session held in the twenty-ninth and thirtieth

years of the reign of Her said Majesty, chaptered fifteen, and known

as "The Church Temporalities Amendment Act," the said Synod shall

have full power and authority to make rules, regulations and by-laws,

for the management of all the affairs of the said Diocese of Niagara.

Power to

And it is hereby enacted, that the Incumbent and

hold land.

churchwardens appointed under the rules and regulations of the said

Synod, may hold such real estate as may be given, granted or devised

to them for the use of their Church, as a site for a Church or

parsonage or schoolhouse, and may from time to time, with the

approval of their vestry signify by a resolution passed at a meeting of

such vestry, specially called for that purpose, mortgage such real

estate for the purpose of raising money to be expended in the

erection thereon of a church, a parsonage or a schoolhouse, as the

case may be: Provided, however, that such resolution be confirmed

at a vestry meeting called not less than a fortnight after such meeting

of vestry specially summoned to consider such resolution.

Boards, and

Committees

The said Synod may exercise all its powers by and through

such boards or committees as the said Synod may from time to

of Synod.

time appoint by by-law or by-laws, for the management of all or any of

the affairs or property of the said Synod.

Appointment

The said Synod may appoint and remove all such officers as

and removal

of Officers.

may be found necessary for the management of the affairs and

business of the said Synod, and provide for their

remuneration, and may remove the same and appoint others in their

stead.

Investment

10.

The said Synod shall invest all or any of the funds intrusted to

of Funds.

its care, including those derived from the sale of Rectory lands, only

in Government securities, or municipal debentures, with power to vary

any such investments from time to time, for others of like nature but

nothing in this Act contained shall be construed to give the said

Incorporated Synod power or authority to apply the income derived

from any such investments, otherwise than in strict accordance with

the special trusts relating to such funds respectively.

(N.B.--This section was repealed by 54 Vic., Cap. 100, Sec. 1, and a

new section substituted.)

iii

(54 Vic. Chap. 100)

An Act to Amend the Act Incorporating the Synod of

the Diocese of Niagara

(Assented to 4th May, 1891)

Preamble. WHEREAS the Synod of the Diocese of Niagara has by its petition prayed that

an Act may be passed to amend in certain respects the Act passed in the

39th year of Her Majesty's reign and chaptered 107, incorporating the said

Synod; and whereas it is expedient to grant the prayer of the said petition;

Therefore Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

39 V.,c.107, s.10,

repealed

Section 10 of the "Act to incorporate the Synod of the Diocese of

Niagara" is repealed and the following substituted therefor:

Investment

All the funds belonging to the Synod or entrusted to its care,

of funds of

Synod.

including those derived from the sale of Rectory lands shall be

invested only in government securities or in municipal debentures or

mortgages forming the first charge upon real estate in Ontario, or

upon such other securities as trustees are or shall be authorized to

invest trust funds by any Act of the Province of Ontario or upon such

other securities as are now or shall hereafter be recognized by the

High Court of Justice of the Province of Ontario, or any division

Proviso.

thereof, as proper for the investment of trust funds by trustees, with

power to alter and vary such investments from time to time by

substituting others of a like nature; provided that nothing in this Act

contained shall be construed to give the said Synod power or

authority to apply the income derived from any such investments

otherwise than in strict accordance with the special trusts relating to

such funds respectively.

Consolidation

of trust

It shall be lawful for the Synod of the Diocese of Niagara to

declare and enact by by-law, that all personal property,

funds of

Synod.

securities and moneys now, or which may hereafter become

vested in or held by the said Synod in trust shall be held, managed

and invested as one general trust fund, and to make such lawful

investments of the same in such sums, and at such rates of interest

as the said Synod may from time to time determine; but nothing

herein contained shall authorize the said Synod to alter the trusts

upon which the said personal property, securities or moneys are now

vested in or held by the said Synod, except as heretofore authorized

so to do.

Separate

Separate and distinct accounts of each and every such trust

account of

each trust

property, securities or moneys, showing the capital of the same,

shall be kept by the said Synod and the interest and profits

to be kept.

received or accruing from the several investments so made of the

whole of the said general trust fund shall be divided among the

several trust funds as aforesaid pro rata equally in the proportion

borne by each separate trust fund to the whole general trust fund

after deducting from such receipts the expenses of management,

investment and administration, and the payment of such pro rata

sum shall be a full discharge of the said Synod in respect of the said

trust.

Mode of

The said Synod may exercise the powers hereby conferred (other

exercising

powers

than the making of by-laws) by and through such boards or

committees as the said Synod may from time to time appoint.

conferred

by Act.

Lands

Any real estate which may be granted or devised to the incumbent

divised or

granted to

and churchwardens appointed under the rules and regulations of

Synod, under section 7 of the said Act, may be conveyed to the

incumbent

and church-

incumbent and churchwardens as a corporation with perpetual

succession in the name of "the incumbent and churchwardens of

wardens,

the Church of ....................................... in the parish of

now held.

.......................................in the Diocese of Niagara":

said corporation shall and may sue and be sued and sue and be

answered unto in all manner of suits, actions or proceedings

whatsoever for and in respect of such real estate, and shall have all

the powers, and shall be subject to the provisions declared and set

forth in the said section.

(55 Vic. Chap. 106)

An Act to amend the Act incorporating the Synod of the

Diocese of Niagara and to authorize the

Sale of Certain Lands

(Assented to 14th April, 1892)

39 V., c. 107,

s.2,

Subject to the provisions of section 3 of this Act section 2 of the

Act passed in the 39th year of Her Majesty's reign, chaptered

amended.

107, intituled "An Act to incorporate the Synod of the Diocese of

Niagara," is amended, by adding thereto after the word "suffragan" in

the fourth line thereof the following words, viz., "and any disabled or

superannuated clergymen of the Diocese in good standing, and under

the jurisdiction of the Bishop of the Diocese, or deriving any income

from the funds of the Diocese, or who has held a license in the said

Diocese and has not left the said Diocese".

(N.B.--See 61 Vic., C. 72, s. 5.)

Vestries in

churches

Subject to the provisions of section 3 of this Act the said Synod

shall have full power and authority to make by-laws or canons

where seats

are free.

for creating vestries in Churches where the seats are free and

where no pews or seats are let, and for regulating and declaring who

shall be entitled to vote at all vestry meetings for the election of

churchwardens, the appointment of Lay Delegates or representatives

and of other matters upon which it is competent to vote at vestry

meetings, and also to provide for qualification and disqualification for

the office of churchwarden and for the resignation of any

churchwarden or churchwardens, for the appointment or election of a

successor or successors, whenever a vacancy shall occur by

resignation or other cause, and also for declaring and defining the

duties and powers of vestries and of churchwardens both in pewed

and free seated churches and for providing that a pewed church with

the consent of the pewholders may become a free-seated church, or

to enable a free-seated church to be converted into a pewed church

and the churchwarden elected or to be elected by a vestry formed or

to be formed in the manner authorized by this Act shall have all the

estate and power which churchwardens would have if elected under

The Church Temporalities Act, or under any amendment thereof.

V. c. 74,

3. Nothing contained in sections 1 and 2 of this Act shall have

Sections 1

any force or effect unless and until the said sections shall be

and 2 not to

respectively approved of by the Bishop and a majority consisting

apply until

approved

of two-thirds of both Clergy and Laity at a meeting of the Synod

at any session of which notice has been previously given that the

by Synod. question of adoption of said sections 1 and 2 would be submitted for

its approval in the same way that notice of the alteration of any canon

is required to be given by the constitution of the said Synod.

(Note:--By resolutions passed at the session of 1892, sections 1 and

2 were approved. See Journal 1892, page 68.)

vii

(61 Vic. Chap. 72)

An Act Respecting the Synod of the Diocese of Niagara

(Assented to 17th January, 1898)

Power to

acquire and

The Synod of the Diocese of Niagara shall have power to acquire

and hold lands situate within the limits of the said Diocese for a

hold lands for

See House or residence of the Bishop of the said Diocese for the

See House.

time being, and the said Synod may also acquire and hold lands

within the said limits for the actual use of the Synod in the

management of its affairs, and the Synod, with the consent of the

Bishop of the said Diocese for the time being, may from time to time

sell and dispose of the lands referred to in this section or any part

thereof and acquire other lands instead thereof for the same

purpose.

Purchasing

lands sold

The said Synod may purchase any lands or real property offered

for sale under execution or in insolvency or under the order or

for debts

due to

decree of any court, as belonging to any debtor to the Synod or

exposed to sale by the Synod under a power of sale given to it for

Synod.

that purpose in any cases in which under similar circumstances an

individual could so purchase without any restriction as to the value of

lands which it may so purchase, and may acquire a title thereto as

any individual purchasing at a sheriff's sale or under a power of sale

in like circumstances could do, and may take, have, hold and dispose

of the same at pleasure.

Acquiring

absolute title

The said Synod may acquire and hold an absolute title in or to

lands mortgaged to it as security for a debt due or owing to it,

to lands

mortgaged

either by obtaining a release of the equity of redemption in the

mortgaged property or by procuring a foreclosure or by other

to Synod

means whereby as between individuals an equity of redemption can

by law be barred and may purchase and acquire any prior mortgage

or charge on the said lands, provided always that the said Synod shall

sell any real estate acquired under the provisions of sections 2 and 3

of this Act, within twelve years after it has been so acquired,

otherwise it shall be forfeited to Her Majesty for the uses of the

Province, but no such forfeiture shall take effect or be enforced until

the expiration of at least six calendar months after notice in writing to

the said corporation of the intention of Her Majesty to claim such

forfeiture.

Power to

The said Synod shall from time to time have power to sell, alien

sell lands

and transfer any lands within the limits of the said Diocese, which

used for

church

may have been used for any church or mission or congregation or

church purpose, in full communion with the Church of England in

purposes

Canada, within the said Diocese and which may become vacant or

disused or unsuitable for such purpose, and the proceeds of such

viii

sale after deducting the costs, charges and expenses of and

incidental to the said sale or the interest or income derived from such

proceeds as the Synod shall in their discretion decide, shall be

applied by the said Synod for such church purposes as nearly as may

be as the purpose for which the lands so sold were originally held,

and no purchaser shall be liable to see to the application of the

purchase money.

55V., c. 106,

c. 6, repealed

Subject to the provision of section 6 of this Act, section 1 of said

Act passed in the 55th year of Her Majesty's reign, chapter 106,

is hereby repealed and section 2 of the Act passed in the 39th year of

Her Majesty's reign, chapter 107, is hereby repealed, and the

following words are substituted for said section 2:

Synod, how

constituted.

"The said incorporated Synod shall consist of the Bishop of the

said Diocese, who shall be the head of the Synod, and any Suffragan

or Coadjutor Bishop thereof, the Priests and Deacons of the same,

licensed by the Bishop or Suffragan and the Lay Delegates or

representatives elected or to be elected according to the constitution

of the said Synod, as the same exists at the time of this Act, or as it

may from time to time be altered by the said Synod. Provided always

that the said Synod shall have hereafter full power and authority to

declare and determine from time to time in their discretion whether

disabled or superannuated clergymen of the Diocese shall be

members of the said Synod and what, if any, rights or privileges shall

be granted to them either to sit or vote or otherwise to take part in

the proceedings of the said Synod".

Approval of

Nothing contained in the said section 5 of this Act, shall have any

provisions of

s. 5 by

force or effect unless and until the said section shall be approved

of by the Bishop and a majority consisting of two-thirds of both

Synod.

Clergy and Laity at a meeting of the Synod, of which notice has been

previously given that the question of the adoption of said section 5

would be submitted for its approval in the same way that notice of the

alteration of any canon is required to be given by the constitution of

the said Synod.

(N.B.--Section 5 was duly approved by the Bishop and Synod.

See Journal 1898.)

39 V. c. 107,

All property of what nature or kind soever referred to in section 3

s. 3, re-

pealed.

of said Act, 39 Victoria, chapter 107, which has not heretofore

been conveyed under the provisions of that section to the Synod of

Property

the Diocese of Niagara is hereby vested in the said Synod of the

held by

Bishop and

Diocese of Niagara without the necessity of any conveyance

thereof by the Synod of the Diocese of Toronto (otherwise called

Synod of

Toronto for

the Incorporated Synod of the Diocese of Toronto) or by the Lord

Bishop of Toronto and the said Synod of the Diocese of Niagara

Diocese of shall perform the trusts relating thereto if any there be, and the

Niagara said Synod of the Diocese of Toronto and the Lord Bishop of are

hereby discharged from such trusts.

(2 Edward V11., Chap. 110)

An Act Respecting the Synod of the Diocese of Niagara

(Assented to 17 March, 1902)

Preamble. WHEREAS the Synod of the Diocese of Niagara (hereinafter called the Synod)

has by its petition prayed that an Act may be passed confirming and declaring

valid a Canon, called a "Canon on Differences," passed at the session of said

Synod held in the year 1901, said Canon relating to the settlement of

differences between Clergymen of the Diocese of Niagara and their

parishioners: and whereby it is desirable that such Canon should be

confirmed and declared valid and no one has appeared to oppose the said

petition: and whereas it is expedient to grant the prayer of the said petition;

Therefore His Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Canon on 1. The Canon of the Synod adopted at the session thereof held in the

differences year 1901, and set out in the Schedule to this Act, is hereby

confirmed. ratified, confirmed and declared to be valid and all the powers and

provisions in the said Canon contained shall be valid and binding as

fully and as effectually and shall in all respects have the same force

and effect as though the same and every one of them were expressly

embodied in this Act.

Powers of 2. The Bishop of the Diocese of Niagara for the time being may, at

Bishop as to any time, suspend or remove from his benefice the incumbent of

suspending any rectory, parish or mission within the Diocese of Niagara, as

or removing provided by the said Canon or by any amendment thereof adopted

incumbent, etc. by the Synod.

Enforcing 3. Every order of the Bishop of said Diocese as aforesaid made

orders of under the said Canon, or any amendment thereof, adopted by the

Bishop. Synod, shall be enforcible as provided by the said Canon after the

proceedings therein prescribed or which may be prescribed by any

Canon adopted by the Synod, have been taken.

Canon may be 4. The Synod may repeal, alter or amend the said Canon.

repealed or amended.

(N.B.--The Canon ratified by this Act was repealed and Canon XXV1.

was passed in 1926.)

(13-14 George V., Chap. 102)

An Act to Simplify the Sales of Property Held in Trust

for the Church of England in Canada in the Diocese

of Niagara

(Assented to May 8th, 1923)

Preamble. WHEREAS the Synod of the Diocese of Niagara have by their petition represented that

property held in trust for the benefit of churches, parishes, missions or congregations

of the Church of England or Church of England in Canada or United Church of England

and Ireland in the said Diocese has been conveyed to or otherwise vested in various

corporations, trustees or individuals, and that difficulties have been experienced in

disposing of the same, owing to a want of uniformity of procedure for the sale and

conveyance of such property; and have prayed that an Act may be passed for the

several purposes hereinafter set forth, and it is expedient to grant the prayer of the

said petition;

THEREFORE His Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

Synod and 1. Any lands or personalty which now are or shall be vested in (1)

persons may the Synod of the Diocese of Niagara, (2) the Bishop of Niagara

sell land and either by his individual name or official title, and either separately

personalty or jointly with others, (3) the rector, or incumbent, or parson, or

vested in missionary of the rectory, church, parish or mission, either by his

them on certain individual name or official title, and either separately or jointly

trusts. with the churchwardens of such rectory, church, parish or mission, or with the

trustees or others, (4) the churchwardens of the parish, church, rectory or

mission, either by their individual names or corporate title, or (5) certain

persons named as trustees for the church, rectory, parish or mission,

congregation or living, or for the rector, parson, incumbent or missionary, or

(6) held by or vested in any other corporation, person or persons under any

other title, trust or designation, either jointly, severally or otherwise, in trust

for the general or special use or benefit of the members of the Church of

England, or Church of England in Canada, or United Church of England and

Ireland in the said Diocese of Niagara, or for or in connection with any church,

rectory, parish, mission, congregation, locality or living in the said Diocese, or

in trust for the use, benefit or endowment of any church, parish, mission,

living or rectory, or for the use, benefit, support or endowment of any parson,

incumbent, missionary or rector, or in trust for a parsonage, school or any

other object or purpose or use in connection with any such church, parish,

mission, congregation, locality, living or rectory; may,

notwithstanding anything in the deed or conveyance under which the

same is vested or held (other than is provided in section 6 of this act),

be sold, aliened and conveyed by the said Synod, bishop, corporation,

xii

trustee or trustees, churchwardens, rector, incumbent, missionary or

official or other persons, or individuals or the successors or heirs of

any of the aforesaid in whom the title of such lands or personalty is

then held or vested in trust as aforesaid.

Consent of

But no sale of such lands or personalty shall be made unless the

vestries in

certain cases.

vestry or vestries having the right to appropriate or dispose of the

rents, issues, profits or income thereof do, by a resolution passed for

that purpose, authorize and consent to the sale of the same, nor

unless such sale is approved of by the said Synod of the Diocese of

Niagara; and, if there be no vestry in existence, or no vestry having

the right to appropriate or dispose of the rents, issues, profits or

income of the said lands or personalty, the said Synod may consent

to and approve of the said sale, and all proper and necessary parties

shall join in conveying the same to the purchaser thereof.

Disposition

of proceeds

The proceeds of such sale shall be paid to the said Synod, which

shall hold the same under the same trusts, uses, endowments or

purposes as those for which the said lands or personalty were given

and held as aforesaid, and may invest or apply the same for the

benefit of the said trust, use, endowment or purpose; or, if desired by

the vestry (having the right as described in section 2) and approved of

by the said Synod, in the purchase of other lands or personalty for the

said trust, use, endowment or purpose, as may be approved of by the

said Synod, or in case of a change of circumstances, it becomes

impossible or inadvisable to carry out the original trust, use,

endowment or purpose, such proceeds may, if so desired by the said

vestry (having the right as prescribed in Section 2), be applied for

other church purposes for the benefit of the church, parish, mission,

or congregation on whose behalf the said trust, use, endowment or

purpose was created, with the consent of any person or persons

having a pecuniary or life interest in such trust property for the time

being; Provided that the consent and approval of the Synod to the

appropriation of such proceeds to such other church purposes shall

have first been obtained, and if there be no vestry in existence, or no

vestry having the right as in section 2 described, the said Synod may

determine the other church purposes to which such proceeds may be

applied.

Right to sell

to include

The term "sale" in this Act shall include an exchange, and the

persons, trustees, officials and corporations authorized to sell,

right to

exchange.

alien and convey lands and personalty as aforesaid, may, subject

to the conditions in section 2 of this Act, exchange the said lands or

personalty for other lands or personalty, and shall acquire, hold and

possess such exchanged lands or personalty under the same trusts,

uses, endowments and for the same purposes as those for which the

original lands or personalty were given and held as aforesaid; or in

xiii

trust for other church purposes as provided in section 3 of this Act,

and subject to the conditions therein prescribed.

Mode of 5. The said Synod may exercise the powers conferred upon it by this

exercising Act by and through such boards or committees thereof as the said

powers; Synod may from time to time appoint by resolution, by-law or

execution of

deeds.

by-laws, and the act, consent or approval by the said Synod or the

Board or Committee thereof under this Act shall be exercised by resolution

and the said resolution or resolutions, by-law or by-laws attested by the seal

of the said Synod, and the execution of the deed by the Bishop of Niagara as

President of the said Synod and by the Honorary Secretaries of the Synod, or

a memorandum of consent endorsed on said deed and signed by them and

attested by the seal of the said Synod shall in favor of the purchaser and his

heirs and assigns, be conclusive evidence of the said act, deed, consent or

approval of the said Synod under the powers conferred upon it by this Act.

Resulting

trusts not

Nothing in this Act shall alter or affect any condition or provision

for a resulting trust in favour of any grantor of any such lands,

affected.

his heirs or assigns, which may be contained in any deed conveying such

lands in trust as aforesaid to any of the parties named in section 1 of this

Act, or which may otherwise arise in respect of said lands.

Inconsistent

All Acts or part of Acts relating to the sales of lands, or

Acts or parts

of Acts

personalty held in trust for the Church of England in Canada in

the said Diocese of Niagara inconsistent with the Act are hereby

repealed.

xiv

THE SYNOD OF THE DIOCESE OF NIAGARA ACT 1945

(Assented to May 1945)

Preamble. WHEREAS the Synod of the Diocese of Niagara has by its petition prayed that

an Act may be passed to amend its powers with respect to the investment of

its funds; and whereas it is expedient to grant the prayer of the said petition;

1875-76 c107, Therefore, His Majesty, by and with the advice and consent of the

s10 (1891, Legislative Assembly of the Province of Ontario, enacts as follows:

c100, sl)

amended.

Section 10 of the Act entitled An Act to Incorporate the Synod of the

Diocese of Niagara, being chapter 107 of the Statutes of Ontario,

1875-76, as re-enacted by section 1 of the Act entitled An Act to

amend the Act incorporating the Synod of the Diocese of Niagara,

being chapter 100 of the Statutes of Ontario, 1891, is amended by

inserting after the word "trustees" in the eleventh line the words "or

upon such other securities as are now or shall hereafter be

authorized investments for joint stock insurance companies and

cash-mutual insurance corporation under the provision of The

Companies Act", so that the said section shall now read as follows:

Investment

of funds

10.

All the funds belonging to the synod or entrusted to its care,

including those derived from the sale of rectory lands shall be

of Synod.

invested only in government securities or in municipal debentures or

mortgages forming the first charge upon real estate in Ontario, or

upon such other securities as trustees are or shall be authorized to

invest trust funds by any Act of the Province of Ontario or upon such

other securities as are now or shall hereafter be recognized by the

High Court of Justice of the Province of Ontario, or any division

thereof, as proper for the investment of trust funds by trustees, or

upon such other

Rev. Stat.,

c. 251.

securities as are now or shall hereafter be authorized investments

for joint stock insurance companies and cash-mutual insurance

corporations under the provisions of The Companies Act, with power

to alter and vary such investments from time to time by substituting

others of a like nature provided that nothing in this Act contained

shall be construed to give the said Synod power or

Proviso.

authority to apply the income derived from any such investments

otherwise than in strict accordance with the special trusts relating to

such funds respectively.

Short title.

This Act may be cited as The Synod of the Diocese of Niagara Act,

1945.