CANONS OF THE ANGLICAN DIOCESE OF OTTAWA
Consolidated up to December 31, 2023
C.1.01 ENACTMENT
Whereas by “an Act to Incorporate the Synod of the Diocese of Ottawa in connection with the Church of England in the Dominion of Canada” (being 59 Victoria Chapter 117 as amended by 61 Victoria Chapter 73 of the Statutes of Ontario), the Synod was given power and authority to adopt its constitution and regulations by Canon or otherwise and to add to, repeal or vary its Canons.
It is hereby enacted as a Canon of the said Synod that its constitution and regulations shall be as from time to time set forth and provided in Canons enacted by the said Synod and all Canons and regulations heretofore enacted and passed by it are hereby repealed and that the Synod of the Diocese of Ottawa shall be composed and consist of such persons as from time to time may be specified in its Canons subject to the terms thereof.
C.1.02 DEFINITIONS
In all Canons, Bylaws and Regulations of the Diocese of Ottawa unless otherwise specified therein:
1. “Aided Parish” means a Parish in receipt of a grant or other financial assistance from Diocesan funds towards the support of the Incumbent.
2. “Bishop” means the Bishop of Ottawa and any Coadjutor, Suffragan or Assistant Bishop of Ottawa and any Bishop appointed by the Bishop to preside at any meeting of Synod during its session.
3. “Bylaw” means a Bylaw enacted pursuant to the Canons.
4. “Canon” means an enactment of the Synod declared so to be upon its adoption.
5. “Church” means the Anglican Church of Canada (l’Eglise Anglicane du Canada).
6. “Clergy” and “cleric” means every person in Holy Orders who is licensed by the Bishop.
These terms and others having to do with the ordained Ministry of the Church in CBRs shall be taken to include male and female persons, and the personal pronouns “he” or “his” shall be taken to read instead “she” or “her” as the context of the words may require.
7. “Diocese” means the Diocese of Ottawa.
8. “Diocesan Council” means the Diocesan Council of the Synod, and as used in the
Canons Bylaws and Regulations of the Incorporated Synod of the Diocese of Ottawa shall have the same meaning as “executive committee” referred to in the legislation of the Province of Ontario including without limitation the Synod of the Diocese of Ottawa Act”.
9. “A member in full communion” means a person who has been baptized by water and in
the name of the Holy Trinity, is a regular and frequent communicant in the Anglican
Church of Canada, and subscribes to the doctrine, worship and discipline of the Anglican
Church of Canada.
10. “Parish” means a defined area in the Diocese that has been set apart by the Bishop in
accordance with the Canon on Parishes, having within it one or more congregations
under one Incumbent, one at least of which has a regular organized Vestry, with the right
to elect members of the Synod.
11. “Shall” shall be construed as imperative and “may” as permissive.
12. “Singular” shall include the plural, and the masculine gender shall include the feminine
and neuter genders.
13. “Synod” means the Incorporated Synod the Diocese of Ottawa of the Anglican Church of
Canada l’Eglise Anglicane du Canada.
14. “Vestry” means a meeting of the members of a congregation which is chaired by the
Incumbent.
15. Words and phrases shall be interpreted in their plain and literal sense, provided always
that words of an ecclesiastical meaning shall have their proper ecclesiastical meaning,
words of a financial meaning shall be construed in their specific sphere as shall other
words having any technical meaning.
C.1.03 CANON AMENDMENTS
No Canon shall hereafter be replaced or amended and no new Canon shall be enacted, unless
the resolution containing the proposed repeal or amendment or the proposed new Canon shall
have first been considered at a meeting of the Diocesan Council called for the purpose of
considering such resolution and shall have been duly passed at the next ensuing meeting of the
Synod called for the purpose of considering such resolution by the votes of not less than two
thirds of each Order of the Clergy and of the Lay Members present. The proposed repeal,
amendment or new Canon shall become effective upon the passing of such resolution or upon
such other date as may be specified in such resolution.
C.1.04 BYLAW AMENDMENTS
1. The Synod and the Diocesan Council may enact Bylaws not contrary to the Canons or law
to regulate such matters as are not dealt with by Statute or Canon and such matters as
may be authorized by any Canon to be dealt with by Bylaw.
2. A Bylaw enacted by the Synod or the Diocesan Council may be repealed, amended or re
enacted by the Synod or the Diocesan Council but if enacted by the Diocesan Council,
then unless in the meantime confirmed at a meeting of the Synod called for the purpose
of considering the same, it is effective only until the next annual meeting of the Synod
unless confirmed thereat or at an intervening special meeting of the Synod and, in
default of such confirmation, ceases to have effect at and from such next annual
meeting, and in that case no new Bylaw of the same or like substance has any effect until
enacted or confirmed at a meeting of the Synod.
C.1.05 REGULATION AMENDMENTS
1. The Synod and the Diocesan Council or either of them may pass Regulations consistent
with the Canons and Bylaws to regulate such matters as are not dealt with by Statute or
Canon or Bylaw and such matters as may be authorized by a Canon or Bylaw to be dealt
with by Regulations.
2. Any Regulation passed by the Synod or the Diocesan Council may be repealed or
amended by either the Synod or the Diocesan Council.
C. 2.01 DEFINITIONS
1. In this Canon and in related Bylaws and Regulations,
(a) “Bishop Elect” means the person who has been elected as Bishop but has not been installed.
(b) “Date of the Call” means the day on which the Episcopal Officer summons an Electoral Synod pursuant to Canon 2.08.1.
(c) “Diocesan Profile” means the profile of the Diocese prepared pursuant to Canon 2.05.3
(d) “Diocesan Profile Committee” means the ad hoc committee of Diocesan Council established under Canon 2.05.
(e) “Election Date” means the date of the Electoral Synod as determined by the Episcopal Officer pursuant to Canon 2.08.
(f) “Election Notification” means the notification provided to the Metropolitan, pursuant to Canon 2.02.2, of the need to summon an Electoral Synod.
(g) “Electoral Synod” means a meeting of Synod summoned for the purpose of electing a Bishop pursuant to this Canon.
(h) “Episcopal Commissary” means a person appointed by the Bishop pursuant to Canon 2.16.
(i) “Episcopal Election Committee” means the ad hoc committee of Diocesan Council established under Canon 2.06.
(j) “Episcopal Officer” means the Metropolitan, but if the Metropolitan neglects or refuses
to act in response to the Election Notification for a period of twenty (20) days, then the Episcopal Officer shall be the most senior bishop of the Ecclesiastical Province of Ontario
who is able and willing to act or to continue to act and, if no such bishop is able and willing to act or to continue to act, the Episcopal Officer shall be any Canadian bishop
selected by the Secretaries of Synod who accepts the appointment;
(k) “First Nomination Deadline” means 35 days before the Election Date.
(l) “Formal Questions” means a series of formal questions developed by the Episcopal
Election Committee in accordance with Canon 2.08 and related Bylaws.
(m)”Incidence of Vacancy” means:
i) the deemed resignation of the Bishop pursuant to Canon 2.18 by reason of the Bishop’s attaining 70 years of age;
ii) the mental or physical incapacity of the Bishop to perform the Bishop’s work as confirmed upon written certification by two qualified medical practitioners;
iii) the death of the Bishop; or
iv) in the event of the voluntary resignation by the Bishop, the provision of a written notice to the Diocese by the Metropolitan that the Bishop’s resignation has been
accepted.
(n) “Moderator” means the non-voting member of the Episcopal Election Committee who is responsible for moderating the Public Meetings.
(o) “Metropolitan” has the same meaning as in the Provincial Canons.
(p) “Pre-Election Diocesan Council Meeting” means the meeting of Diocesan Council
designated for the purposes of Canon 2.08.3(a).
(q) “Provincial Canons” means the Canons of the Provincial Synod of the Ecclesiastical Province of Ontario.
(r) “Public Meetings” means the regional public meetings convened by the Electoral
Elections Committee as part of the electoral process pursuant to Canon 2 and related
Bylaws.
(s) “Retired Clergy Association” means the association of retired clergy of the Diocese established pursuant to the Bylaws.
(t) “Superannuated Clergy” means clergy on the Clergy List of the Diocese who are
superannuated.
(u) “Supplementary Nominations Committee” means the ad hoc committee of Diocesan
Council established under Canon 2.07.
(v) “Transition Advisory Committee” means the ad hoc committee of Diocesan Council established under Canon 2.15.
2. References to the “Metropolitan” in this Canon, and in related Bylaws and Regulations, are to be read, as necessary, to include references to the “Acting Metropolitan”, as that term is
used in the Provincial Canons.
C.2.02 VACANCY
1. In the event of a vacancy in the See, a Coadjutor Bishop of the Diocese shall, without further delay or action taken by any person or body, become and be the Bishop of the Diocese.
2. If there is no Coadjutor Bishop of the Diocese at the time of an Incidence of Vacancy, then
there shall be an Electoral Synod, which shall be initiated in the following manner: the
Secretaries of Synod (or such other officers as may be designated by Bylaw) shall, within one week of the Incidence of Vacancy, provide notification to the Metropolitan of the need to summon an Electoral Synod.
3. The members of the Electoral Synod shall be all the members of Synod within the meaning of Canon 3 and related Bylaws, with the exception that the Superannuated Clergy entitled to be members of the Electoral Synod shall only be those Superannuated Clergy who have been selected by the Retired Clergy Association for the purposes of this Canon, not exceeding in number ten (10%) per cent of the number of Superannuated Clergy.
C.2.03 DISCERNMENT AND THE ELECTION PROCESS
1. The Diocese of Ottawa hereby affirms the principle that the election of a Bishop is a process in which we individually and corporately attempt to discern God’s will.
2. We further affirm our belief that God’s will may be discerned in the nomination of candidates for Bishop and in the election itself through prayer and reflection, through consideration of the texts of the Services of Ordination, and through the exchange of information.
3. We affirm our commitment to an electoral process that is free from electioneering and partisanship that may characterize elections to political office.
C.2.04 THE ELECTION PROCESS – GENERAL PRINCIPLES
1. The Episcopal Officer shall summon an Electoral Synod, with the assistance of the Diocesan Council, the Secretaries of Synod, the Diocesan Profile Committee, and the Episcopal
Election Committee.
2. Nominees for the office of Bishop shall be introduced to members of the Diocese by means of the Public Meetings and by the distribution of written materials by the Episcopal Election Committee, in accordance with this Canon and the Bylaws.
3. Nominees for the office of Bishop shall be invited to respond to the Formal Questions in written form, and orally at the Public Meetings, in accordance with this Canon and the
Bylaws.
4. Where no specific time is specified in this Canon for an event or action to take place, the time shall be that stipulated in the Bylaws.
5. All communications concerning any episcopal election shall be distributed electronically, including by way of posting on the Diocesan website, unless the Secretaries of Synod decide
otherwise.
C.2.05 DIOCESAN PROFILE COMMITTEE
1. There shall be an ad hoc committee of Diocesan Council known as the Diocesan Profile Committee, the regular membership of which shall be appointed by the Diocesan Council.
2. The Diocesan Profile Committee shall comprise equal numbers of clergy and laity; shall include representatives from the Diocesan Council, the Parish Ministry Development
Committee, and the Financial Affairs Committee; and shall include members of both rural and urban parishes.
3. The Diocesan Profile Committee shall prepare a profile of the Diocese in accordance with the
Bylaws.
C.2.06 EPISCOPAL ELECTION COMMITTEE
1. The Episcopal Election Committee shall be an ad hoc committee of the Diocesan Council
comprising:
a) both Secretaries of Synod, who shall serve as co-chairs;
b) three lay members of Synod and three clerical members of Synod nominated by the
Secretaries of Synod; and
c) up to two lay members of Synod and up to two clerical members of Synod as Diocesan
Council may appoint.
2. The Episcopal Election Committee shall also include the following non-voting members:
a) the Moderator;
b) the Chancellor or a Vice Chancellor; and
c) any person or persons designated by the Secretaries of Synod to provide secretarial or
technical support.
3. The Episcopal Election Committee shall perform those duties assigned to it by Bylaw.
4. No member of the Electoral Elections Committee may be nominated, or may nominate another individual, to the office of Bishop.
C.2.07 SUPPLEMENTARY NOMINATIONS COMMITTEE
1. The Supplementary Nominations Committee shall be an ad hoc committee of the Diocesan
Council comprising:
a) the chair of the Nominations and Committee Development Subcommittee established
under the Regulations, who shall also be the Chair of this Committee;
b) in addition, two lay members of Synod and two clerical members of Synod nominated by
the Secretaries of Synod, at least one of whom shall be a representative of the Diocese to
either the General Synod or the Provincial Synod; and
c) up to two lay members of Synod and up to two clerical members of Synod as Diocesan Council may appoint.
2. The purpose of the Supplementary Nominations Committee is to nominate to the office of Bishop eligible individuals, including individuals who are not resident in the Diocese, in the interest of enhancing the diversity of candidates in the electoral process.
3. The Supplementary Nominations Committee shall perform those duties assigned to it by
Bylaw.
4. No member of the Supplementary Nominations Committee may be nominated, or may nominate another individual, to the office of Bishop.
5. In the event that the chair of the Diocesan Nominations and Committee Development Subcommittee is unable to participate in this Committee, the members of the Diocesan Nominations and Committee Development Subcommittee shall designate another member
of Synod who shall serve as Chair.
6. The Supplementary Nominations Committee shall submit a written report of its activities to Diocesan Council within six months of the final adjournment of the Electoral Synod.
C.2.08 ELECTION PREPARATION
1. The Episcopal Officer shall, on a day within 30 days from the date of the Election Notification, summon an Electoral Synod in the form of a notice to the Diocese, which shall
be posted on the diocesan website as soon as reasonably possible.
2. The Electoral Synod shall take place at Ottawa within a reasonable time, on a date that is not
less than six months from the occurrence of the Incidence of Vacancy.
3. Within a reasonable time after the Date of the Call, and within such specific times as may be
stipulated by Bylaw:
a) the Diocesan Council (meeting specifically for this purpose if necessary) shall:
i) appoint the members of the Episcopal Election Committee, the Diocesan Profile Committee and the Supplementary Nominations Committee; and
ii) designate a subsequent meeting of Diocesan Council (meeting specially for the purpose if necessary) prior to the First Nomination Deadline to consider matters
pertaining to the Election;
b) the Diocesan Profile Committee shall meet, review and, if necessary, update the Diocesan Profile;
c) the Episcopal Election Committee shall develop a series of formal questions in accordance with the Bylaws, for review and consultation by the Diocesan Council at the
Pre-Election Diocesan Council Meeting;
d) the Episcopal Election Committee shall also:
i) organize, plan and convene the Public Meetings; and
ii) prepare and distribute, in addition to those documents required by the Canons or the Bylaws, such documents as the Episcopal Election Committee may consider to
be appropriate; and
e) the Supplementary Nominations Committee shall meet for the purpose of nominating individuals to the office of Bishop.
4. Any persons who have been nominated to the office of Bishop must recuse themselves from any session of Diocesan Council relating to the Episcopal Election for which that person has been nominated.
C.2.09 NOMINATION PROCESS
1. A person is eligible for nomination to the office of Bishop if he or she meets the requirements of the Provincial Canons and the Canons, Bylaws and Regulations of the Diocese of Ottawa, as amended from time to time.
2. All nominations shall be in writing, accompanied by the written consent of the nominee. Each nomination shall be accompanied by written biographical, professional and personal information and shall be submitted to the Secretaries of Synod in a form prescribed by the Electoral Elections Committee.
3. A nomination may be made by not fewer than ten and not more than 15 persons who are eligible to vote at the Electoral Synod, at least five of whom shall be lay persons and at least
five of whom shall be clerics. No person shall nominate themselves.
4. Each person may only sign the nomination papers of one nominee.
5. One or two nominations may be made by the Supplementary Nominations Committee. For greater certainty, persons nominated under this provision must meet all requirements
regarding nominations, including applicable deadlines, that are set out in the Canons and Bylaws, with the exception of Canon 2.09(3).
6. Nominations may be submitted to the Secretaries at any time either:
(a) on or before the First Nomination Deadline, or
(b) between the adjournment of the last Public Meeting and the day before the Electoral Synod.
Nominations may also be received on the floor of the Electoral Synod at any time prior to the meeting being called to order.
C.2.10 DISTRIBUTION OF WRITTEN MATERIALS
The Episcopal Election Committee shall:
(a) distribute the Formal Questions to all nominees whose nominations are received on or before the First Nomination Deadline
(b) invite nominees whose nominations have been received by the First Nomination
Deadline to submit to the Secretaries of Synod a written response to the Formal Questions; and
(c) subsequently distribute to the members of the Electoral Synod and to the Episcopal Officer, and make available on the Diocesan website, in a manner consistent with the
Bylaws:
i) the names of all nominees, together with the written information that each nominee has submitted pursuant to Canon 2.09(2);
ii) the written responses to the Formal Questions that have been submitted under paragraph (b) above; and
iii) the schedule for the Public Meetings.
C.2.11 THE PUBLIC MEETINGS
Only those nominees whose nominations have been received by the First Nomination Deadline shall be introduced to the Diocese at the Public Meetings convened in accordance with the Bylaws.
C.2.12 THE ELECTORAL SYNOD
1. A quorum of the Electoral Synod shall comprise half of the Lay Members registered and entitled to vote and half of the Clerical Members registered and entitled to vote
2. The Electoral Synod shall be chaired by the Episcopal Officer.
Canons of the Anglican Church (Ottawa) 11
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3. The Secretaries of Synod shall report at the beginning of the Electoral Synod on the number of Lay Members and Clerical Members who are in attendance and duly registered.
4. If the report of the Secretaries of Synod indicates that there is not a quorum present, the Electoral Synod shall be adjourned without debate to a date within the next ensuing three months.
5. Voting shall be by Order, by successive ballots. A nominee is elected when he or she has
received a majority of votes in both Orders. The Chair shall not have a vote.
6. If after three ballots no nominee has been elected, then the nominee who has attained the
lowest combined percentage, determined by adding A + B, for each candidate, shall be
dropped for each succeeding ballot until a nominee is elected or the number of nominees
has been reduced to two. For making this determination:
a) A is the percentage of Clergy votes that a candidate has received; and
b) B is the percentage of Lay votes that a candidate has received.
7. If during the course of the Electoral Synod the number of persons who are present and vote
in either Order (but not both Orders), as confirmed by the Secretaries of Synod, falls below
50% but not less than 20% of those registered and entitled to vote (the “Deficient Order”),
the Electoral Synod shall proceed, but on the basis that a nominee is elected when he or she
has received at least two-thirds of the votes in the Deficient Order and a majority of votes in
the remaining Order.
8. If during the course of the Electoral Synod the number of persons who are present and vote
in either Order falls below 20% of those registered and entitled to vote, or the number of
persons who are present and vote in both Orders falls below 50% of those registered and
entitled to vote, as confirmed by the Secretaries of Synod, then the Electoral Synod shall be
adjourned without debate to a date within the next ensuing three months as appointed by
the Chair.
9. If during the course of the Electoral Synod the number of nominees on the ballot remains
two throughout three successive ballots, then the Episcopal Officer may in his or her
discretion adjourn the Electoral Synod to a date within the next ensuing three months as
appointed by the Chair.
10. If an Electoral Synod is adjourned because it has lost quorum or because it has failed to elect
a nominee, then a new Electoral Synod shall take place following the same procedures as
though the former meeting had not taken place.
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11. If during the course of the Synod the number of nominees remaining on the ballot is one,
then that person shall be considered to have been elected once a further vote is taken on
the question “Is it your will that this person become the Bishop of Ottawa?” and the vote is
in the affirmative based upon votes cast according to the percentage provided for in this
Canon.
12. If a nominee cannot be present for the election, the nominee may, by written notice to the
Secretaries of Synod, delegate a person to be present on their behalf, but such person shall
not have voting privileges unless a member of the Synod in their own right. A nominee who
is elected must personally give consent to the election to the Chair.
13. Before the Electoral Synod is adjourned the newly-elected bishop is welcomed and all who
have offered themselves for this discernment process are thanked.
14. Any nominee for the office of Bishop who is not a member of Synod is entitled to vote in the
Electoral Synod, provided that the name of the nominee has not been dropped from the
ballot in a manner consistent with this Canon.
C.2.13 COADJUTOR BISHOP
In the case of an election of a Coadjutor Bishop pursuant to the Provincial Canons, the election
shall be proceeded with in the manner provided for the election of a Bishop of the Diocese, with
such changes as may be necessary, except that, if present, the Bishop, or the Bishop’s appointee,
shall preside at such election. If the Synod or the Diocesan Council so directs, such election may
be postponed until the next annual meeting of the Synod.
C.2.14 SUFFRAGAN OR ASSISTANT BISHOP
In the case of an election of a Suffragan or Assistant Bishop pursuant to the Provincial Canons,
the election shall be proceeded with in the manner provided for the election of a Bishop of the
Diocese, with such changes as may be necessary, except that, if present, the Bishop, or the
Bishop’s appointee, shall preside at such election. If the Synod or the Diocesan Council so
directs, such election may be postponed until the next annual meeting of the Synod.
C.2.15 TRANSITION ADVISORY COMMITTEE
1. For the purposes of this Canon, the “Transition Period” is the period beginning with the
adjournment of an Electoral Synod that has elected a Bishop and ending upon the
installation of the newly elected Bishop.
2. Subject to Canon 2.15(3), the Transition Advisory Committee shall be an ad hoc committee
of the Diocesan Council comprising:
a) The Dean;
b) The Executive Archdeacon;
c) The Secretaries of Synod;
d) The Chancellor;
e) The Director of Financial Ministry; and
f) The Director of Human Resources.
3. The Clerical Secretary of Synod shall be the chair of the Transition Advisory Committee. In
the event that the Clerical Secretary is unable, the Lay Secretary of Synod shall be the chair
of the Committee.
4. The Transition Advisory Committee shall advise the Bishop-Elect during the Transition Period
on the following matters:
a) Diocesan finances
b) Administrative matters
c) Human Resource issues in the Diocese; and
d) Such other matters as the Diocesan Council or the Bishop-Elect may request.
5. During the Transition Period, neither the Bishop nor a person appointed as an Episcopal
Commissary or as Administrator of the Diocese may exercise any power conferred on the
Bishop under the Canons or Bylaws without first consulting with the Bishop-Elect.
6. The Transition Committee shall report to the first Diocesan Council meeting following the
installation of the new Bishop on the matters on which the Committee advised during the
Transition Period.
C.2.16 EPISCOPAL COMMISSARY
1. The Bishop may appoint an Episcopal Commissary who would have, in the absence of the
Bishop, all the executive rights and functions of the Bishop.
2. The Episcopal Commissary shall be selected from among the Coadjutor Bishop, the
Suffragan Bishop, the Dean, the Executive Archdeacon, and the Territorial Archdeacons in
order of seniority.
C.2.17 ADMINISTRATOR OF THE DIOCESE
1. In the event of a vacancy in the See caused by the death or resignation of the Bishop, or in
the event of the mental or physical incapacity of the Bishop to perform the Bishop’s duties,
whether temporary or permanent, as certified by two qualified medical practitioners, the
Diocesan Council may, by resolution passed at a meeting called forthwith for such purpose,
appoint an Administrator of the Diocese. Such Administrator shall hold office until the
Bishop has recovered from the incapacity, as certified by two medical practitioners, or until a
successor to the Bishop has been elected and installed, as the case may be.
2. The Administrator shall have all the powers of the Bishop of the Diocese as are generally
possessed by an Episcopal Commissary, including without limitation the execution of deeds
and documents.
3. The production of a copy of the resolution of the Diocesan Council appointing the
Administrator, certified by any two officers of the Synod, shall be sufficient evidence of
appointment and the power to perform all duties delegated to the said Administrator,
including the execution of deeds and documents.
4. Certified copies of all medical certificates provided for the purposes of this Canon 2.17 shall
be forwarded to the Metropolitan.
5. The Administrator may not be a nominee for the office of Bishop.
C.2.18 EPISCOPAL RETIREMENT
Subject to the provisions of the Canons of the General Synod and of the Provincial Canons, the
Bishop and Coadjutor, Suffragan and Assistant Bishop of the Diocese on attaining the full age of
seventy years shall be deemed to have resigned from such office to the appropriate authority or
body.
C.2.19 ATTENDANCE AT MEETINGS
The Bishop is ex officio a member of all standing Committees and may attend as a member or
otherwise any meeting of any committee or organization of the Diocese. At the invitation of the
Bishop, any Coadjutor, Suffragan or Assistant Bishops of Ottawa may likewise attend any
meeting of any committee or organization of the Diocese.
C.2.20 EPISCOPAL REMUNERATION AND BENEFITS
1. The Bishops shall be paid a salary under a distinct salary structure approved by the Synod,
with rates for the component elements of the salary structure determined annually by the
Diocesan Council as provided by Bylaw and Regulation.
2. The Synod and the Diocesan Council may enact Bylaws not contrary to the Canons or law
regarding pensions and other benefits for the Bishops and for their spouses, dependents and
children, having regard to the requirements of General Synod.
3. The Synod and the Diocesan Council may enact Bylaws not contrary to the Canons or law
regarding remuneration for the Bishop-Elect.
C.3.01 MEMBERSHIP
1. The Synod shall consist of:
a) the Bishop of Ottawa,
b) any Coadjutor, Suffragan and Assistant Bishops of Ottawa,
c) all other Clergy on the Clergy List of the Diocese,
d) the Chancellor,
e) any Vice Chancellor,
f) the Lay Secretaries of Synod,
g) the members of the Diocesan Council, and
h) such other persons as may be prescribed members of Synod by Canon or Bylaw.
2. PRESIDING OFFICER
The Bishop may appoint with full or limited powers another Bishop to preside at any meeting of the Synod during its session. Such Bishop so appointed shall be by virtue of appointment a member of the Synod during its session, subject to the powers granted by the Bishop of the Diocese; and all business transacted and Canons passed or confirmed at such Session shall have the same effect and validity as if the Bishop of this Diocese had presided.
C.3.02 CLERGY LIST
1. Clergy on the Clergy List of the Diocese are those Clergy of the Anglican Church of Canada who are under the jurisdiction of the Bishop of the Diocese of Ottawa and:
a) who are appointed by the Bishop to a regular and full time parochial charge, or to an official position under the Synod, or
b) who are superannuated, or
c) who are on leave from the Diocese, or
d) who are appointed by the Bishop as Chaplain to public institutions in the Diocese, or
e) who from time to time hold any of the following offices: The Office of Headmaster or Headmistress or Chaplain of a Residential School situated in the Diocese, or
f) who hold a general license from the Bishop to officiate within the Diocese and who are not members of another Diocesan Synod of the Anglican Church of Canada, or
g) who being resident in the Diocese, have, on the nomination of the Bishop and the Diocesan Council, had their names placed upon the said Clergy List by the Synod. The Synod, however, may by resolution at a regular session rescind its action in approving any name for inclusion upon the Clergy List in this manner.
2. VOTING IN SYNOD
Clergy on the Clergy List shall have seats and vote in all meetings of the Synod, except that motions to adopt or amend the apportionment budget of the Diocese may be voted upon only by those Clergy who are currently appointed by the Bishop to a full-time or part-time service and hold the Bishop’s License within the Diocese.
C.3.03 LAY MEMBERS
1. Lay Members of Synod shall be elected in each Parish at a meeting of the Vestry as provided by Canon;
2. The Bishop with the approval of the Diocesan Council may appoint not more than 15 Lay Members of Synod in addition to those elected in each Parish provided that those so appointed are qualified for Lay Membership, and such members shall hold office until
the completion of the next annual session of Synod or until death, resignation or failure to be or continue to be qualified for Lay Membership whichever is the earlier.
3. To be qualified for Lay Membership of Synod, a person must be the full age of 16 years, a member in full communion of the Anglican Church of Canada of at least one year’s standing and who shall have received and shall receive the Sacrament of the Lord’s Supper at least three times during the year preceding election or appointment and in each year during holding of such office. Qualification for Lay Membership of Synod shall be proved in such manner as from time to time may be specified by Bylaw and/or Regulation.
4. The procedures regarding the recording of the Lay Members of Synod shall be as from time to time specified by Bylaw.
C.3.04 OFFICERS AND EXECUTIVES OF SYNOD
There shall be the following officers and executives of Synod:
1. CHANCELLOR, VICE CHANCELLORS
There shall be a Chancellor and there may be one or more Vice Chancellors who shall be appointed by the Bishop and shall hold office during the Bishop’s pleasure. Each of the Chancellors and any Vice Chancellors shall be:
a) a member of at least ten years’ standing of the Bar of the Province of Ontario or of the Province of Quebec or a Judge of a Court of Record,
b) resident in the Diocese,
c) a member of the Vestry of one of the Parishes in the Diocese, and
d) under the age of 70 years, and if the person shall cease to be so qualified, the person shall be deemed to have resigned to the Bishop. A retiring Chancellor shall thereafter be entitled to be known as Chancellor Emeritus. The duties of the Chancellor and any Vice Chancellors shall be to advise the Bishop and Synod in all matters of discipline, difficulty, or doubt and to perform such other duties as may be prescribed by Canon, Bylaw and/or Regulation.
2. EXECUTIVE ARCHDEACON
The Bishop may appoint an Executive Archdeacon. If appointed, such Executive Archdeacon shall hold office during the pleasure of the Bishop and be deemed to have resigned upon the installation of a new Diocesan Bishop. An Executive Archdeacon shall have the duty of coordinating the functioning of the Diocese under the authority of the Bishop to whom is due primary responsibility. The Executive Archdeacon shall be ex officio a member of the Diocesan Council, and of the other Committees, and shall be entitled to be notified of the meetings of any other committees or organizations of the Diocese of which the Executive Archdeacon shall advise from time to time, for the purpose of attendance, consultation and liaison.
3. SECRETARIES OF SYNOD
a) There shall be the following two Secretaries of Synod:
i) the Clerical Secretary who shall be a Cleric appointed as such by the Bishop to hold office during the pleasure of the Bishop, and
ii) the Lay Secretary who shall be elected annually by the Diocesan Council at its first meeting held after the Annual Meeting of Synod.
b) The duties of the Secretaries of Synod shall be described in the Bylaws and Regulations of the Diocese and shall include, but are not limited to, aspects of the following:
i) The Episcopal Election process,
ii) Regular and special meetings of the Synod,
iii) Regular and special meetings of Diocesan Council,
iv) CBRs Subcommittee,
v) Any other duties which may be assigned in the Bylaws and Regulations.
4. OTHER OFFICERS
There shall be such other officers as may be elected or appointed pursuant to Bylaw and/or Regulation whose qualifications, method of election or appointment, terms of office and duties shall be as from time to time specified therein.
5. REMUNERATION
Officers of Synod may be required by the Bishop or by the Synod or a committee of the Synod from time to time in the course of their duties to provide services for which remuneration may be paid, and this remuneration shall be determined by the Director of Financial Ministry in consultation with the officer concerned.
C.3.05 SYNOD SOLICITORS
The Diocesan Council may appoint a Solicitor or Solicitors who shall perform such legal services under the direction of the Chancellor as may from time to time be required by the Synod or the Diocesan Council.
C.3.06 MEETINGS
1. The Synod shall meet annually in the Diocese at such place and at such time in each year as the Bishop may direct or in the absence of such direction as the Diocesan Council may by resolution direct.
2. Other meetings of Synod in the Diocese may be convened at such place and at such time as the Bishop may direct or in the absence of such direction as the Diocesan Council may by resolution direct.
C.3.07 QUORUM
Two members of Synod personally present shall constitute a quorum for any meeting of Synod for the adjournment of the meeting. For all other purposes, a quorum for any meeting of Synod shall be not less than one fifth of the Clergy and not less than one fifth of the Lay Members who have registered for attendance at that meeting of Synod. No business shall be transacted at any sitting of the meeting of Synod unless the requisite quorum be present at the commencement of the business at that sitting, and if such quorum is so present, then that sitting may continue to do business until adjournment notwithstanding the withdrawal of enough members to leave less than a quorum.
C.3.08 VOTING
1. Except as provided in Canon 1.03, Canon 2 and elsewhere in this Canon, no act or resolution of the Synod shall be valid or passed without the concurrence of a simple majority of the members who vote on the resolution.
2. On the requisition of the Chair or of four clerical members and four lay members, the votes of the Clergy and Laity shall be taken separately and the act or resolution of the Synod shall not be valid or passed unless it receives the concurrence of a simple majority of both the Clergy and the Laity. The Lay members shall in all cases vote as individuals.
3. Each member of the Synod present at a meeting shall have one vote on all matters coming before it and, unless otherwise specifically provided by Canon and Bylaw, the Chair shall have a second or casting vote on votes of both the Clergy and the Lay Members.
C.3.09 SEAL AND ARMS
1. SEAL OF SYNOD
The Seal, an impression of which appears as the frontispiece to this volume, is and shall be the common seal of the Incorporated Synod of the Diocese of Ottawa, and the care and custody of the said Seal shall be entrusted to such officer of Synod as may be
designated by Bylaw or Regulation.
2. ARMS OF THE DIOCESE
The Arms of the Diocese shall be the Coat of Arms shown on the Grant of Arms made by the College of Arms on 24 November 1949, a photographic reproduction of which shall be properly displayed at meetings of the Synod.
C.3.10 DIOCESAN COUNCIL MEMBERSHIP
1. There shall be a standing committee of the Synod known as the Diocesan Council.
2. When the Synod is not in session the Diocesan Council shall, on behalf of Synod, deal with all facets of the mission and life of the Church and may do and perform all acts in respect thereof which might be done at a meeting of the Synod, including filing of vacancies among elected members, except those matters which specifically require the
action of the Synod in session.
3. The Diocesan Council shall be composed of nineteen (19) voting members and two (2) non-voting members as follows:
a) Three (3) Senior Officers of Synod: The Bishop, the Chancellor (or the Vice Chancellor in the absence of the Chancellor) and the Dean;
b) Eight (8) Clergy representatives;
c) Eight (8) Lay representatives;
d) Lay and Clerical Secretaries of Synod (non-voting)
4. The Council shall include a minimum of four (4) members drawn from the rural regions
of the diocese. In addition, at least one member shall be experienced in each of the
following areas:
a) financial management;
b) communications / public relations; and
c) strategic planning.
5. Positions on the Diocesan Council shall be filled as follows:
a) five (5) by virtue of position;
b) twelve (12) shall be confirmed by Synod;
c) four (4) shall be appointed by the Bishop within one month after Synod.
6. Any baptized member in good standing of the Diocese of Ottawa may be nominated for a position on the Diocesan Council.
7. Appointments, nomination and elections process shall be conducted as may be prescribed by the Bylaws or Regulations of the Diocese.
8. The Executive Archdeacon shall be invited to attend all meetings of the Diocesan Council.
9. The Lay Secretary and the Clerical Secretary shall attend all meetings of the Diocesan Council.
10. Members of Diocesan Council shall become members of Synod for the duration of their term on Diocesan Council.
11. The Director of Financial Ministry and the Director of Community Ministry shall have the right to attend and shall usually be present at all meetings of the Diocesan Council as resource persons. Other persons may also be requested to attend as resource persons from time to time, and any person may attend any meeting at the invitation of the Diocesan Council.
12. The agenda shall be set by the Chairperson and supported by the Lay Secretary and Clerical Secretary.
C.3.11 COURT OF THE DIOCESE
1. JURISDICTION
There shall be a Court of this Diocese called “The Court of the Diocese of Ottawa” having 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 offence, wherever committed;
b) subject to the provisions of the Discipline Canon of the General Synod of Canada, priests and deacons of The Anglican Church of Canada not registered on the register of the Diocese, in respect of any ecclesiastical offence committed in the Diocese;
c) lay persons who have been appointed, elected or commissioned to an office, appointment or responsibility in a parish of the Diocese or the Diocesan Synod, for any ecclesiastical offence which they may commit in the Diocese;
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 any ecclesiastical offence 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 the provisions of the Discipline Canon of the General Synod of Canada.
2. Such Court shall consist of such persons as may be prescribed by Bylaw.
3. ECCLESIASTICAL OFFENCES
All persons who are subject to ecclesiastical jurisdiction in the Diocese shall be liable to discipline for any of the following offences:
a) conviction of an indictable offence;
b) immorality;
c) disobedience to the Bishop to whom such person has sworn canonical obedience;
d) violation of any lawful Constitution or Canon of the Church, whether of a diocese, province or the General Synod by which the person is bound;
e) wilful or habitual neglect of the duties of any office or position of trust to which the person has been appointed or elected;
f) teaching or advocating doctrines contrary to those accepted by the Anglican Church of Canada;
g) contemptuous or disrespectful conduct towards the Bishop in matters pertaining to the administration of the affairs of the Diocese or a parish.
4. The procedure of and in such Court and of bringing cases before it and the right of such Court to make judgments and award costs and the effect of such judgments and the right of appeal if any from such judgments shall be as may be prescribed by Bylaw which may extend to any matter relating to such Court not provided by the Canons.
C.3.12 FINANCIAL TRANSACTIONS
All monies, investments and funds now or hereafter belonging to or held by or under the control of the Synod, either personally or as trustee or both, shall be invested, administered and controlled as may be prescribed by Bylaw.
C.3.13 LAND TRANSACTIONS
Subject to the applicable Statutes of the Provinces of Ontario and Quebec and subject to such procedures as may be prescribed by Bylaw, land shall not be sold, mortgaged, leased for a term in excess of two years, or otherwise encumbered, without the consent of the Bishop and the Diocesan Council and of the Vestry of any Parish or Congregation which has an interest in such land.
C.3.14 EXECUTION OF DEEDS AND DOCUMENTS
All deeds and documents requiring execution by the Synod shall be signed by such persons as may be prescribed by Bylaw or Regulation.
C.3.15 MISCELLANEOUS
The following matters may be prescribed by Bylaw and/or Regulation:
1. the procedures and formalities regarding meetings of Synod and the Diocesan Council;
2. the election of delegates to Provincial Synod and its boards and committees and of delegates to General Synod and its boards and committees; and
3. the governance and administration of diocesan cemeteries.
C.3.16 ANGLICAN DIOCESE OF OTTAWA ARCHIVES
There shall be an Anglican Diocese of Ottawa Archives whose purpose is to provide a secure place for deposit of all records, documents, books, and artifacts of historical significance to the Diocese, its parishes, and its congregations, and to provide a centre for the collection and conservation of the heritage of the Diocese and its members. The operation and management of the Diocese of Ottawa Archives may be prescribed by Bylaw or Regulation.
C.3.17 ARCHIVIST
1. There shall be an Archivist of the Anglican Diocese of Ottawa who shall be appointed by the Diocesan Council on the recommendation of the Bishop and who shall report to the Director of Financial Ministry.
3. The Archivist shall remain in office for such period and upon such terms as the Bishop, in consultation with the Director of Financial Ministry, may determine.
4. In the event that the position of Diocesan Archivist becomes vacant, the Director of Financial Ministry shall be the proper and authorized custodian of the Archives of the Diocese and of such archives of the several parishes thereof as may from time to time be committed to the charge of the Archivist.
5. The Archivist shall be a non-voting member of the synod of the Diocese.
6. The Archivist, in consultation with the Archives Advisory Committee and with the approval of the Director of Financial Ministry may appoint an Archival Assistant or Technician to perform any, or all of the duties in respect of the keeping of records and the provision of research services.
7. The duties of the Archivist may be prescribed by Bylaw or Regulation.
C.3.18 ARCHIVES ADVISORY COMMITTEE
An Anglican Diocese of Ottawa Archives Advisory Committee may be appointed by the Director of Financial Ministry in consultation with the Diocesan Archivist for the purpose of assisting the Diocesan Archivist in unifying and developing the archival, reference library, and heritage activities of the Church in the Diocese. The operation and management of the Archives Advisory Committee may be prescribed by Bylaw or Regulation.
C.4.01 CATHEDRAL CHAPTER
1. The Chapter of Christ Church Cathedral shall consist of the Dean, the Archdeacons and eight Canons to be from time to time appointed by the Bishop from the clergy resident in and licensed in the Diocese.
2. The duties of the Chapter shall be to:
a) advise the Bishop in matters pertaining to the welfare of the Diocese which do not fall within the scope of Synod and to assist the Bishop to sustain the unity of the Diocese;
b) perform such other duties as may be provided by Bylaw and/or Regulation; and
c) advise the Dean in matters pertaining to the use of the Cathedral for special services and the forms of service proposed for such special services.
3. Members of the Chapter shall hold office during their active ministry in the Diocese and shall have a stall in the Cathedral. Upon retirement they shall retain their honorary titles but shall cease to be members of the Chapter and shall deliver up their stalls to their successors.
4. The Bishop may act as or appoint the Dean of the Chapter and may appoint from the Chapter whatever officers the Bishop considers necessary.
5. The Bishop may appoint minor Canons for such purpose or for such period or subject to such conditions as the Bishop may decide.
C.4.02 THE DEAN
The Bishop may appoint the Rector for the time being of Christ Church Cathedral as the Dean of Ottawa who shall hold office at the pleasure of the Bishop and shall perform such duties as may be required by the Bishop and as may be prescribed by Bylaw.
C.4.03 ARCHDEACONS
1. Archdeacons shall be appointed by the Bishop to or for such jurisdictions as the Bishop may determine for a term of no more than five years, which term may be extended by the Bishop for an additional period of no more than two years.
2. An Archdeacon shall receive such emoluments of office and reimbursement for travelling expenses incidental thereto as the Diocesan Council, with the approval of the Bishop, may determine from time to time and as may be prescribed by Bylaw or Regulation.
3. Archdeacons shall be installed in the Cathedral by the Dean under the mandate of the Bishop.
4. Upon an Archdeacon ceasing to hold that charge or other appointment, that Archdeacon shall be deemed to have resigned as Archdeacon to the Bishop. Each Archdeacon, on the death or retirement of the Bishop shall resign to the successor in the See.
5. The duties of an Archdeacon shall be such as are required of him by the Bishop and may be prescribed by Bylaw.
C.4.04 REGIONAL DEANS
1. The Parishes of the Diocese shall be grouped in Deaneries, the boundaries of which shall be determined by the Bishop but may be readjusted by the Bishop at any time. A Regional Dean shall be nominated by the Clergy of the Deanery meeting in Chapter, and submit the name of their nominee in writing to the Bishop. If the Bishop approves of the nomination, that person so nominated shall be appointed Regional Dean for a period of two years. A Regional Dean may not hold office for more than two consecutive terms, but may be reappointed after being out of office for one or more terms. Upon a
Regional Dean ceasing to hold that charge, that Regional Dean shall be deemed to have resigned to the Bishop as Regional Dean.
2. The duties of a Regional Dean shall be such as are required by the Bishop and by the appropriate Archdeacon and as may be prescribed by Bylaw.
C.4.05 CHAPTERS AND GREAT CHAPTERS
In each Regional Deanery there shall be a Chapter of the clergy thereof and a Great Chapter of the Clergy and Lay persons as designated whose constitution and function may be set out by
Bylaw and Regulation.
C.4.06 CLERICAL APPOINTMENTS
1. The appointment of all Clergy to all offices within the jurisdiction of the Diocese of Ottawa shall be vested in the Bishop, but before the appointment of an Incumbent or an
Associate Incumbent is made to a Parish, the Bishop shall consult with the Churchwardens and the Lay Members of Synod of that Parish, as a committee.
2. Appointments to diocesan staff positions, chaplaincies, additional assistants in parishes and other positions, whether honorary, non remunerative or stipendiary, shall be made
on the authority of the Bishop as further provided for in Bylaws and Regulations.
3. RETIREMENT OR RESIGNATION
A cleric may retire from any position to which that cleric has been appointed by the Bishop, with pension accumulation determined by participation under the Pension Plan
of the General Synod as provided under Canon VIII and Regulations thereof.
4. TERMINATION OF CLERICAL APPOINTMENTS
Clerical appointments may be terminated as follows:
a) retirement of the cleric under this Canon;
b) upon the Bishop accepting the written resignation of the cleric;
c) withdrawal of the cleric’s licence or appointment by the Bishop as a matter of discipline in accordance with C.3.11 and B.3.19;
d) termination in accordance with the terms of the appointment;
e) upon accepting a new appointment, a cleric will be deemed to have resigned from his or her current appointment, unless the appointments are intended to be served concurrently; or
f) non disciplinary termination of appointment in accordance with C.4.06.(5).
5. NON DISCIPLINARY TERMINATION OF APPOINTMENT
a) TERMINATION BY THE BISHOP IN WRITING
The Bishop may terminate the appointment of a cleric in accordance with the provisions of this subsection, upon notice to the cleric in writing.
b) CIRCUMSTANCES OF TERMINATION
Circumstances which may lead the Bishop to terminate the appointment of the cleric include, but are not limited to: financial difficulties within a parish, decline in parish membership, redeployment of human resources, and the inability of the cleric to carry out his or her ministry.
c) PRELIMINARY STEPS REQUIRED OF BISHOP
When the Bishop considers that there are circumstances within a parish or within some other ministry which may require the termination of an appointment, the Bishop will first meet with the cleric and, where appropriate, with the churchwardens and other members of the parish, or with representatives of the ministry involved:
i) to review the particular circumstances within the parish or the ministry;
ii) to advise the cleric and lay members of the parish or representatives of the ministry of his or her concerns;
iii) to consider the views of the cleric and lay members of the parish or representatives of the ministry;
iv) to consider possible alternatives to the termination of the appointment including other appointments within the Diocese, a leave of absence, further education or professional development;
v) to provide, financial, pastoral, vocational, or other assistance to the cleric, parish or ministry as may be appropriate; and
vi) to provide information about the procedure for the termination of clerical appointments, including the responsibilities of the Bishop, the Advisory Panel and the Arbitration Board, as hereafter described.
d) ADVISORY PANEL ON TERMINATION OF CLERICAL APPOINTMENTS (“ADVISORY
PANEL”)
i) The Advisory Panel shall consist of three members of Synod elected by the members of Synod including at least one lay and one clerical representative. The elected members shall hold office from the conclusion of the meeting of Synod until the conclusion of the next regular session of Synod. The members shall elect a Chair from amongst them.
ii) In the event of the resignation or death of an elected member, the Chancellor shall appoint a replacement to complete the term of office.
e) TERMINATION PROCEDURES
If the Bishop after meeting with the cleric intends to proceed with the proposed termination, the Bishop shall advise in writing the cleric and the Advisory Panel of the proposed termination along with the reasons therefor. The Advisory Panel shall consider the circumstances surrounding the proposed termination of appointment and provide the Bishop with its advice. The Bishop and the cleric shall meet with members of the Advisory Panel to review the matter, and the Panel shall provide the Bishop and the cleric with its advice on the proposed termination of appointment within 60 days of the receipt of the Bishop’s advice. The Advisory Panel may in its discretion make public its advice and the reasons of the Bishop.
f) OFFER OF REASONABLE NOTICE OR REMUNERATION
In the event that the Bishop decides to terminate a clerical appointment and is not in a position to provide a further appointment to the cleric, the Bishop will as soon as possible offer the cleric in writing reasonable notice of the termination of the appointment, or remuneration and benefits in lieu of notice;
g) ESTABLISHMENT OF ARBITRATION BOARD
In the event that the cleric is not satisfied with the amount of notice or remuneration and benefits in lieu of notice offered by the Bishop, the cleric may notify the Bishop in writing of his or her desire to submit the matter to arbitration and the notice shall contain the name of the cleric’s appointee to the Arbitration Board. The Bishop shall within 14 days inform the cleric of his or her appointee to the Arbitration Board. The two appointees so selected shall within 14 days of the appointment of the second of them appoint a third person who shall be the Chair. If the Bishop fails to appoint an Arbitrator, or if the two appointees fail to agree upon a Chair within the time, the appointments shall be made by the Chancellor of the Ecclesiastical Province of Ontario.
h) ARBITRATION PROCEDURES
The Arbitration Board shall provide an opportunity to the cleric and the Bishop to make submissions to it in writing and to respond to the submissions of the other party. It shall determine the amount of notice or payment and benefits in lieu of notice to be given to the cleric including, where appropriate, financial and vocational counseling and shall take into account prevailing practices within the secular community. The decision of the Arbitration Board, which shall be in writing, is final and binding on the cleric and the Bishop.
i) AUTHORITY OF ARBITRATION BOARD
Notwithstanding subsection (h), the Arbitration Board, however, shall have no authority to change a decision by the Bishop to terminate an appointment.
j) RIGHT OF THE CLERIC TO BE ACCOMPANIED BY AN ADVISOR OR COUNSEL
Once the cleric has been made aware of the possibility of termination, he or she may, if so desired, be accompanied by an advisor or counsel in any or all subsequent proceedings under this subsection.
k) Before the Bishop proceeds with the proposed termination, he or she shall consult with the Chancellor or other appropriate legal advice:
i) to ensure that any action taken adheres to applicable federal and provincial legislation; and
ii) to be fully informed of the legal consequences of any proposed action.
l) CLERIC IN GOOD STANDING
The termination of an appointment under this Canon does not affect the good standing of the cleric within the Diocese.
C.4.07 INCUMBENTS
1. The Incumbent of a parish shall have charge of and be responsible for the ordering of the services, including the musical part thereof, and the use of the organ, and the fixing of the hour of service, the ringing of the bell, and such like matters.
2. The Incumbent of a parish shall be responsible for the work of Religious Education in the parish, for its initiation, character, organization, and control; and the superintendent of the Sunday School, and all other similar officers, shall act under the Incumbent’s direction. The Incumbent shall have supervision of all organizations having as their purposes the care or adornment of the Sanctuary, the Chancel or other similar portions of the Church building and of organizations for devotional, social or athletic purposes, carried on in the name of the Church or upon its property.
3. The Incumbent of a parish shall report from time to time to the appropriate Archdeacon or Regional Dean on the state of the Church in the parish and shall perform such other duties as may be required by the Bishop and by the Archdeacon and as may be prescribed by Canon, Bylaw or Regulation.
4. The Incumbent of a parish shall be responsible for the keeping of such records and the making of such reports as may be prescribed by Bylaw and/or Regulation.
C.4.07A ASSOCIATE INCUMBENTS
1. The Associate Incumbent of a parish may, in agreement with the Incumbent of that parish, exercise any of the responsibilities conferred on the Incumbent.
C.4.08 ASSISTANT CURATES
1.
a) Subject as hereafter provided in subsection (b), a newly ordained cleric shall serve in such places in the Diocese and for such length of time as the Bishop shall determine, and without limiting the generality of the foregoing, the service of the cleric may include an appointment or appointments in one or more parishes as Assistant Curate on a stipendiary basis.
b) No Assistant Curate shall be appointed to a parish, unless the Churchwardens of the parish have authorized such position and the cleric to be appointed has been nominated by the Incumbent after consultation with the Churchwardens.
2.
a) An Assistant Curate shall be deemed to have resigned as such Assistant Curate to the Bishop upon the cure becoming vacant.
b) The employment of an Assistant Curate may be terminated at any time by the Bishop or by notice in writing, which notice may be given by the Incumbent. The Assistant Curate may in like manner terminate the engagement at any time by giving notice in writing to the Incumbent or, if the cure is vacant, to the Churchwardens. In the absence of other provisions in the Bylaws and/or Regulations, such notice shall be given at least ninety days before its effective date.
3. On ordination, a person shall be entitled to stipend and salary unless that person has agreed to waive entitlement and place in the stipend structure for clergy in the Diocese.
C.4.09 STIPENDS AND SALARIES
1. From and after the first day of January 1975, stipendiary clergy shall be paid a salary under a Salary Structure approved by the Synod, and with rates for the component elements of the salary structure determined annually by the Diocesan Council as provided by Bylaw and Regulation.
2. EQUALIZED COST OF PRIESTLY SERVICES
From and after the first day of January 2011, parishes shall be assessed their Cost of Priestly Services according to the Equalized Cost of Priestly Services model approved by Synod 2010. The Equalized Cost of Priestly Services is the yearly calculation of the Cost of Priestly Services for each parish that integrates equalization (the sharing by parishes of the yearly seniority costs of stipendiary clergy) into its assessments. Parishes are informed of their Cost of Priestly Services by notice from the Director of Financial Ministry (Form 2) itemizing the monthly parish remittances to the Diocese.
3. CLERGY REMUNERATION BOARD
From and after the first day of January 1975, the salary for each stipendiary cleric shall be determined annually by the Clergy Remuneration Board as provided by Bylaws and Regulations. Every cleric shall have a right to have the cleric’s salary award reviewed in the cleric’s presence by the Board and the decision of the Bishop shall be final.
4. A cleric who is other than stipendiary and is appointed to full-time or part-time service shall be entitled to such stipend, honorarium or other remuneration as may be provided for by Bylaw or Regulation.
C.4.10 PENSIONS
The Synod and the Diocesan Council may enact Bylaws not contrary to the Canons or law regarding pensions for clergy and lay workers in the Diocese and for their spouses, dependents and children, having regard to the requirements of General Synod.
C.4.11. LICENSED LAY READERS
1. A person who has been baptized and confirmed and is a faithful member in full communion of the Anglican Church of Canada and who is recommended by the Incumbent of the parish of which that person is a member as to character and fitness to perform the office of Licensed Lay Reader may be appointed by the Bishop as a Licensed Lay Reader to hold office at the pleasure of the Bishop and to serve in a Parish under the direction of the Incumbent thereof. Such appointment shall be for five years and may be renewed by the Bishop.
2. When requested by the Bishop, or the Bishop’s representative, a Licensed Lay Reader may serve in a parish other than that of the Licensed Lay Reader, with the approval of the Incumbent of the Licensed Lay Reader’s parish and the Incumbent of the other parish.
3. The duties of a Licensed Lay Reader shall be:
a) to assist the Incumbent in the conduct of public worship and in the discharge of pastoral and catechetical duties in any way which the Incumbent may direct and to conduct public worship in the Incumbent’s absence, when so directed; and
b) to perform such other duties as may be required by the Bishop and as may be prescribed by Bylaw and/or Regulation.
C.5.01 THE PARISH AND BOUNDARIES
1. The Diocese of Ottawa is subdivided into such parishes as have been declared to be parishes by the Bishop and the respective boundaries of which are as have been recorded in the Synod Registers. Subject to the provisions of the applicable Statutes of the Provinces of Ontario and Quebec and subject to such procedures as may be prescribed by Bylaw, the boundaries of existing parishes may be varied, and parishes may be amalgamated, and new parishes and new congregations may be created by declaration of the Bishop, which declaration shall include a definition of the boundaries thereof and be recorded in the Synod Registers.
2. Pursuant to the Waterloo Declaration of 2001, the Bishop is specifically authorized to declare a new parish in the Diocese of Ottawa that is organized and governed as a separate incorporation or otherwise, and that is also recognized as a congregation within the Evangelical Lutheran Church in Canada. Such new Parish shall be fully a Parish within the meaning of the Canons, Bylaws and Regulations of the Diocese of Ottawa.
C.5.02 VESTRY
1. In all Churches or places of worship of the Anglican Church of Canada within the Diocese in which a Vestry shall have been organized before this Canon takes effect, such Vestry shall consist of the following members: All persons who are qualified and willing to sign the Declaration below, before voting or being elected to any office in the said Church, or to membership in the Synod of the Diocese and who sign the same if required to do so by any member of the Vestry.
“I solemnly declare that: I am a member of this congregation of the Anglican Church of Canada; I am of the full age of sixteen years; I am a regular worshipper with this congregation; I do not intend to vote as a member of any other Vestry in the election of Churchwardens or of Members of Synod during the ensuing year; and I am a supporter of this congregation by regular contributions to its maintenance.”
2. Whenever a new congregation of the Church is organized in the Diocese, the first Vestry thereof shall be formed of those members of the congregation who are qualified and willing to sign the declaration below: “I solemnly declare that: I am a member of this congregation of the Anglican Church of Canada; I am of the full age of sixteen years; I intend to be a regular worshipper with this congregation; I do not intend to vote as a member of any other Vestry in the election of Churchwardens or of Members of Synod during the ensuing year; I intend to be a supporter of this congregation by regular contributions to its maintenance.”
3. No one shall be qualified for the offices of Churchwardens, or deputy Churchwardens or otherwise to be a signing officer for any congregation who is less than 18 years of age.
C.5.03 MEETINGS
There shall be an annual meeting of each Vestry and such special meetings thereof as may be desired, the rights, duties and responsibilities and formalities of which shall be as may be prescribed by Bylaw.
C.5.04 CHURCHWARDENS
1. At the annual Vestry meeting or any adjournment thereof, one Churchwarden shall be appointed by the cleric in charge of the Parish to which the said Church belongs, and one other shall be elected by a majority of those present and entitled to vote at such Vestry meeting. If the cleric being present and entitled to vote at such Vestry meeting declines or neglects to nominate a Churchwarden, or if the said cleric being absent from such meeting neglects to appoint in writing a Churchwarden, then both then 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 appointed by the cleric.
2. As a general rule, no person shall be eligible for the office of Churchwarden except a member of such Vestry residing within twenty miles from such Church; and the Churchwardens shall hold office for one year from the time of their appointment, or until the nomination or election of their successors.
3. If any Churchwarden declines to accept office, or to act when called on by the cleric or Vestry, or is deprived of office, or resigns in writing to the cleric, or changes residence to twenty miles or more from the Church of which he or she was chosen Churchwarden, or becomes incapable to act, or is convicted of any indictable offence, or ceases to be a member of the Anglican Church of Canada, or of the Church or congregation for which he or she has been elected, or ceases to attend public worship in such Church or congregation for the space of six months, or dies, such 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 is vacated for any of the causes aforesaid, provided always that in any case of such new appointment by the cleric, such cleric may, if the cleric thinks fit, 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.
4. Where there is more than one congregation in any parish, one Vestry may be established for any one or more of such congregations, and in the case of more than one Vestry, Churchwardens may be appointed for each congregation, or for any two or more congregations as the Vestry or Vestries may determine.
5. The responsibilities and duties of the Churchwardens and any Deputy Churchwardens shall be as are from time to time prescribed by Statute, Canon, Bylaw and Regulation.
C.5.05 BUILDINGS
Church buildings and rectories shall be erected, bought, leased, maintained and used as may be prescribed by Bylaw except that no sale, rent or lease of the right to use of pews during services shall take place in the Diocese.
C.5.06 LAY MEMBERS OF SYNOD
1. Each parish shall be entitled to elect such of its members as may be prescribed by Bylaw and who are qualified therefore as Lay Members of Synod provided that each parish shall be entitled to elect not less than a total of two and not more than a total of six members in all.
2. The method of election of Lay Members of Synod and substitutes, therefore, their terms of office, the filling of vacancies and all other matters regarding Lay Members of Synod and their representation of the Parish shall be as may be prescribed by Bylaw.
C.5.07 FINANCES ET CETERA.
All matters regarding the finances of the Parish, the keeping of records therein, the making of reports, the rights and responsibilities and of the dealings between the members and the Incumbent shall be as may be prescribed by Bylaw.
C.5.08 APPLICATIONS/CONTRACTS WITH THIRD PARTIES
In the absence of the approval of the Synod or of the Diocesan Council, no congregation or parish shall act in such a way as to alter its status in relation to the Diocese, or to place the use, management or disposition of its temporalities beyond the control of that congregation or parish or of the Diocese; and any action taken or agreement entered into that affects status or use, management or disposition of temporalities as aforesaid shall be invalid unless or until approval of the Synod or the Diocesan Council is conveyed in writing to the Congregation or Parish concerned. Temporalities are taken to include real property as well as personal property, or moveables and immoveables.
BYLAWS OF THE ANGLICAN DIOCESE OF OTTAWA
Consolidated up to December 31, 2023
B.1.01 CITATION
Bylaws enacted pursuant to the Canons of the Incorporated Synod of the Diocese of Ottawa may be cited as the “Bylaws of the Diocese of Ottawa”.
B.1.01A INTERPRETATION
Unless otherwise defined, words and expressions used in these Bylaws have the same meaning as in the Canons.
B.1.02 DEFINITIONS
In the Bylaws and Regulations of the Diocese of Ottawa unless otherwise specified therein:
1. Where a number of days not expressed to be “clear days” is prescribed, the same shall be reckoned exclusively of the first day and inclusively of the last day; where the days are expressed to be “clear days” or where the term “at least” is used, both the first and last
days shall be excluded;
2. “Congregation” means a group of members of the Anglican Church of Canada or L’Eglise Anglicane du Canada who habitually meet together in a Parish with a minister authorized by the Bishop for services of worship at a place or places designated by the Bishop;
3. “Diocesan Bylaw” and “Bylaws” means a Bylaw of the Diocese of Ottawa;
4. All headings and marginal notes as to contents of a particular Bylaw and paragraphs in the Bylaws are inserted only for convenience and are in no way to be construed as a part thereof or as a limitation or expansion of the scope of the particular paragraphs or bylaws to which they refer;
5. “Regulations” means Regulations enacted pursuant to authority contained in the Canons of the Diocese of Ottawa;
6. A “sitting of Synod” means each uninterrupted meeting of Synod from the time that a meeting is called to order until adjournment and a “session of Synod” means all of the sittings of Synod for which Synod was called to meet by the convening notice;
7. A “cemetery means a body burial site or a site for the disposition of ashes and included, within its meaning, (a) a scattering ground and (b) a columbarium.
8. “Cemetery Board” means a board established pursuant to these Bylaws or a related Regulation for the purposes of managing a cemetery adjacent to, or affiliated with, a Parish.
B.1.03 [UPDATES]
1. Every enactment, repeal, amendment or re-enactment of a Bylaw or Regulation shall be reported to the annual meeting of the Synod next following, or to a special meeting of the Synod if called for the purpose of considering the same, and such report shall be contained as a separate item in the Convening Circular for that Synod.
2. Copies of every enactment, repeal, amendment, or re enactment of a Canon, Bylaw or Regulation shall be made available to update copies of Canons, Bylaws and Regulations held by Parishes in accordance with Bylaw 5.04(3) and to Diocesan Officers.
B.2.01 DUTIES OF SECRETARIES OF SYNOD
Should either or both of the Secretaries of Synod be unable or unwilling for any reason to carry out the duties assigned to them by Canon 2.02.2, those duties shall be assumed and undertaken jointly by the Director of Community Ministry and the Director of Financial Ministry.
B.2.02 EPISCOPAL PASTORAL LETTERS
1. The Bishop may from time to time issue Pastoral Letters to all licensed clergy in the diocese, which shall carry the pastoral authority of the Bishop.
2. Pastoral Letters shall be in effect unless amended or revoked by the Bishop and shall continue in effect into successive episcopacies until or unless amended or revoked by subsequent Bishops.
3. All Pastoral Letters shall be held on file in the episcopal office for reference.
B.2.03 FORMAL QUESTIONS FOR THE ELECTION OF A BISHOP
1. The Formal Questions shall be designed to:
a) permit the nominees to express their thoughts and feelings on pastoral, liturgical, sacramental, social and operational matters pertinent to the life of the Anglican Church in the Diocese of Ottawa and beyond;
b) permit the nominees to comment on their own talents and gifts that may be relevant to the office of Bishop.
2. The Formal Questions shall be developed by the Episcopal Election Committee in consultation with the Diocesan Profile Committee, and considering the Diocesan Profile.
3. The Episcopal Election Committee shall distribute a draft version of the Formal Questions to the Episcopal Officer and to Parishes and to the Diocesan Community Ministries for their review, inviting them to return comments on the proposed questions to the Committee no later than 10 days prior to the date of the Pre-Election Diocesan Council Meeting.
4. Following the above consultations, the Episcopal Election Committee shall finalize the Formal Questions and shall provide them to the Lay Secretary and the Clerical Secretary for tabling at the Pre-Election Diocesan Council Meeting.
5. The number of Formal Questions to be developed, and the establishment of any guidelines governing the format of responses, is at the discretion of each successive Episcopal Election Committee. Any such guidelines must remain consistent throughout the entire election process.
B.2.04 DIOCESAN PROFILE
1. The Diocesan Profile is a resource that shall assist the Diocese in the process of election of a Bishop.
2. The Diocesan Profile shall be a document approximately five pages in length, containing the following information about the Diocese of Ottawa:
a) statistical information including:
i) the number of parishes and their members (as in the annual statistical return);
ii) non parochial ministries of the Diocese;
iii) the number of active and retired clergy and licensed lay readers;
iv) the most recent audited financial statements and current budget;
v) geographical description; and
vi) leadership support for the Bishop, including paid support staff;
b) strengths of the Diocese;
c) sources of conflict in the Diocese;
d) challenges facing the Diocese in the near and more distant future; and
e) priorities of the Diocese.
B.2.05 DUTIES OF EPISCOPAL ELECTION COMMITTEE
1. The duties of the Episcopal Election Committee shall include the following:
a) to receive nominations, but the Episcopal Election Committee may not recruit nominees;
b) to prepare, and to seek input from the diocese as a whole, the Questions for the candidates;
c) to prepare and determine the content of nomination forms, including the written biographical, professional and personal information that is to accompany each submitted nomination form make available nomination forms;
d) to organize the regional Public Meetings;
e) to prepare and distribute written information about the nominees as required by the Canons; and
f) to make available, by way of the diocesan website or otherwise:
i) the most recent version of the Diocesan Profile, a list of gifts and talents that nominees may need;
ii) nomination forms;
iii) a copy of extracts from the Canons, Bylaws and Regulations pertaining to the election of a Bishop; and
iv) a schedule of dates, times and places for the Public Meetings.
2. The Episcopal Elections Committee shall invite any nominee whose nomination has been submitted by the First Nomination Deadline to provide a written response to the Formal Questions and to participate in the Public Meetings.
B.2.06 ROLE AND FUNCTION OF THE CHAPLAIN TO THE NOMINEES
1. Each nominee may appoint a personal Chaplain to provide pastoral and other support throughout the nomination process
2. Each nominee should notify the Secretaries of Synod of the name of the Chaplain appointed under section 1 at least seven days prior to the Election Date.
3. Provided that the Secretaries of Synod have been duly notified under section 2, any person appointed as a Chaplain of a nominee who is not already a member of Synod may nevertheless attend the Electoral Synod as a non-voting observer.
B.2.06.1 SUPPLEMENTARY NOMINATIONS COMMITTEE
1. In carrying out its purpose under Canon 2, the duties of the Supplementary Nominations Committee shall include the following:
a) in consultation with the Secretaries of Synod,
i) to solicit potential nominees for the office of Bishop from among eligible individuals who are not resident in the Diocese;
ii) after making best efforts to carry out its duties under paragraph 1(a)(i), to solicit potential nominees for the office of Bishop from among eligible individuals who are resident in the Diocese; and
iii) to solicit the advice of the members of the House of Bishops on potential nominees for the office of Bishop;
b) to prepare a slate of nominees for the office of Bishop in such form as may be prescribed by the Secretaries of Synod, and to submit that form to the Secretaries of Synod on or before the First Nomination Deadline; and
c) such other duties as may be assigned by the Diocesan Council.
2. In its written report submitted to Diocesan Council, the Supplementary Nominations Committee shall provide a summary of its decisions and an assessment of its ability to enhance the diversity of candidates in the electoral process.
B.2.07 PUBLIC MEETINGS PRIOR TO THE ELECTION OF A BISHOP
1. The Episcopal Election Committee shall convene public meetings for the purpose of introducing nominees for the office of Bishop to the Diocese.
2. There shall be a minimum of four (4) Public Meetings at locations selected throughout the Diocese for the purpose of making the meetings accessible to the majority of members of the Electoral Synod.
3. The format for each of the four Public Meetings should be consistent.
4. The Public Meetings shall take place not earlier than 21 days and not later than 7 days before the date of the Election.
5. A nominee who is unable to attend a Public Meeting for any reason, including but not limited to the expense of travel, may be represented by a video presentation or by other electronic means.
6. Only those those persons for whom a nomination has been submitted on or before the First Nomination Deadline may participate as a nominee for the office of Bishop in the Public Meetings.
7. In the event of a declaration of emergency by the government of the province of Ontario or Quebec having application to any part of the territory of the Diocese, the Episcopal Election Committee may reduce the number of Public Meetings convened for the purposes of this Bylaw and may direct that any such meetings shall be conducted electronically.
B.2.08 DUTIES OF THE MODERATOR
1. Each Public Meeting shall be chaired by the Moderator, who shall introduce each nominee present and invite him or her to address the meeting and to respond to questions, including questions suggested by audience members, as appropriate.
2. The Moderator of each Public Meeting shall exert reasonable effort to prevent nominees from engaging in debate with one another or with members of the audience.
B.2.09 DEADLINES GOVERNING FOR PREPARATION FOR THE ELECTION OF A BISHOP
The deadlines for completing the procedures relating to an Episcopal Election that are set in column 1 of the table to this section are set out in column 2
1. The Diocesan Profile Committee reviews and, if necessary, updates the Diocesan Profile.
2. The Diocesan Council:
a. appoints members of the Episcopal Elections Committee;
b. appoints members of the Diocesan Profile Committee;
c. appoints members of the Supplementary Nominations Committee; and designates the Pre-Election Diocesan Council Meeting
Within 30 days of the Date of the Call, being the day on which the Episcopal Officer summons the Electoral Synod pursuant to Canon 2.08.1
3. The Diocesan Profile Committee and the Episcopal Elections Committee meet to consider the Diocesan Profile, identify gifts and talents that nominees may need, and other matters, for the purpose of developing the Formal Questions
4. The Episcopal Elections Committee shall make the following documents available to Parishes and Diocesan Community Ministries and to the Episcopal Officer:
a. the Diocesan Profile;
b. a list of identified talents or gifts
c. the nomination forms developed by the Episcopal Elections Committee;
d. a copy of relevant provisions of Canons, Bylaws and Regulations relating to the election of a Bishop;
e. planned dates for the Public Meetings; and
f. draft versions of the Formal Questions.
Within 45 days of the Date of the Call
5. The Episcopal Elections Committee distributes draft version of the Formal Questions to the Episcopal Officer, Parishes and Community Ministries, and Parishes and Community Ministries submit comments on draft Questions to the Committee.
100 or more days before the Election Date
6. At the Pre-Election Diocesan Council Meeting, the Diocesan Council reviews and comments on the draft Formal Questions submitted by the Episcopal Elections Committee.
91 or more days before the Election Date
7. The Episcopal Elections Committee finalizes and provides the Formal Questions to the nominees.
61 or more days before the Election Date
8. The Episcopal Elections Committee shall invite any nominee, in respect of whom a nomination has been received by the end of day on this date – the First Nomination Deadline – to provide a written response to the Formal Questions and to participate in the Public Meetings.
35 days before the Election Date
9. All nominees whose nominations have been received on or before the First Nomination Deadline must submit their written responses to the Formal Questions to the Secretaries of Synod.
31 days before the Election Date
10. The Episcopal Election Committee must distribute to the Synod members and to the Episcopal Officer, and otherwise make available on the diocesan website, the names of all nominees whose nominations have been received on or before the First Nomination Deadline, their relevant biographical and professional information, and the written responses to the Formal Questions that have been provided by those nominees, as well as a reminder of the dates and locations of the Public Meetings.
Between 30 and 22 days before the Election Date
11. The Public Meetings are convened.
Between 21 and 7 days before the Election Date
12. Upon receipt of nominations following the adjournment of the last Public Meeting and before the calling to order of the Synod, the Secretaries of Synod distribute to Synod members and to the Episcopal Officer, and otherwise make available on the diocesan website, the names of all those nominees , as well as relevant biographical and professional information.
Between the day following the day of the last Public Meeting and the calling to order of the Election Date
13. Nominees must inform the Secretaries of Synod of the name of the chaplain they have appointed under B. 2.06 in order for that person to attend the Electoral Synod as a non-voting
observer.
7 days before the Election Date
B.2.10 EPISCOPAL REMUNERATION AND BENEFITS
1. Subject to Bylaws 2.10.2 and 2.10.3, the remuneration and benefits provided to the Bishops shall be determined in the same manner as provided for stipendiary clergy under Bylaw 4.05.2 as if the Bishops were stipendiary clergy for the purposes of that Bylaw.
2. The remuneration of the Bishop shall include the following allowances:
a) in lieu of housing provided by the Diocese, a housing allowance in the amount representing the maximum housing allowance rate established for stipendiary clergy under Bylaw 4.05.2;
b) a transportation allowance comprising:
i) an amount representing the basic transportation allowance established for stipendiary clergy under Bylaw 4.05.2; and
ii) a supplementary amount equal to fifty per cent of the amount referred to in subparagraph (i); and
c) such additional allowances as may be provided to the Bishop with the approval of the Diocesan Council, on the recommendation of the Director of Financial Ministry.
3. The Bishop shall not participate in any meeting of the Clergy Remuneration Board referred to in Bylaw 4.05 during which the remuneration of the Bishop is being discussed or determined and, during any such meeting, the Dean shall assume the responsibilities assigned to the Bishop under Bylaw 4.05.2(e).
4. The Bishops shall be eligible for the General Synod Pension Plan referred to in Bylaw 4.08.
5. The Bishops shall be entitled to participate in The General Synod Group Life Insurance Plan referred to in Bylaw 4.09.
6. Subject to Bylaw 2.10.7, the Bishop-Elect shall be entitled, as of the 30th day after his or her election, to take leave with pay until such time as he or she is installed as Bishop.
7. In the event that the Bishop-Elect is not a clerical member of Synod, the Bishop-Elect shall be entitled, as of the 30th day after his or her election, to a salary equal to the current salary of the Bishop, payable on a prorated basis until such time as he or she is installed as Bishop, provided that the Bishop-Elect receives no other remuneration during that time.
B.3.01 LAY MEMBERS OF SYNOD
1. Within ten days after the election of a Lay Member of Synod at a meeting of the Vestry of any Parish, the Incumbent of that Parish, or in his or her absence the Chairperson of that meeting, shall furnish to the Secretaries of Synod a certificate of such election in form prescribed by Regulation.
2. The Chairperson of the Vestry meeting referred to in Section (1) shall furnish to each Lay Member a certificate similar to that to be forwarded by the Chairperson to the Secretaries of Synod. Every person presenting himself or herself as a Lay Member at a Session of Synod, if requested to do so, shall produce that certificate or a duplicate original thereof before taking his or her seat, and shall provide sufficient proof of his or her identity.
3. Any Lay Member of Synod may resign his or her office by giving notice to that effect to the Incumbent of the Parish which elected him or her, and such Incumbent shall forthwith communicate such resignation to the Secretaries of Synod, and such resignation shall be effective upon receipt of such communication by the Secretaries of Synod.
4. Should a Lay Member die, resign or for any reason become disqualified or unable to attend any Session of Synod or any sitting thereof, the Rector and Wardens of the Parish may designate to act at that session or sitting in the place and stead of that Lay Member one of the Alternate Lay Members elected by the Vestry that elected that Lay Member, or if no such Alternate Lay Member was so elected, another qualified person to so act.
5. Where the Incumbent of the Parish has, not later than the day preceding the first day of a Session of Synod, notified the Secretaries of Synod of a designation made pursuant to Section (4) and has provided the said Secretaries with the name and address of the Alternate Lay Member and of the Lay Member in whose place he or she is to act, the provisions of Sections (1) to (4) inclusive shall apply mutatis mutandis to an Alternate Lay Member designated as in this Bylaw provided.
6. Where an Electoral Synod is held prior to the fifteenth day of May in any given year, the Lay Members of the Electoral Synod shall be the same persons as were Lay Members of Synod at the regular annual Session of Synod held in the immediately preceding calendar year. Those persons shall continue as Lay members of the Electoral Synod until such time as a Bishop is elected in a manner consistent with Canon 2.
B.3.02 CREDENTIALS COMMITTEE
The Chancellor and the Secretaries of Synod shall examine certificates and statistical and other returns and shall prepare and submit to the Synod on the first day of its session the List of Clergy and Lay Members entitled by the Canons, Bylaws and Regulations to sit and vote in the Synod, and shall submit to the Synod a report upon any irregularities in connection with these or other matters that may affect the right of any member of the Clergy or Lay Member to a seat in Synod.
B.3.03 CHAIRPERSON OF SITTING
The Bishop, or a person present and designated by him or her, shall be Chairperson of each sitting of a session of the Synod. If the Bishop be absent, and has not named a Chairperson, who is present, the Synod shall elect a Chairperson.
B.3.04 ELECTION TO GENERAL AND PROVINCIAL SYNODS
1. In this Bylaw, “General Synod” means the General Synod of the Anglican Church of Canada and “Provincial Synod” means the Provincial Synod of the Anglican Church of Canada for the Ecclesiastical Province of Ontario.
2. The prescribed number of Clerical and Lay Members of the General Synod and of the Provincial Synod shall be elected by ballot at the regular annual Session of the Synod held in the calendar year immediately preceding the year in which the General or Provincial Synod is to meet, and for which they are to be elected. Those having the highest number of votes shall be the members, and those receiving the next highest number of votes shall be the alternates to take the place of any members who die or who from sickness or other cause are unable to serve. If no alternate is available, a Clerical or Lay Member of the Diocesan Council, as the case may require, shall be designated by the Bishop to fill the vacancy.
3. At least 21 days prior to the meeting of the General Synod or Provincial Synod for which he or she is elected, the Secretaries of Synod shall notify each member that he or she is expected to attend the meeting of that Synod, and if he or she is unable to do so, the member shall declare this without delay. In case of the death or inability to attend of any member, the said Secretaries shall forthwith notify in a similar manner the alternate member entitled to fill the vacancy and continue such notifications until the full number of members is obtained.
4. Clerical members and Lay members of General and Provincial Synods and the Diocesan Council shall be elected by the Clergy and Lay Members of Synod voting together.
5. a) The election of the members shall be certified under seal by the hand of the Bishop (or in his or her absence by the Secretaries of Synod under the seal of the Synod) and the certificate shall be forwarded by the said Secretaries to the Secretaries of the Lower House of the General Synod or Provincial Synod, as the case may be, within 14 days of such election.
b) In the event that any member mentioned in such certificate is unable to attend, a Certificate to this effect signed by the Bishop (or in his or her absence by the Secretaries of Synod) naming the member who is unable to attend and the person authorized to act in his or her stead shall be sent to the Secretaries of the Lower House of the General Synod or Provincial Synod as the case may require.
B.3.05 SENIOR EXECUTIVES OF THE DIOCESE
1. EXECUTIVE ARCHDEACON
The principal objective of the appointment of an Executive Archdeacon is to free up the Bishop to pursue pastoral concerns. The Executive Archdeacon shall be responsible to the Bishop for general management of the Diocese, for coordination of its pastoral, programme and administrative activities, for developing in consultation with the Bishop a personnel policy for clergy throughout the Diocese and for personnel coordination therein, as well as such other duties as the Bishop may from time to time assign to him or her.
2. DIRECTOR OF FINANCIAL MINISTRY AND DIRECTOR OF COMMUNITY MINISTRY
In addition to the officers referred to in Canon 3.04, there shall be a Director of Financial Ministry and a Director of Community Ministry who shall be persons proposed by the Executive Archdeacon for nomination of the Bishop and the appointment of the Diocesan Council to hold office and to have such duties as may be provided for by Bylaws and Regulations. Each of the Directors shall ex officio be a member of the Synod.
3. DEPUTY DIRECTOR OF COMMUNITY MINISTRY
There may be a Deputy Director of Community Ministry who shall be a member ex officio of the Synod. The Deputy Director shall be appointed by the Director of Community Ministry in consultation with the appropriate persons.
4. TREASURER OF THE DIOCESE
The Diocesan Council shall, with the recommendation of the Executive Archdeacon and with the concurrence of the Bishop, appoint a Treasurer for the Diocese for such period and upon such terms as it shall determine. It shall be the duty of the Treasurer to advise the Bishop, the Diocesan Council, the Synod, the Executive Archdeacon and the Director of Financial Ministry in respect of the financial affairs of the Diocese and Synod, as well as being ex officio a member of the Diocesan Council and any other committee or organization of the Diocese concerned with or responsible for the expenditure of money, for the purpose of consultation and liaison. The Treasurer may be designated as Treasurer or Honorary Treasurer, and he or she shall be the Chairperson of the Committee of the Diocese known as the Property and Finance Committee.
5. ASSISTANT TREASURER OF THE DIOCESE
An Assistant Treasurer, elected or appointed to office in accordance with the Regulations, shall assume the responsibilities of the Treasurer in his or her absence unless otherwise provided, and shall, in each year that he or she is a member of the Diocesan Council, also be a member ex officio of the Synod.
6. DUTIES OF THE DIRECTOR OF FINANCIAL MINISTRY
The Director of Financial Ministry shall be responsible for the financial and other business administration of the Diocese under the direction of the Executive Archdeacon and along with the Chairperson of the Property and Finance Committee shall report and make recommendations from time to time to the Diocesan Council respecting such matters; and the Executive Archdeacon and the Chairperson of the Property and Finance Committee as well as the Director of Financial Ministry shall ensure that the policy and other general directions of the Diocesan Council respecting such matters are fulfilled.
7. DUTIES OF THE DIRECTOR OF COMMUNITY MINISTRY
The Director of Community Ministry (or in his or her absence the Deputy Director of Community Ministry, unless otherwise provided) shall be responsible for the Christian work and programme activities of the Diocese under the direction of the Executive Archdeacon and along with the Chairperson of the Parish Ministry Development Committee shall report and make recommendations from time to time to the Diocesan Council respecting such matters. The Executive Archdeacon and the Chairperson of the Parish Ministry Development Committee, as well as the Director of Community Ministry, shall ensure that the policy and other general directions of the Diocesan Council respecting such matters are fulfilled.
8. SECRETARIES OF SYNOD
The Secretaries of Synod shall be the Honorary Secretaries of the Synod for the purposes of any Statutes of Ontario or Quebec relating thereto.
9. OTHER OFFICERS
(a) The Bishop may, subject to paragraph (c), appoint:
(i) a Director of Communications and Stewardship Development;
(ii) a Director of Human Resources;
(iii) a Director of Property and Asset Management; and
(iv) such other officers as the Bishop considers necessary,
to hold office and to have such duties as may be provided for by Bylaws or Regulations or as may be determined by the Bishop.
(b) Any officer appointed under this provision shall be a non-voting member of the Synod.
(c) Any appointment made under this provision that necessitates an increase in the budget must be approved by the Diocesan Council.
B.3.06 SEAL AND ARMS OF SYNOD
The Archivist shall have custody of the Seal of the Synod and the Arms of Synod.
B.3.07 DIOCESAN COUNCIL NOMINATIONS PROCESS
1. Nominations shall be based on established criteria which may be found in Diocesan policy guidelines and which may from time to time be amended on consultation with the Diocesan Council.
2. Nominations to the Diocesan Council shall be sought from the following sources:
a) by nomination of the Governance Committee;
b) by nomination of the Archdeacons;
c) by nomination of a member of Synod including Accompanying Statement of Support, or
d) by self nomination including Accompanying Statement of Support.
3. In an open meeting, the Governance Committee (or its subcommittee) shall review all nominees and, based on a Council composition matrix, shall develop a slate of candidates for review and endorsement by the Diocesan Council. The full list of nominees shall also be available to the Diocesan Council.
4. The slate of candidates shall be published prior to Great Chapters meetings for review and feedback.
5. The Governance Committee shall make revisions to the slate based on feedback from the Great Chapters meetings.
6. Synod shall provide final confirmation of Council membership by majority vote.
B.3.08 DUTIES OF THE DIOCESAN COUNCIL
1. The Diocesan Council shall coordinate the work of all Committees and subject to any Bylaw or Regulation to the contrary shall appoint the members of all Committees.
2. In partnership with the Bishop, the Diocesan Council is accountable to Synod and has responsibility and authority for the diocese as defined in the Canons, Bylaws and Regulations. In particular, but not limited to, the Diocesan Council is accountable, either directly or through its committees for:
a) developing long term goals and plans for the development of the diocese, as well as mechanisms to review progress against the strategic plan and other diocesan goals;
b) providing overall strategic guidance to the diocese including endorsing the strategic direction, priorities and allocation of resources in line with the strategy;
c) monitoring and assessing performance against key targets and objectives;
d) developing and maintaining principles and processes for effective governance;
e) ensuring there is effective management of finances and risk;
f) providing advice on and assisting with the engagement of parishes and parishioners as well as members of the broader community; and
g) approving policies and practices for the diocese and recommending modifications to the Canons, Bylaws and Regulations to Synod.
3. MEETINGS
a) The Diocesan Council shall meet formally four to six times in the year at the call of the Bishop, and one such meeting shall be held within 30 days immediately following the last day of the Annual Session of Synod.
b) Special meetings of the Council may be called at any time by the Bishop.
c) All items for the agenda are to be provided to the Lay Secretary and the Clerical Secretary at least fourteen days prior to the date of the meeting.
d) At least one week’s notice shall be given for the holding of meetings and a summary of the matters to be brought before the meeting shall be enclosed with the required notice.
e) Absence from more than three consecutive regular meetings of the Diocesan Council shall result in that member, other than an ex officio member, being deemed to have tendered his or her resignation to be effective upon acceptance thereof by the Diocesan Council.
4. QUORUM
Eleven members shall form a quorum for the transaction of business.
3. VACANCIES
When any member of the Diocesan Council other than an ex officio member or member appointed by the Bishop dies or resigns as a member of Diocesan Council, or when there is any vacancy in the membership of the Diocesan Council, the Diocesan Council, upon the advice of the Government Committee, may elect a successor or person to fill such vacancy who shall hold office as a member of the Diocesan Council for the duration of the unexpired term.
5. CHAIRPERSON
The Bishop shall be the Chairperson of the Diocesan Council. The Dean shall serve as Vice Chairperson.
7. DECISION-MAKING AUTHORITY
The Diocesan Council exercises the authorities granted to it in the Canons, Bylaws and Regulations. Council retains final decision-making power in these matters except where it has expressly delegated decision rights to one of its committees or a member of the Diocesan staff. Committees may not further subdelegate authorities without the permission of the Diocesan Council.
B.3.09 COMMITTEES OF THE DIOCESAN COUNCIL
1. There shall be the following standing committees of the Diocesan Council, which shall be constituted and have responsibilities, and whose members shall hold office, as in these Bylaws set forth namely:
a. Audit Committee;
b. Community Ministries Committee;
c. Education Committee;
d. Governance Committee;
e. Partnership Committee;
f. Property and Finance Committee; and
g. Risk Management Committee.
1A. Each Standing Committee is accountable to Diocesan Council and has authority as delegated by the Diocesan Council on matters related to programs, services and budgets within the Committee’s mandate.
1B. The Diocesan Council may, by Regulation, confer responsibilities on each Standing Committee in addition to those responsibilities set out in these Bylaws.
2. The Diocesan Council may, by Bylaw, Regulation or resolution, establish further or other committees thereof as may be considered expedient from time to time, and prescribe the constitution, duties, responsibilities and Terms of Reference of such committees.
3. Composition of committees.
Committees shall be composed of a set number of members as outlined in their respective Terms of Reference. According to their Terms of Reference, each committee shall be comprised of a combination of Diocesan Council members and non-Diocesan Council members, with at least two and not more than one-third of the committee being Diocesan Council members.
4. Committees shall, in their respective areas of activity, advise the Bishop and the Diocesan Council and, subject to this Bylaw and the Regulations, carry out other duties as may be assigned to them by the Diocesan Council. Any Committee may establish rules of procedure for its operation including establishing subcommittees, which are not contrary to the Canons, Bylaws and Regulations of the Diocese. Committees shall be generally responsible for the work of the subcommittees in reporting to the Diocesan Council.
5. Members of a Committee to be appointed thereto by the Diocesan Council shall be so appointed preferably at the first meeting of the Diocesan Council following each annual Session of Synod.
6. In the event of the death or resignation of an appointed member of a Committee, the Diocesan Council may appoint another qualified person to act in the place and stead of
the member who has died or resigned for the unexpired term of that member’s office as such member.
7. Sixty percent of the members of any Committee or subcommittee shall, except where otherwise provided by a Diocesan Bylaw or Regulation, form a quorum of that Committee for the transaction of business at any meeting thereof; but in no event shall a quorum of any Committee consist of fewer than two members of that Committee.
8. A member of a Committee may be reappointed immediately upon the expiration of his or her term of office, provided that, except in the case of a person who is ex officio a
member thereof, generally no person shall hold office as an appointed member of a Committee for more than two consecutive three-year terms.
9. Absence from more than three consecutive meetings of any Committee shall result in that member, other than an ex officio member, being deemed to have tendered his or her resignation to be effective upon acceptance thereof by that Committee.
10. The Bishop, or any Coadjutor, Suffragan or Assistant Bishops of Ottawa, or the Executive Archdeacon, may at his or her request be furnished with copies of the Agendas and Minutes of any meeting of any committee or organization of the Diocese.
11. The Director of Community Ministry and the Director of Financial Ministry may attend any meeting of any committee concerned with matters within their respective areas of responsibility for the purpose of supplying information and assistance.
B.3.10 AUDIT COMMITTEE
1. The mandate of the Audit Committee is
a) to assist the Diocesan Council in fulfilling its oversight responsibilities for the financial reporting process, the system of internal controls, internal audit, and processes for monitoring compliance with applicable laws;
b) to ensure the Diocese has appropriate information for the management of risks and sound decision making; and
c) to provide oversight with respect to financial risk assessments and accounting and financial reporting policies and practices of the Diocese.
2. In addition to other responsibilities conferred under the Regulations, the responsibilities of the Audit Committee include the following:
a) to monitor the quality and integrity of the accounting and financial reporting process, and the systems of internal control through discussions with management and the external auditors;
b) to oversee the quality and objectivity of the financial statements and the independent audit thereof;
c) to review the results of the external audit, any areas of financial risk as a result of a review of the internal controls, any significant problems encountered in performing the audit, and management’s response or action plan related to any Management Letter issued by the external auditors and any significant recommendations contained therein; and
d) to act as a liaison between the independent auditors and the Diocesan Council.
3. The Audit Committee shall be composed of a minimum of four members. Of those,
a) at least one member shall be clergy;
b) at least one member shall be a lay person;
c) at least one member shall be drawn from the rural regions of the Diocese; and
d) at least one member shall be experienced in each of the following areas:
i) accounting, and
ii) all aspects of financial risk management.
4. The Audit Committee may meet at any time the Chairperson considers it necessary, but shall meet formally at least twice in each year.
5. The Audit Committee shall have the resources and authority appropriate for purposes of discharging its responsibilities, including the authority to consult with counsel and to retain such experts or consultants at the expense of the Diocese as the Committee deems necessary or appropriate to discharge those responsibilities.
B.3.11 COMMUNITY MINISTRIES COMMITTEE
1. The mandate of the Community Ministries Committee, formerly known as the Community Ministry Development Committee, is
a) to assist the Diocesan Council in strengthening, broadening and enriching the Diocese’s ability to serve God’s world; and
b) to provide leadership and oversight to the current and future programs of the Community Ministries.
2. The Community Ministries Committee shall be composed of a maximum of twelve members. Of these,
a) at least two members and not more than one-third must also be members of the Diocesan Council;
b) at least one member shall be clergy;
c) at least one member shall be a lay person;
d) at least one member shall be drawn from the rural regions of the Diocese; and
e) at least one member shall be experienced in each of the following areas:
i) social work or social justice,
ii) fund raising,
iii) law,
iv) financial management,
v) government relations,
vi) human resources management, and
vii) operations management.
3. The Community Ministries Committee may meet at any time the Chairperson considers it necessary, but shall meet formally at least six times in each year.
4. The Community Ministry Directors and Executive Directors may normally attend committee meetings but shall attend in camera sessions only at the discretion of the Chairperson.
B.3.12 EDUCATION COMMITTEE
1. The mandate of the Education Committee is to provide educational resources and learning opportunities while encouraging innovative approaches to learning and aiming to provide equal access to resources across all parishes.
2. The Education Committee shall be composed of a maximum of ten members. Of these,
a) at least two members and not more than three members shall also be members of the Diocesan Council;
b) at least one member shall be clergy;
c) at least one member shall be a lay person;
d) at least two members shall be drawn from the rural regions of the Diocese; and
e) at least one member shall be experienced in the areas of education or training.
3. The Education Committee may meet at any time the Chairperson considers it necessary, but shall meet formally at least four times in each year.
B.3.13 GOVERNANCE COMMITTEE
1. As delegated by the Diocesan Council, the mandate of the Governance Committee, formerly known as the Governance and Communications Committee, is:
a) to assist the Diocesan Council in ensuring it has efficient and effective governance practices in place;
b) to be responsible for developing and maintaining principles and processes for effective governance; and
c) to oversee activities related to governance, nominations, governance assessments and Committee mandates and profiles.
2. The Governance Committee shall be composed of a maximum of eight members. Of these,
a) one shall be the Clerical Secretary and at least one other shall be clergy;
b) one shall be the Lay Secretary and at least one other shall be a lay person;
c) not more than one-third shall be voting members of the Diocesan Council;
d) at least one shall be drawn from the rural regions of the Diocese; and
e) at least one shall be experienced in the area of governance.
3. The Governance Committee may meet at any time the Chairperson considers it necessary, but shall meet formally at least four times in each year.
4. The Clerical Secretary and the Lay Secretary shall be the Chairperson and vice-chairperson, respectively, of the Governance Committee.
5. The following are subcommittees of the Governance Committee, whose membership and Terms of Reference shall be determined by Regulation:
a) the Synod Management Subcommittee; and
b) the Canon, Bylaws and Regulations Subcommittee.
B.3.14 PARTNERSHIP COMMITTEE
1. The mandate of the Partnership Committee is to assist the Diocesan Council in coordinating the Diocese’s engagement with the world through partnerships with external organizations.
2. For the purpose of this article B.3.14 and any related regulation,
a) a “partnership” is a relationship established between the Diocese and any partner for the purpose of furthering the mission of the Diocese and supporting one or more of the Five Marks of Mission of the Anglican Communion;
b) a “partner” is an entity, community or organization that is external to the Diocese, and that is not an individual, with whom the Diocese has chosen to be in an intentional and mutual relationship.
3. The Partnership Committee shall be composed of a maximum of six members. Of these,
a) at least two and not more than three shall be members of the Diocesan Council;
b) at least one shall be clergy;
c) at least one shall be a lay person; and
d) at least one shall be drawn from the rural regions of the Diocese.
4. The Partnership Committee may meet at any time the Chairperson considers it necessary, but shall meet formally at least twice each year.
B.3.15 PROPERTY AND FINANCE COMMITTEE
1. The mandate of the Property and Finance Committee, formerly known as the Financial Affairs Committee, is
a) to assist the Diocesan Council in fulfilling its oversight responsibilities for the financial and administrative matters of the Diocese, including but not limited to matters related to property, investments, insurance and Parish Fair Share; and
b) to ensure effective management of finances.
2. The Property and Finance Committee shall be composed of a maximum of ten members. Of these,
a) at least two and not more than one-third shall be members of the Diocesan Council;
b) at least one shall be clergy;
c) at least one shall be a lay person;
d) at least two shall be drawn from the rural regions of the Diocese or small parishes; and
e) at least one member shall be experienced in each of the following areas:
i) finance,
ii) law,
iii) insurance,
iv) construction or project management, and
v) investments.
3. The Chancellor or a Vice Chancellor, the Director of Financial Ministry and the Director of Property and Asset Management are ex officio non-voting members of the Property and Finance Committee.
4. The Chairperson of the Audit Committee may attend all meetings of the Property and Finance Committee.
5. The Property and Finance Committee may meet at any time the Chairperson considered it necessary, but shall meet formally at least eight times each year.
6. All committee meeting documents shall normally be provided to members for review at least seven days in advance of the meeting date.
B.3.16 RISK MANAGEMENT COMMITTEE
1. The mandate of the Risk Management Committee is to assist the Diocesan Council in fulfilling its oversight responsibilities regarding the assessment and management of all areas of potential risk, including non-financial dimensions of risk, such as strategic risk, operational risk, reporting and disclosure risk and reputational risk.
2. The Risk Management Committee shall be composed of a maximum of eight members. Of these,
a) at least two and not more than three shall be members of the Diocesan Council;
b) at least one shall be clergy;
c) at least one shall be a lay person;
d) at least one shall be drawn from the rural regions of the Diocese; and
e) at least one shall be experienced in the area of risk management.
3. The Risk Management Committee may meet at any time the Chairperson considers it necessary, but shall meet formally at least four times each year.
B.3.17 [VACANT]
B.3.18 APPOINTMENT OF AUDITORS
1. The members of Synod at each Annual Meeting thereof shall appoint an Auditor or Auditors who shall be Chartered Accountants duly licensed in the province in which they practice, and who shall be engaged upon terms to be fixed by the Diocesan Council, and who shall hold office until the end of the Annual Meeting of Synod next following the meeting thereof at which the appointment was made or until a successor is appointed.
2. The Auditor shall make such examinations as will enable him or her to report to the members of Synod as required under section (3) of this Bylaw.
3. The Auditor shall report to the members of Synod whether in his or her opinion the financial statements present fairly the financial position of the Diocese and the results of its operations for the period under review in accordance with generally accepted accounting principles applied on a basis consistent with that of the preceding period.
4. The Auditor shall include in the report to the members of Synod such statements as he or she considers necessary:
a) if the financial statements of the Diocese are not in agreement with its accounting records;
b) if he or she has not received all the information and explanation he or she has required, and
c) if there are any matters in his or her opinion that should be brought before Synod.
B.3.19 DIOCESAN COURT
1. The Court of the Diocese of Ottawa, herein referred to as the “Court”, shall consist of:
a) the Bishop (or in the case of absence, the Commissary), who may decide on a discretionary basis, the degree of his or her involvement in each case, subject to the provisions in Sections (2) and (4) below;
b) the Chancellor (or in the case of absence, the Vice Chancellor), ex officio, who must be present but not as a participating member of the court, and
c) three members of the Clergy and two lay Members of Synod, to be appointed by the Diocesan Council to hold office for one year or until their successors have been appointed.
2. Three members of the Court shall form a quorum for any sitting thereof provided that one of these members is a senior clergy person. Neither the Bishop nor the Chancellor may form part of the quorum.
3. Any vacancy that may occur in the membership of the Court during the year due to death, resignation or other incapacity of a member, shall be filled by the Diocesan Council. A person so appointed to fill a vacancy so occurring shall hold office only during the remainder of the term of office of the person whose place as a member of the Court was so vacated.
4. The Court shall be presided over by a person appointed and designated in writing by the Bishop. Such person should be familiar with the structure of the Anglican Church of Canada. Neither the Bishop nor the Chancellor may preside over the Court.
5. There shall be a Registrar of the Court who shall be appointed by the Diocesan Council and who shall carry out such duties and have such responsibilities as may be assigned by the Court.
6. The Court may, from time to time, make such rules and prescribe such forms as the Court may deem expedient and are not inconsistent with this Bylaw for regulating the practice and procedure of the Court, in carrying out the objects of Canon 3.11, and of this Bylaw; and the Court may, from time to time, suspend, repeal, vary or revive such rules; and shall likewise determine the remuneration, if any, payable out of the funds of
the Synod which the Registrar of the Court shall receive for services rendered as such Registrar.
7. JURISDICTION
The Court shall have jurisdiction over any member of the Church within the Diocese pursuant to Canon 3.11(1) for offences 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, pursuant to Canon 3.11(3).
8. The Court shall also determine any questions which may be referred to it by the Bishop as to the sufficiency of his or her reason for refusing a Bene Decessit or Letters Testimonial to a Cleric on removal from the Diocese.
9. PROCEDURE
A charge may be preferred against a person referred to in Section (7) of this Bylaw for any of the offences therein mentioned, by any member of the Church, clerical or lay, provided that no charge in respect to preaching or teaching, or circulating erroneous doctrines, or the introduction of innovations or novelties in the performance of Divine Worship (other than such as may be authorized by the Bishop), shall be entertained against any Cleric unless the same shall be certified by at least three members of the Church, resident in the Diocese and being communicants of at least one year’s standing, or the Bishop of the Diocese may prefer such a charge.
10. A charge preferred pursuant to Section (9) shall be in writing, shall be lodged with the Bishop and copy thereof forthwith transmitted to the accused.
11. If the party accused admit the truth of the charge, and requests the Bishop to deal with the same in a summary way, the Bishop may thereupon adjudge the party to be guilty, and shall award such punishment under this Bylaw as in his or her judgment and discretion the Bishop may think adequate to the offence and shall attach a record of the judgment and sentence and the answer, if any, of the party against whom the complaint is made, to the charge, and file the same for record purposes with the Registrar of the Court, who shall forthwith transmit to the complainant and the party charged a copy of such decision and sentence. Judgment and sentence pronounced pursuant to this Section shall be deemed the judgment and sentence of the Court.
12. If the party accused does not admit the charge, he or she may within 14 days lodge with the Bishop a written denial thereof. Should the party accused and the person or persons preferring the charge state in writing that they are willing to submit to the discretion of the Bishop touching the matter in such manner as he or she shall think fit, the Bishop shall pronounce judgment, and shall issue such admonition, if any, as he or she may think proper; provided that such judgment so pronounced by the Bishop shall be considered as finally disposing of that particular charge but not determining any question of law or interpreting any Canon or Bylaw or Regulation thereunder.
13. If the charge be not admitted within 14 days after the same has been transmitted to the accused, or if a denial thereof has been lodged and there has been no submission to the discretion of the Bishop, as in Section (12), the Bishop shall forthwith, after the expiration of such fourteen days, transmit to the Registrar of the Court the charge and denial, if any; and the Registrar shall file the same on record, and shall notify the members of the Court of the date fixed for the session thereof when the charge shall be heard, and he or she shall provide each member of the Court with copies of the charge and the denial; and the Court shall proceed to try the matter in controversy. If the accused be acquitted, a judgment of acquittal shall be pronounced; and if he or she be convicted, the Bishop shall, after consultation with the other members of the Court, pass such sentence, and impose such punishment as to the Bishop shall, under the circumstances, seem proper.
14. INVESTIGATION
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 of the complaint shall, subject to Sections(11), (12) and (13), be given, heard and made before and by the Court.
15. WITNESSES
a) The witnesses at any trial shall be examined viva voce before the Court, and their evidence shall be taken down in shorthand and the witness shall be required to sign a declaration, in the form prescribed by the “Canada Evidence Act”, to the following effect: “I declare that all answers made to questions asked me before the Court, are true and correct, and contain the truth, the whole truth, and nothing but the truth”.
b) COMMISSION EVIDENCE
In case of absence from the Diocese of any witness, his or her evidence with leave of any two members of the Court may be taken by a Commission appointed by any two members of the Court.
16. COUNSEL
An accused person and the person preferring charges against him or her may appear upon any application to the Court by counsel duly admitted to practise in the Supreme Court of Justice of Ontario, or the Superior Court of Quebec.
17. DECISION
The decision of the Court, and the sentence thereof, or of the Bishop, shall be in writing and shall be entered in a book to be kept by such Registrar for that purpose.
18. SUBMISSIONS AS TO SENTENCE
Upon a plea of guilty, or submission to the Bishop, or after receipt of the decision of the Bishop’s 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.
19. PENALTIES
a) All persons found to have committed an offence under Canon 3.11 are entitled to have the penalty imposed against them within 30 days of the determination that they committed an offence, subject to a stay of the imposition of a penalty in the event of an appeal.
b) All persons found guilty of an offence under Canon 3.11 shall be liable to:
i) admonition, either public or private;
ii) suspension from the exercise of his or her office;
iii) deprivation or deposition; or
iv) degradation from the Ministry.
20. SUSPENSION
When the penalty of suspension is inflicted, the sentence shall specify on what terms and during what period the suspension shall continue. During the suspension a Cleric shall not exercise the functions of his or her ministry in his or her own congregation or elsewhere on pain of such further punishment or extension of the term of the suspension as the Bishop may determine; and during such suspension the Bishop may appoint another Cleric to supply the place of the suspended Cleric. When sentence of suspension is pronounced, the Bishop may cause such notice of it to be given to the Clergy and Laity of the Diocese as he or she shall think expedient.
21. DEPRIVATION
When sentence of deprivation or removal from office is pronounced, the connection between the Cleric so deposed and his or her congregation shall be ipso facto terminated; and all offices, rents, issues, profits, and emoluments which he or she may have held by virtue of the office or ministry from which he or she has been removed, shall wholly cease and determine. The Bishop shall cause notice of such deprivation to be given to all the Clergy of the Diocese, all the Bishops of the Anglican Church of Canada and all Metropolitans of the Anglican Communion.
22. DEGRADATION
Where a Cleric is degraded from the Ministry, he or she shall lose all status as a Cleric, and the Bishop shall cause notice of such degradation to be given to all the Clergy of the Diocese, all the Bishops of the Anglican Church of Canada and all Metropolitans of the Anglican Communion.
23. INHIBITION
In every case in which, from the nature of the offence charged, it shall appear to the Bishop that it would not be in the best interest of the Church that the Cleric accused continue to perform the services of the Church while such charge is under investigation, the Bishop shall cause a notice to be served on the accused together with the copy of the charge, or at any time pending the proceeding, inhibiting him or her from performing any services of the Church during the investigation, or until the Bishop shall withdraw the inhibition.
24. APPEAL
The decision of the Court and any sentence imposed in accordance with the provisions of this Bylaw shall, except as otherwise provided herein, be subject to appeal within 30 days of the decision and any sentence imposed, to the “Court of Appeal of the Metropolitan” of the Ecclesiastical Province of Ontario, or to the Supreme Court of Appeal of the Anglican Church of Canada in accordance with the Canons of the Provincial and General Synods constituting the said Courts.
25. No sentence imposed pursuant to this Bylaw or publication thereof shall be implemented until the time for appealing therefrom has expired, or if appeal is made, only in accordance with the decision of the Court to whom the appeal is made.
26. DISPUTES
The procedures for the trial of matters by the Court, and the rights of the parties and of the Court in respect of or arising therefrom, and which are not prescribed by Canon or Bylaw, shall be as prescribed by Regulation.
27. TIME LIMITATIONS
Every suit or proceeding against any priest, deacon or layperson, for any offence specified in the Canons of the Diocese of Ottawa, or against the provisions of the Statute constituting the Synod, or against the Constitution, Canons or Bylaws of the Synod, shall be commenced within one year from the time that the commission of the offence in respect of which the suit or proceedings is instituted shall have become publicly known and not afterwards; provided always, that whenever any such suit or proceeding is brought in respect of an offence for which a conviction has been obtained in any court of law, such suit or proceedings may be brought against the person convicted at any time within six calendar months after such conviction although more than one year may have elapsed since the time that the commission of the offence in respect of which such suit or proceedings is so brought, shall have become publicly known.
B.3.20 SYNOD ACCOUNTS, FISCAL AGENT, BANKING ARRANGEMENTS
1. All funds now or hereafter belonging to, or held by, or under the control of the Synod, and all investments and securities now or hereafter representing the same, whether belonging to any special trust or otherwise, and all income now or hereafter derived therefrom, and all collections of monies received for any of the voluntary funds or
hereafter under the control of Synod shall be made payable to the Incorporated Synod of the Diocese of Ottawa and shall be delivered or sent to the attention of the Director of Financial Ministry who, on behalf of the Synod, shall hold and deal with the same under and in pursuance of the respective trusts under which the same are now or may hereafter be held or controlled by the Synod in accordance with any present or future Canons, Bylaws or Regulations of the Synod or the Diocesan Council of the Diocese, as the case may be.
2. All monies in the hands of, or under the control of, the Synod, whether capital or income, shall be paid out and dealt with in accordance with a resolution of the Synod, or of the Diocesan Council, or of any committee designated for that purpose by the Diocesan Council or the Synod, or of the Property and Finance Committee passed for such purpose.
3. The financial year of Synod shall begin on the first day of January and end on the thirty first day of December in each year.
4. The banking business of Synod shall be transacted with such banks, trust companies, or other firms or corporations as may from time to time be designated by or under the authority of the Diocesan Council. Such banking business or any part thereof shall be transacted under such agreements, instructions and delegation of powers as the Diocesan Council may from time to time prescribe or authorize.
B.3.21 BORROWING
1. The Diocesan Council or the Synod may from time to time:
a) borrow money on the credit of the Incorporated Synod of the Diocese of Ottawa and limit or increase the amount thereof to be borrowed;
b) issue, sell, or pledge securities of the Synod;
c) charge, mortgage, hypothecate, or pledge all or any of the real or personal property of the Synod to secure any securities or any money borrowed, or other debt, or any other liability or obligation of the Synod; or
d) authorize the Director of Financial Ministry, together with one of the Bishop, the Dean, the Executive Archdeacon, the Director of Community Ministry, or the Deputy Director of Community Ministry, to make arrangements with reference to the monies borrowed or to be borrowed as aforesaid, and as to the terms and conditions of the loan thereof, and as to securities to be given therefore, with power to vary or modify such arrangements, terms and conditions and to give such additional security on any monies borrowed or remaining due as the Diocesan Council or the Synod may determine.
B.3.22 PARISH LAND AND BUILDINGS
1. No land, Church, rectory, or other parochial building shall be erected, purchased, sold, mortgaged, leased for a term in excess of two years, or otherwise acquired, encumbered or disposed of, or have structural alterations costing over $30,000 made thereto or be removed from one locality to another, without the consent of the Bishop and the
Diocesan Council, and the authorization of the Vestry of the Parish or congregation interested therein.
2. All applications submitted for the approval of the Diocesan Council shall be accompanied by a copy of the Resolutions of the Vestry, certified by the Vestry Clerk.
3. Except as otherwise directed by the Diocesan Council:
a) the proceeds of the sale of any parochial property shall be paid to the Synod in accordance with the applicable Statutes of Ontario and Quebec; and
b) in the event that a mortgage is acquired in connection with such sale, the mortgage shall be taken in the name of the Incorporated Synod of the Diocese of Ottawa.
4. No designation of or reference to any persons shall be placed in any Church, rectory or other parochial building in such a way that it becomes a fixture to the premises, nor if so placed, removed therefrom, without the consent of the Bishop.
5. INSURANCE
a) There shall be a comprehensive insurance policy for the Diocese to provide adequate coverage for all Church buildings and contents and boiler insurance throughout the Diocese. The policy will be held in the name of the Diocese which will pay the bulk premiums assessed therefore on the first day of January in each year, and each parish will be required no later than 31 days thereafter to reimburse the Diocese for its share of the bulk premiums as provided by the Regulations.
b) The insurance coverage for Church buildings in the parishes under the policy shall be in accordance with one of the four categories following:
i) repair or replace the total building; or
ii) repair or replace to a dollar value; or
iii) repair to a dollar value but do not replace; or
iv) redundant – insured to a dollar value to provide for demolition and clearing of site.
c) There shall be a subcommittee of the Property and Finance Committee, known as the Insurance Committee, whose membership and Terms of Reference shall be determined by Regulation.
d) The Property and Finance Committee shall consider the requests of any Parish to review the category of insurance coverage to which it has been assigned, as well as an increase of the coverage provided, but the coverage provided shall not be changed substantially unless or until an overall review undertaken at the direction of the Synod or the Diocesan Council provides for such a change. Nevertheless, any Parish may negotiate at its own expense for such other coverage in addition to the Diocesan policy as it may determine.
B.3.23 EXECUTION OF DOCUMENTS
1. The Bishop, or in his or her absence or inability to act, the Chancellor, or the Dean, or the Executive Archdeacon together with the Director of Financial Ministry, or in his or her absence, one of the Secretaries of Synod, are hereby authorized to execute all deeds and other documents which from time to time are to be executed on behalf of the Synod. The Diocesan Council may, by resolution, direct the manner in which, and the person or persons by whom, any particular deed or documents may or shall be executed. The Bishop or the Chancellor or the Executive Archdeacon or the Director of Financial Ministry or the Dean may cause the seal of the Synod to be affixed to all documents so signed.
2. All deeds and other documents heretofore executed in any manner on behalf of and acted upon by the Synod and sealed with the seal of the Synod are hereby acknowledged to have been duly executed on behalf of the Synod.
B.3.24 CONSOLIDATED TRUST FUND
1. There shall be a fund which shall be known as the Consolidated Trust Fund which shall consist of all the personal property, securities and monies entrusted to the Synod, and comprising all specific funds held in trust and administered by the Synod, excepting only those funds which by special resolution of the Diocesan Council may be excluded therefrom.
2. The monies comprising the Consolidated Trust Fund shall be divided into units of $10.00 each for administration purposes, and all of the several principal accounts comprising the said fund shall participate on an equal basis in the overall depreciation or appreciation of the asset value of the said fund from time to time.
3. Separate accounts shall be maintained for each trust comprising the Consolidated Trust Fund for which shall be shown the principal amount thereof and the number of units relating thereto. Interest, profit, and other increments received or accruing from time to time from all investments of Consolidated Trust Fund monies shall, after deducting therefrom proper expenses connected with the management, investment and administration of the Consolidated Trust Fund, be distributed at regular intervals and credited to the several trusts comprising the Consolidated Trust Fund on a pro rated basis in accordance with the number of units represented by each such fund.
4. Subject to any provision to the contrary in the instrument creating the trust, all personal property, securities and monies received in trust by a congregation or parish on or after the first day of January, 1970, by the way of gift, bequest or in any other way, shall be remitted to the Synod for administration as part of the Consolidated Trust Fund; provided, that the Diocesan Council may exempt any congregation or parish or any portion of the property referred to herein from the provisions of this section.
5. The monies comprising the Consolidated Trust Fund shall be invested and reinvested from time to time in such investments and securities as are authorized in the Incorporated Synod of the Diocese of Ottawa Act 1950.
6. Subject to the authority of the Synod and of the Diocesan Council, the Property and Finance Committee shall be responsible generally for the administration of the Consolidated Trust Fund, and shall, without limiting the generality of the foregoing, have such responsibility and duties in connection therewith as may be prescribed by Regulation. In discharging its responsibility, the Property and Finance Committee may delegate the actual administration under its direction of any specific trust forming part of the Consolidated Trust Fund, except the Pension Fund of the Diocese, to a special subcommittee formed for the purpose.
B.3.25 UNALLOCATED
B.3.26 PARISH FAIR SHARE BUDGET
1. There shall be a budget which shall show the estimates of revenues and expenditures for the ensuing year for the Diocese, provided that the total assessment shown in the budget to be raised by Parish Fair Share from the parishes of the Diocese shall be approved by the Diocesan Council and thereafter be approved with or without change by the Synod.
2. One or more motions may be moved for the adoption of the budget, but a motion or amendment that has the effect of increasing by an amount in excess of $l,000 the budget approved by the Diocesan Council shall before being voted upon be referred to the Diocesan Council or some other Committee for consideration, unless the motion or amendment that increases the budget also authorizes implementation of the budget, to be amended as proposed if sufficient funds to allow for the increase can be found by the Diocesan Council.
B.3.27 UNALLOCATED
B.3.28 UNALLOCATED
B.3.29 UNALLOCATED
B.3.30 COMMISSIONER OF CEMETERIES
1. There shall be a Commissioner of Cemeteries who is appointed by the Bishop during pleasure.
2. The Commissioner is tasked by and reports through the Director of Property and Asset Management to the Bishop in all matters pertaining to cemeteries including the creation, transfer and disposition thereof according to law.
3. The Commissioner will:
a) maintain in cooperation with the Director of Property and Asset Management an up-to- date list of all cemeteries presently in use, with the names and addresses of the treasurers of their respective Cemetery Boards;
b) maintain in cooperation with the Diocesan Archivist a list of abandoned or former Anglican cemeteries;
c) maintain an up-to-date file of the current laws of Ontario and Quebec pertaining to Cemeteries and be available to consult with representatives of Cemetery Boards as occasion may require;
d) maintain contact with the Office of the Metropolitan of the Ecclesiastical Province of Ontario with respect to cemeteries in Ontario and, where appropriate, maintain liaison with the Office of the Bishop of Montreal with respect to cemeteries in Quebec;
e) respond to queries from institutions or individuals with respect to diocesan cemeteries in the geographic boundaries of the Diocese;
f) make a report annually to the Property and Finance Committee; and
g) perform such other duties as may be conferred by Regulation.
B.3.31 MANAGEMENT OF CEMETERIES
1. Every cemetery adjacent to, or affiliated with, a Parish shall be managed by a Cemetery Board, which shall report to the Vestry of that Parish.
2. Subject to paragraph 4, should any Parish fail to elect a Cemetery Board in a manner consistent with these Bylaws or any related Regulation, then the Incumbent and the Churchwardens shall be deemed to form the Cemetery Board for that Parish.
3. There shall be a subcommittee of the Property and Finance Committee known as the Diocesan Cemeteries Subcommittee, whose membership shall be determined by Regulation.
4. The Diocesan Cemeteries Subcommittee shall:
a) serve as the Cemetery Board for:
(i) any cemetery adjacent to or affiliated with a Parish that has been disestablished, where such cemetery does not have an ongoing Cemetery Board or has not been conveyed to a third party in a manner consistent with Bylaw 3.22; or
(ii) any other cemetery which, in the determination of both the Bishop and the Property and Finance Committee, can no longer be properly managed by a Parish; and
b) perform such other duties as may be prescribed by Regulation.
5. The Property and Finance Committee may, with the approval of the Bishop, transfer responsibility for the management of any cemetery from one Parish to another or from the Diocesan Cemetery Subcommittee to a Parish.
6. The Property and Finance Committee may approve policy guidelines regarding the operation and maintenance of diocesan cemeteries.
7. Every Cemetery Board shall administer each cemetery for which is it is responsible in accordance with: (a) applicable provincial legislation; (b) this Bylaw and any related Regulation; and (c) any policy guidelines approved by the Property and Finance Committee for the purposes of this Bylaw.
B.4.01 DUTIES OF THE DEAN
1. The Dean of Ottawa shall be a member of the Clergy in the Diocese next in precedence
after the Bishop and any Suffragan, Coadjutor, or Assistant Bishop, and shall upon
request of the Bishop represent him or her at meetings and other official proceedings in
the Diocese and in the community at large.
2. The Dean of Ottawa shall serve as the Vice Chairperson of the Diocesan Council.
3. The Dean of Ottawa may also hold office as the Incumbent of the Cathedral Parish and if
so shall have the responsibilities and duties and enjoy the privileges of such Incumbent.
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4. The Dean of Ottawa shall also hold office as Regional Dean in connection with the
Deanery of Christ Church Cathedral and shall have the responsibilities and duties and
enjoy the privileges of such office.
B.4.02 ARCHDEACONRIES AND REGIONAL DEANERIES
The Parishes of the Diocese are grouped into Archdeaconries and into Deaneries and the Bishop
shall set the geographical boundaries thereof from time to time and direct that a description of
the Archdeaconries and the Deaneries be appended to the CBRs.
B.4.03 DUTIES OF ARCHDEACONS
1. Each Archdeacon shall:
a) assist the Bishop in his or her pastoral care and office in the Archdeaconry, and
shall watch, inquire into, and report upon whatever in his or her opinion may
need the consideration and control of the Bishop;
b) visit from time to time the Clergy and Churchwardens of parishes under his or her
jurisdiction to provide the first line of outside advice in resolving their problems,
and to be a pastor to the Clergy, especially to Incumbents who are new in the
Archdeaconry;
c) be responsible for the provision of priestly services in vacant parishes and when
called upon, shall give advice on clergy appointments and deployment in the
Archdeaconry;
d) as appropriate, arrange a suitable service of Induction for an Incumbent newly
appointed to the Archdeaconry, or a service of Introduction in the deanery for a
Regional Dean newly appointed within the Archdeaconry;
e) install a Regional Dean newly appointed within the Archdeaconry and shall assist
and advise the Regional Dean(s) in his or her (their) duties, and
f) once each year, visit or cause to be visited by the Regional Dean each Parish in
the Archdeaconry so as to ensure the compliance of the Parish with civil and
canonical law.
B.4.04 DUTIES OF REGIONAL DEANS
1. Each Regional Dean shall:
a) from time to time, provide his or her Archdeacon with information on
developments both ecclesiastical and secular that could affect the life of the
Churches in the deanery;
b) from time to time, provide for meetings of the Clergy in the deanery for mutual
support and encouragement, for communication with the officers of the Diocese
and the transaction of such business as was deemed expedient;
c) from time to time, provide for meetings of clergy, churchwardens and lay
members of Synod in the deanery to consider and transact such business as may
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come before them and, without limiting the generality of the foregoing, to meet
in Great Chapter prior to the annual meeting of the Synod;
d) encourage and support as may be deemed expedient or advisable the
Incumbents and the churchwardens or parishes within the deanery in promotion
of good stewardship including programmes of clergy visitations, lay visitations,
diocesan and parochial financial appeals;
e) ensure that every parish in the deanery has, not later than the fifteenth day of
March in each year, submitted annual statistical returns to the Office of the
Synod;
f) where the emergency requires it, make arrangements for priestly services in any
parish in the deanery;
g) during his or her term of office, visit each parish in the deanery and inspect the
Church, rectory, other parish buildings and all church burial grounds and such
books of accounts, records, returns or reports, as are available, so that he or she
may report thereon to his or her Archdeacon. The Regional Dean may meet with
the Incumbent and Churchwardens or parish council in any parish in the deanery
to seek to ensure compliance with civil and canonical law; and further, the
Regional Dean may meet with the appropriate officers of the Diocese in order to
clarify matters of mutual concern to a parish in the deanery, or the deanery, and
to the Diocese, and
h) assist the Archdeacon so far as possible in the performance of his or her duties,
and he or she shall be able to call upon the Archdeacon in the performance of
any of the duties of a Regional Dean.
B.4.05 CLERGY
1. a) For the good order and provision of priestly services throughout the Diocese,
clergy shall be appointed and/or licensed as Incumbent or rector, assistant
curate, priest in charge, deacon in charge, special licensee, Diocesan staff
member, chaplain, and such other category as may be established from time to
time.
b) An Incumbent has charge of a parish, while an Incumbent is by custom referred
to as rector in those parishes that are self supporting.
b.1) An Associate Incumbent is a cleric who is appointed to a parish and who, in
agreement with the Incumbent of the parish, shares collegially with the
Incumbent in fulfilling the canonical and pastoral duties required of an
Incumbent.
c) An assistant curate is a cleric who is appointed to a parish other than as an
Incumbent or as a rector, and includes a person who is non stipendiary and part
time, or is retired and on pension, or is a stipendiary cleric, or is a deacon or a
priest who is in receipt of stipend or otherwise and participating in a programme
of training administered by the Diocese.
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d) A cleric so appointed and/or licensed may be drawn from the active list, or the
leave list or the retired list of the clergy of the Diocese, or from the leave list or
the retired list of other dioceses.
e) The clergy so appointed and/or licensed may be employed on a stipendiary or a
non stipendiary basis or on an honorary or a non remunerative basis in
accordance with the constitution and regulations by Canon or otherwise as apply
to the various categories of clergy in the Church or under secular authority, and
such clergy may serve on a full time basis or part time basis.
2. REMUNERATION AND BENEFITS
a) In accordance with Canon 4.09, the remuneration of stipendiary clergy shall be
provided under a salary structure. As well as stipend, they shall receive certain
allowances and benefits, but the same shall not include fees, gifts, grants,
honoraria or other similar kinds of income that are excluded from the income of
the clergy as defined by the Church for pension purposes.
b) In accordance with the said Canon 4.09, the remuneration of non stipendiary
clergy who are given honorary or part time appointments, shall be determined by
the Bishop, but having regard to the limits generally indicated by the salary
structure for stipendiary clergy and such other Bylaws and Regulations as may
apply. If the honorary or part time assistant is appointed to a parish, the Bishop
shall consult the Incumbent and churchwardens, and if it is a non parish
appointment, then he or she shall consult such other authority or persons as
seem appropriate to him or her respecting the remuneration of the appointee.
c) The remuneration and other benefits for stipendiary clergy in the Diocese shall
consist of the following components:
i) stipend;
ii) transportation allowance, comprising:
A) basic rate, and
B) supplementary allowance;
iii) housing allowance, being either:
A) amount established for pension assessment in accordance with
General Synod Canon VIII where housing is provided, or
B) amounts paid where housing is not provided, as allowance
towards the costs of rent or the use of owner-occupied
accommodation;
iv) other allowances, if any, as may be agreed upon between the clergy and
the salary paying source;
v) a salary benefit to assist in payment of hospital insurance premiums; and
vi) benefits consisting of payment of:
A) employer’s share of assessment for General Synod Pension Fund,
B) assessment for Retirement Allowance Fund,
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C) employer’s share of premiums for Church Group Insurance Plan,
D) employer’s share of premiums and payments for mandatory
pension plans, unemployment insurance and other such benefits,
and
E) an allowance on relocation between appointments in the Diocese.
d) The stipendiary or salary structure may be defined further as having the following
components:
i) There shall be a table indicating the range of stipends within years of
ordained service groupings. The annual rates shall be approved by the
Diocesan Council from time to time, generally based directly on the yearto-year movement of the Consumer Price Index, and may include an
element to offset any increase in income tax resulting from a change from
one taxable bracket to another.
ii) Annual stipendiary rates or other benefits shall be published in the
Journal of Proceedings of the Annual Meeting of the Synod, as subject to
the stipendiary component or other benefit being fixed by another
authority that is outside the competence of the Synod.
e) CLERGY REMUNERATION BOARD
i) The annual stipend or salary for each clergy in the Diocese shall be
determined by a Board known as the Clergy Remuneration Board (hereafter
called the “Board”).
ii) The Board shall consist of five members: the Bishop; the Dean; the Director of
Financial Ministry; the Director of Human Resources; and a fifth lay member
to be appointed by the Bishop, based on that person’s professional ability
relevant to the task, to serve from year to year at the pleasure of the Bishop.
iii) The Board may, if it so wishes, have the benefit of the advice of any persons
having specialized or technical knowledge to assist the Board in the
performance of its responsibilities under this Bylaw.
iv) The Board shall meet at the call of the Bishop and shall operate by consensus
of the members, while the responsibility to make the final decision shall
belong to the Bishop, which decision shall be the decision of the Board.
v) A cleric shall have the right to have the decision of the Board re-reviewed in
his or her presence. Following the decision of the Board, any such review and
a decision thereon shall be made as quickly as possible to enable budget
adjustments for the calendar year immediately following to be made and
approved by the Diocesan Council, as provided for in the Regulations.
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f) Transportation allowances and travel allowances for the Diocese shall be
reviewed and determined annually by the Diocesan Council and the Synod in
accordance with the Regulations.
g) Every cleric who is appointed to serve in the Diocese shall have the use of a
rectory or shall have a housing allowance in lieu thereof, as provided for by the
Regulations.
h) Other benefits and allowances shall be as provided for by this Bylaw and the
Regulations.
3. EQUALIZED COST OF PRIESTLY SERVICES
a) Equalized Cost of Priestly Services (ECOPS) assessments have two parts. In the
first part, each parish is assessed a Base COPS amount, which is the base clergy
stipend on the stipendiary scale for the year in question, plus the travel allowance
(Ontario rates), and the correlative benefits, (such as CPP, EI, group health and
disability plans, retirement allowance funds contributions and pension plan),
which are assessed each year as a percentage of stipend and travel. Base COPS is
assessed for each parish according to the number of full-time clergy or fraction
of full-time clergy a parish has appointed for the coming year at the time of
assessment. Base COPS does not include housing.
b) In the second part of ECOPS each parish is assessed an Equalization Amount. This
amount is calculated as the Equalization Total multiplied by the parish’s
Equalization Ratio for the year of assessment. A Parish Equalization Ratio is the
difference between the Diocesan Assessable Income, plus Incumbent Costs,
divided by the Parish’s three-year average Assessable Income, plus its Incumbent
Costs for the same period. The Equalization Total for the year is the difference
between the total actual COPS for all stipendiary clergy in the Diocese for the
year in question minus the total Base COPS assessed to parishes for the same
year.
3. CENTRAL PAY
a) The remuneration of clergy in the Diocese shall be centrally administered in the
Synod Office by the Director of Financial Ministry in accordance with the
Regulations.
b) All monies to be paid by a parish for Cost of Priestly Services including salary,
benefits, travel, and such other payments as may be required by civil law in the
Deanery of Clarendon for all stipendiary clergy (incumbent and/or assistant
curates) shall be remitted in equal monthly payments to the Incorporated Synod
of the Diocese of Ottawa as provided by Regulations.
c) All monies received by or credited to a parish from any endowment or other trust
fund used or to be used to augment stipends shall likewise be remitted or
credited by or for such parish to the Incorporated Synod of the Diocese of
Ottawa.
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B.4.06 DUTIES OF THE INCUMBENT
1. The Incumbent of each Parish shall:
a) prepare and forward to the Office of the Synod for the attention of the
Secretaries of Synod the certificate of election of lay members of Synod and the
certificate as to the basis on which the number of lay members of Synod from
that Parish is determined and the names and addresses of the Churchwardens for
the current year. These shall be forwarded to the Office of the Synod within ten
days after the Annual Meeting of the Vestry;
b) prepare and forward, not later than the fifteenth day of March in each year, to the
Office of the Synod all such statistical returns regarding the parish, as is required
by Canon or Regulation;
c) place before the congregation or congregations the special appeals for
contributions directed by Synod;
d) cooperate with the Synod in any and every effort to instruct the members of the
Church in the work of its various programmes and to enlist their support of the
same; and
e) forward to the Office of the Synod or any designated Office of Synod such
records as may be prescribed by Bylaw or Regulation and within the time limits
therein provided.
2. PARISH RECORDS
The Incumbent shall keep proper records in books provided by the Churchwardens of all
Services of Holy Communion and of Morning and Evening Prayer and other services, and
shall keep an accurate record of Baptisms, Confirmations, Marriages and Burials, and
perform such other duties as may be required of him or her under applicable Statutes of
Ontario and Quebec.
3. LEAVE OF ABSENCE
a) The Bishop may give in writing leave of absence to a cleric from the charge or
duties to which he or she is licensed.
b) A cleric in full-time employment shall be entitled to annual holidays with pay in
accordance with the Clergy Personnel Policies of the Diocese. With the consent of
the Churchwardens of the parish where the cleric is serving, or of the Bishop as
may be appropriate, a cleric may be absent from the charge or duties to which he
or she is licensed for short additional periods of time.
c) Except with the approval of the Diocesan Council, no leave of absence shall be
granted for longer than two years.
d) Leave granted for two years may be once renewed without requiring the approval
of the Diocesan Council for a period not exceeding a further two years.
4. Notwithstanding Section B.4.06(3), leave of absence may be granted:
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a) for the purpose of work in mission fields of the Church, for an indefinite period;
or
b) to chaplains to the Armed Forces, for an indefinite period.
5. REMOVAL FROM THE DIOCESE
When any priest or deacon under the jurisdiction of the Bishop of the Diocese desires to
remove from the Diocese, the procedures applicable shall be those provided by the
Canons of General and Provincial Synods.
B.4.07 UNALLOCATED
B.4.08 GENERAL SYNOD PENSION PLAN
From and after the first day of January 1967, the Diocese of Ottawa and all its clergy eligible
therefore shall be members of the Pension Plan of the Anglican Church of Canada as created by
Canon VIII of the General Synod, and all such clergy of the Diocese and all salary and stipend
paying sources as from time to time prescribed in such Canon and any amendments thereto
shall make such payments as may from time to time be required of them pursuant thereto.
B.4.09 GROUP LIFE INSURANCE PLAN
1. The General Synod Group Life Insurance Plan is applicable to:
a) every cleric who, when the Plan first was applied to the Diocese of Ottawa,
elected to participate therein; and
b) every clergy or lay person who has subsequently assumed office in the Diocese;
and all such clergy or lay persons are subject to the provisions thereof.
2. The participation in the said Plan of each person referred to in subsection (1)(b) shall
commence on the first day of January, April, July or October in any year, coinciding with
or next following the date of which that person takes office in the Diocese.
3. Each person referred to in Section (1)(b) shall apply for membership in the said Plan and
shall authorize deduction from his or her stipend or salary of a sum by way of partial
payment of annual premium (the remainder thereof to be paid by the Diocese).
4. The Synod Office each month shall deduct from participants’ salaries prescribed sums for
group life insurance premium, pension assessment and clergy retirement and remit the
same forthwith as required.
B.4.10 LICENSED LAY READERS
1. A person may be licensed by the Bishop to serve in a parish under the direction of the
Incumbent thereof and to hold office as a Licensed Lay Reader for five years or such
period as the Bishop may determine.
2. There shall be a Warden of Licensed Lay Readers who shall be a priest on the Clergy List
of the Diocese, and who shall be appointed, be responsible to, and hold office during the
pleasure of the Bishop.
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3. The Warden of Licensed Lay Readers shall supervise the Licensed Lay Readers and shall
from time to time recommend the proper fees and travelling expenses payable to them.
4. There shall be a Licensed Lay Readers’ Association, of which all Licensed Lay Readers
shall be members, of which the Bishop shall be the Patron, and the Warden of the
Licensed Lay Readers the Honorary Chairperson, and which shall appoint a Secretary and
may appoint such other officers as it shall deem advisable. The Warden of Licensed Lay
Readers, in consultation with the Secretary of the Association, shall be responsible for
the review of those licences about to expire, and for the presentation of them to the
Bishop for renewal.
5. No one shall be presented to the Bishop to be licensed as a Licensed Lay Reader unless
he or she has been recommended by the Incumbent and churchwardens of the parish of
which he or she is a member, and such recommendation has been approved by the
Warden of Licensed Lay Readers, and unless such Licensed Lay Reader has taken such
courses of study and passed such examinations as the Bishop may require, or has
otherwise fully met the standards required by the Bishop for this office.
6. A Licensed Lay Reader shall be admitted to the Order by the Bishop or some other
Minister appointed by the Bishop.
7. There shall be an Annual Gathering of Licensed Lay Readers at a time and place
appointed by the Bishop on recommendation of the Warden of Licensed Lay Readers.
B.4.11 RETIRED CLERGY AND SPOUSES ASSOCIATION
1. For the purposes of this Bylaw only:
a) “Retired Clergy of the Diocese” refers to those superannuated clergy on the
Clergy List of the Diocese of Ottawa.
b) “Retired Clergy in the Diocese” refers to all retired clergy resident in the Diocese
of Ottawa.
2. There is an Association of Retired Clergy and Spouses in the Diocese of Ottawa. The
purpose of the Association is to provide fellowship for all retired clergy living in the
Diocese of Ottawa and their spouses regardless of the Diocese from which they retired. It
also provides a link to the Diocese and Bishop.
3. The membership of the Retired Clergy and Spouses Association of the Diocese of Ottawa
is open to all retired clergy of the Diocese of Ottawa and their spouses, and all other
retired clergy and their spouses living in the Diocese.
4. There shall be an annual meeting of the Retired Clergy and Spouses Association in April
at which a financial report will be presented and an activities report received, and the
following officers from among its members shall be elected for the Association for a one
year renewable term:
a) a Chairperson;
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b) a Vice Chairperson; and
c) the Chairperson and Vice Chairperson will appoint a Treasurer and Secretary for
the Association.
5. The Retired Clergy of the Diocese of Ottawa shall elect, from their number, delegates to
attend an Electoral Synod for the Election of a Bishop. The Retired Clergy and Spouses
Association shall be responsible for managing the election of delegates to attend the
Electoral Synod. If the Retired Clergy and Spouses Association is inactive, the Secretaries
of Synod shall be responsible for managing the selection of delegates authorized by this
Bylaw.
6. The number of delegates shall not exceed 10% of the Retired Clergy of the Diocese of
Ottawa as confirmed by the Diocesan Archivist at the time the election is called. In the
event of a delegate being unable to serve, the Chairperson and the Vice Chairperson of
the Association shall appoint a replacement. The Chairperson shall notify the
Administration Office of the Diocese of Ottawa of the names and addresses of the
chosen delegates within 45 days of the call of the Election. If the Retired Clergy and
Spouses Association is inactive, and a delegate is unable to serve, the Secretaries of
Synod shall arrange for a replacement and notify the Administration Office of the name
and address within 45 days of the call of the Election.
B.5.01 PARISH BOUNDARIES
1. The whole of the Diocese shall be subdivided into Parishes, the boundaries of which shall
be as provided in this Bylaw. The boundaries of each Parish in the Diocese, as such
boundaries exist on the date of the enactment of this Bylaw, shall be the boundaries
thereof until changed as provided in this Bylaw.
2. The Incumbent and Churchwardens of any Parish may hold a conference or conferences
with the Incumbent and Churchwardens of an adjacent Parish, and by mutual agreement
arrange and define the boundary common to both, and shall make a report to the
Archdeacon having jurisdiction for his or her consideration, and who shall submit the
same to the Bishop, with his or her remarks thereon; and if the Bishop and the Diocesan
Council approve of the same, the boundaries so arranged and approved shall be
declared to be the common boundaries of the Parishes aforesaid.
3. Where the boundary between two Parishes is disputed and cannot be arranged by
mutual agreement, the Archdeacon having jurisdiction shall issue a Commission to two
Clergy and one Lay representative, none of whom is connected with such Parishes,
authorizing them to investigate the matter and report their decision to the Archdeacon
for his or her consideration, who shall submit the same to the Bishop, with his remarks
thereon; and if the Bishop approves of the same, the boundary, so arranged and
approved, shall be declared to be the boundary common to the Parishes aforesaid.
4. The boundary of a Parish being once defined, approved and declared, may not be
changed, except in the case of the formation of a new Parish, within five years thereafter,
or at the direction of the Bishop.
5. NEW PARISHES
Where a group of persons, not less than twenty of whom shall be Communicants of the
Church, a majority of whom must be of the full age of eighteen years, residing in the
Diocese, desire the erection of a new Parish, whether they reside:
a) in an existing Parish; or
b) in a district not belonging to any one Parish; or
c) in adjoining Parishes;
they may present a memorial to the Bishop to that effect, stating their reasons and the
proposed boundaries of such a new Parish and describing the boundaries of the
proposed Parish. On receipt of the memorial, the Bishop shall refer the same to the
Archdeacon having jurisdiction for study and report. Where the Archdeacon having jurisdiction is the Incumbent of any Parish directly affected by the proposed division and settlement of boundaries, the proceedings under this Bylaw shall be referred to another
Archdeacon or such other Clergy as the Bishop appoints. The said Archdeacon shall consider whether the provisions of the applicable Statutes of Ontario and Quebec have
been complied with and whether the means for the worship of God will be adequately provided; then he or she shall report to the Bishop in respect thereof, who shall, on approval by him or her and by the Diocesan Council, notify in writing the Incumbents and Churchwardens of the Parishes affected, as to the boundaries of the proposed new Parish.
6. If any of the parties notified as aforesaid objects to the proposed new Parish, he, she or it shall, within 30 days of such notification, state to the Bishop in writing, the grounds of
objection. The Bishop may thereupon refuse the request of the memorial, or 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 erection of the
Parish, and is confirmed, the Bishop may proceed to the erection thereof.
7. AMALGAMATION
Whenever the Bishop shall consider it advisable to amalgamate two or more existing
Parishes, and the Diocesan Council has expressed its approval by resolution, he or she
shall seek the voluntary consent to such amalgamation by a conference of the
Incumbents and Churchwardens of such Parishes.
8. If a voluntary agreement cannot be reached, a Commission shall be appointed by the
Bishop to consider the objections of those opposed to the amalgamation, and any other
matters pertinent thereto, and to report thereon. If such report is in favour of the
proposed amalgamation, and has been confirmed by the Diocesan Council, the Bishop
may proceed to carry it into effect by disestablishing the existing parishes and by
erecting a new Parish in their stead. If the 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.
9. If the Parish thus formed 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.
10. DISESTABLISHMENT
The Vestry of any Parish now or hereafter established may, by a resolution adopted by at
least a two thirds majority of those present at a special meeting thereof called for the
purpose of considering the matter, decide that it is expedient, for reasons to be stated in the resolution, that the Parish should be disestablished. Upon the said resolution being
approved by the Bishop in writing under his or her hand and seal, he or she shall thereupon disestablish the Parish, and allot the territory to some adjacent Parish or Parishes.
11. a) If the Bishop deems it advisable that any Parish now or hereafter established in
the Diocese should be disestablished, he or she may, with the approval of the
Diocesan Council, confer with the Incumbent and Churchwardens of such Parish
with a view to bringing about, if possible, a voluntary disestablishment under the
preceding subsection.
b) If voluntary dis-establishment cannot be so arranged, the Bishop may 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 Diocesan Council, the Bishop may thereupon declare in writing
under his hand and seal that the said Parish is disestablished. If, however the
report be unfavourable to disestablishment, no further action shall be taken at
that time, and all interested authorities shall be notified to such effect.
12. Notwithstanding any other provisions of this Bylaw, before disestablishing a Parish, the
Bishop shall require to be submitted to him or her a financial statement of the assets and
liabilities of such Parish. If the liabilities are found to be greater than the assets, or if the
current liabilities are found to be greater than the current assets, he or she shall submit
the statement to the Diocesan Council which shall take such action as it deems necessary
under the circumstances.
13. On disestablishment, the register and other books, records and documents, of the Parish
shall be surrendered forthwith to the Office of the Synod.
14. 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 under the
control of the Synod.
15. 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 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 its last financial year.
16. Any assets, either capital or income, resulting from such disestablishment shall, upon
receipt by the Synod, be held for a period of twelve months from the date on which the
Bishop issued his or her declaration, except for the payment therefrom of any remaining
liabilities of such disestablished Parish.
17. If, within the said period, a petition is presented to the Bishop by former members of the
Vestry of the disestablished Parish expressing their desire to form a new Parish
elsewhere, the Bishop may proceed to erect such new Parish in the manner hereinbefore
provided.
18. If no such new Parish be erected within fifteen months after disestablishment has been
declared, the said assets shall be dealt with and disposed of by and under a Commission
appointed by the Diocesan Council. The award of such Commission, when confirmed,
shall be binding on all parties.
19. The recommendation regarding the allocation of the territory formerly occupied by a
disestablished Parish shall be made by a Commission appointed by the Bishop, after
consultation with the Incumbents and Churchwardens of adjoining Parishes, and shall be
reported to the Bishop and to the Diocesan Council. If the report of the Commission is
confirmed by the Diocesan Council, the Bishop may proceed to effect such allocation by
declaration.
20. CONGREGATIONS
Each Parish with the consent of the Bishop and of the Diocesan Council may be
subdivided into congregations. With the consent of the Bishop and of the Diocesan
Council, any such congregation may have its own Vestry or one or more of them may be
grouped together as one Vestry. The boundaries of each congregation and the grouping
of congregations into one Vestry as such exist on the date of enactment of this Bylaw
shall be the boundaries of groupings thereof until changed by resolution of the Diocesan
Council and the declaration of the Bishop which resolution and declaration shall
determine the division of all appropriate assets and liabilities in the case of the
establishment of a new congregation and the distribution of all appropriate assets and
liabilities in the case of the disestablishment of a congregation.
21. Any boundary defined, established and declared under the authority hereof shall be
entered and registered in a book to be kept in the Office of the Synod for that purpose,
and a copy thereof shall be furnished to any person who applies, on payment of the
required fee.
22. CHAPELS
A Parish or Congregation may apply to the Bishop for designation of a place of worship
within its parish boundaries as a “Chapel ”.
23. A Chapel within the meaning of this Bylaw is a building or a part of a building that is
used for worship, and is supported by a worshipping community that does not have the
normal responsibilities of a parish or of a congregation.
24. A Chapel shall have a sponsoring parish or sponsoring congregation (referred to in this
Bylaw as the “Sponsor”) which shall be responsible for payment of all financial
obligations of the Chapel, including but not limited to the maintenance and repair of the
building, and its insurance, and for the payment of the costs of priestly services relating
to the Chapel.
25. The Bishop in consultation with the Diocesan Council may grant or refuse such
application, and so advise the Sponsor.
26. At any time, the status of the Chapel may be revoked by the Bishop in consultation with
the Diocesan Council and with the Sponsor.
27. The Chapel shall be under the care of a Priest who is the Incumbent of the Sponsor, or of
another Priest designated by the Bishop. The duties of such Priest shall be limited to
occasional public worship at the Chapel, and such additional pastoral services as are
approved by the Sponsor and by the Bishop.
28. The Chapel may have a Steward, who is a person appointed from time to time by the
Sponsor, or elected by the worshipping community of the Chapel. The duties of the
Steward are to represent and report on the Chapel to the Priest responsible for the
Chapel, to the Sponsor, to the Bishop, and to the Diocesan Council no less than annually,
and more frequently as may be required.
29. The Sponsor shall administer the finances of the Chapel and shall keep separate
accounting records for the Chapel to the satisfaction of the Director of Financial Ministry,
including but not limited to recording donations and issuing tax receipts for eligible
donations made to the Chapel in care of the Sponsor, and costs and expenses
attributable to the Chapel.
30. Donations made to the Sponsor for the Chapel during a calendar year that are surplus to
the needs of the Chapel during that same year, may be used by the Sponsor for its
general purposes.
31. A Chapel is not entitled to elect or appoint members of Synod.
B.5.02 PARISH LISTS
1. Each parish shall maintain such records of its members and in such manner as may be
specified by Regulation. Such records and certificates regarding the same shall have such
effect as may be specified by Regulation.
2. The Court of the Diocese of Ottawa shall not disallow the election of any member of
Synod on account of any irregularity in the preparation, signing and settling of the list of
those entitled to vote at such election, or in the holding of the meeting of the Vestry for
such election, provided that a majority of that Court is of the opinion that such
irregularity has not affected materially the result of the election, and that the election
was conducted fairly.
3. Each Vestry may make rules for the regulation of their proceedings and the management
of the temporalities of the Church or Parish to which they belong, provided that the same shall not be repugnant to any law or Statute in force in the Provinces of Ontario or
Quebec as the case may be or contrary to any Canon or to the Diocesan Bylaws or
Regulations.
4. VESTRY ANNUAL MEETING
The Annual Meeting of each Vestry shall be held not later than the last day of February in each and every year after due notice thereof given during Divine Service on the next two preceding Sundays.
5. It shall be the duty of the Incumbent to convene the Annual Meeting of each Vestry, and it shall be in the power of the Incumbent of any Parish or of the Churchwardens thereof to call a Vestry meeting whenever they deem it desirable to do so, and it shall be their duty so to do on receipt of written request signed by at least ten members of the Vestry.
6. Upon failure of the Incumbent or Churchwardens to call a special meeting of the Vestry upon such written request, such members shall notify their Archdeacon or the Bishop (if the Archdeacon be the Incumbent), and such Archdeacon or the Bishop (if the Archdeacon be the Incumbent) may after giving the requisite notice, convene such meeting of the Vestry and shall preside thereat.
7. SPECIAL VESTRY MEETINGS
A special meeting of the Vestry shall be called by giving due notice thereof during Divine Service on the two Sundays next preceding the special meeting; provided that the Archdeacon may, in extraordinary circumstances and in writing, permit the giving of notice only on the Sunday next preceding; and all notice of special Vestry meetings shall state precisely the purpose for which the meeting is called, and no other business shall be dealt with at that meeting.
8. CHAIRPERSON OF VESTRY
The Chairperson at all Vestry meetings shall be the Incumbent of the Parish or such person as he or she shall appoint with the consent of the meeting or in the absence of such Incumbent, and any such appointee shall be such person as the majority present at such meeting shall elect. The Vestry Clerk, when there is one, and present, or in the case there be no Vestry Clerk, or he or she be absent, then such person as the Vestry shall
name, shall be Secretary of such Vestry meeting, and the proceedings of such Vestry meeting shall be entered in a book to be kept for that purpose, and preserved in the custody of the Churchwardens. The Incumbent of a Parish shall present a report to the
Annual Meeting of each Vestry on the state of the Church in the Parish and such other matters as he or she considers advisable.
9. PARISH AUDITORS
The Vestry at each Annual Meeting thereof shall appoint an auditor or auditors of the Parish who shall, where such are available, be public accountants duly licensed in the Province in which they practice, and who shall hold office until the end of the next
Annual Meeting of the Vestry, and if no such appointment is made, the auditor or auditors then in office shall continue to hold office until a successor is appointed. The auditor or auditors shall examine the financial statements of the Parish and its organizations and report thereon and make such other reports as may be specified by Regulation. Except where such auditor is so duly licensed, more than one person shall be appointed auditors of the Vestry.
10. PARISH ORGANIZATIONS
The Vestry shall have control of all organizations in a congregation. Each such organization shall present an annual report to the Vestry with a statement of its receipts and disbursements for the previous year in such form as may be specified by Regulation.
11. In case of disagreement between a Vestry and an organization, either shall have the right to appeal to the Regional Dean, and if the disagreement continues, then to the Diocesan Council, and the ruling of the Diocesan Council regarding the matter under dispute shall be final.
12. FISCAL YEAR
The financial year of each Vestry shall begin on the first day of January and end on the thirty first day of December in each year.
13. MEETING BY ELECTRONIC MEANS
(a) Any meeting of Vestry, or a parish council or committee in a given parish, may be held, at the direction of the Incumbent, by telephonic or electronic means. Voting at any such meeting may, at the determination of the Incumbent, be conducted by mail or by telephonic or electronic means.
(b) For greater certainty, any meeting of Vestry or of a parish council or committee in a given parish that has been held by telephonic or electronic means between March 14, 2020 and the effective date of this bylaw is deemed to have been held in a manner consistent with these Bylaws.
B.5.03 CHURCH PROPERTY
1. The possession of all Church land and buildings, the Churchyard and any burying ground attached or belonging thereto, is vested in the Incumbent and Churchwardens for the time being, and the care of the property is therefore their joint responsibility. The Incumbent and the Churchwardens shall act jointly in matters concerning the use of the Church buildings and grounds and neither shall act without the approval of the other. In
the case of difference of opinion between the Incumbent and the Churchwardens regarding their respective powers and duties, and the exercise thereof, the matter under dispute shall be referred to the Bishop for adjustment. Except where the difference is
also one between the Incumbent and the parishioners, the decision of the Bishop in such matters shall be final. All expenses and liabilities connected with such properties (except as provided in the following paragraph) shall be borne by the Vestry.
2. Where income is being derived from Church land and buildings for the benefit of the clergy of the parish, the same shall be remitted to the Synod Office in accordance with the provisions of Bylaw 4.05 and the Regulations, but any taxes assessed against such lands and buildings shall first be deducted from the income thereof.
3. The Parish shall pay the Incumbent’s expenses for fuel, water, electricity, telephone services and internet services; and may pay the same for other clergy attached to the Parish.
B.5.04 PARISH STATISTICS
1. CLERGY RETURNS
The Incumbent shall give necessary assistance to the Churchwardens in compiling the statistical returns to the Synod required from them.
2. PARISH RECORDS
Parish records not in actual use, title deeds, and similar documents shall be placed in the care of the Synod Office for safekeeping, except such documents in the Deanery of Clarendon which shall remain in the Deanery as Quebec Civil law requires.
3. Every parish is entitled to have received or to receive from the Diocesan Offices one copy of the Canons, Bylaws and Regulations of the Diocese of Ottawa free of charge, and it shall be the responsibility of the Parish to maintain this copy for the use and reference of the clergy, Churchwardens and lay members and other officials of the Parish. An electronic version of the current edition of the Canons, Bylaws and Regulations is also
available on the website of the Diocese of Ottawa.
B.5.05 CHURCHWARDENS’ QUALIFICATIONS
1. A Churchwarden shall be not less than eighteen years of age and shall be a member in full communion of the Vestry of the congregation in which he or she regularly worships and is appointed to serve.
2. For the purposes of the applicable Statutes of Ontario and Quebec, the Incumbent of the Church for the time being and the Churchwardens thereof are deemed to be the trustees.
3. In all matters not lying solely in the right and power of the Churchwardens by virtue of applicable Statutes of Ontario and Quebec, it is their duty to carry out all legitimate directions of the Synod and of the Vestry of the congregation which they represent.
4. The two Churchwardens cannot exercise their powers separately, and neither can act without the consent of the other.
5. The Churchwardens with the approval of the Incumbent are empowered to appoint the Sexton, the Organist, the Vestry Clerk, and any other lay officers of the Church.
6. CHURCHWARDENS’ DUTIES
The Churchwardens shall present a financial report for the previous fiscal year to the Vestry at its Annual Meeting in such form as may be specified by Regulation together with a report thereon of the auditors appointed by the Vestry.
7. The books of the Churchwardens shall be open to inspection by any member of the Vestry at all reasonable times.
8. The Churchwardens shall also present at this meeting a budget of the financial requirements for the current year, including the Diocesan apportionment. Such budget shall be presented to such bodies as may be specified by Regulation for review prior to
the annual Vestry meeting. Such budget, as adopted, with or without amendment by the Vestry, shall govern the operations of the Churchwardens during such year, unless changed at a subsequent meeting of the Vestry; provided that in a situation in which the Incumbent and Churchwardens consider that the best interests of the parish will be served by a departure from the budget, they may act according to their best judgement and report their action to the next meeting of the Parish Council; and provided that the Parish Council may authorize a departure from the budget which they shall explain at the next Vestry Meeting.
9. On retiring from office, a Churchwarden shall pay and deliver over to his or her successors all monies, books, goods, chattels and other things belonging to the Church that are in his or her possession. In case of failure to comply with this within fourteen
days of such retirement from office, the succeeding Churchwarden shall take such measures as may be necessary to compel compliance.
10. Churchwardens, or in their absence, their substitutes for the time being, assisted if necessary by the Sidesperson, shall collect the offering of the congregation at each service of the Church and shall count, enter and initial the amount of such offerings in the book provided for this purpose, as soon as reasonably possible, after such service, in the presence of the Incumbent or some witness. They shall also take charge of all the revenue of the Church.
11. The Churchwardens shall make or cause to be made deposits of all monies coming into their possession for the Church to the credit of such Church in a chartered bank, or a trust or loan and savings company; and all payments shall be made by cheques on a chartered bank or trust company. All cheques shall be signed by both Churchwardens, or by one of them and another person designated for that purpose by the Vestry.
12. The financial returns required of Churchwardens by Bylaw or Regulation shall be forwarded by them to the Director of Financial Ministry or as he or she may direct at such times and in such manner as may be prescribed by Bylaw or Regulation.
13. The Churchwardens shall keep a record of all deeds, mortgages, insurance policies and other documents of importance pertaining to the Church buildings and lands, with full particulars regarding any trusts under which such property is held. Title Deeds and Mortgages shall be deposited at the Synod Office for reference and for safekeeping.
14. The Churchwardens shall be responsible for the care of the land and buildings, furnishings and effects belonging to the Church, and for keeping such buildings, furniture and effects insured under the provisions of the Comprehensive Insurance Policy of the Diocese as contained in Bylaw 3.22(5). The same shall not prevent reasonable other or additional amounts of insurance coverage being placed by the Churchwardens with respect to the Church or its property or the Incumbent or Churchwardens as such.
15. The Churchwardens shall make provision for the conduct of the Services of the Church and for the provision of all necessary supplies therefore.
16. The Churchwardens shall take care that due reverence is observed both within and without the Church during Divine Service; shall be responsible for the heating, ventilation, and cleaning of the Church and its furnishings; and shall not allow it to be used for any profane purpose.
17. In the event of the Churchwardens being unable to agree regarding any question coming within the scope of their duties, the matter in dispute shall be referred by either nof them or by the Incumbent to the Archdeacon for adjudication. Appeal from the decision of the Archdeacon may be made to the Diocesan Council, and the decision and any consequential directions of the Diocesan Council shall be final and binding upon those concerned.
18. The Vestry may elect at its Annual Meeting, or any Parish Council established pursuant to Regulation may appoint, a person to act as Deputy to either or both of the Churchwardens, until the next Annual Meeting of the Vestry or until their successors are elected or appointed. A deputy to a Churchwarden shall in the absence of that Churchwarden have all the rights, privileges and duties of that Churchwarden, except those relating to or arising out of the corporate status of the Churchwardens.
19. The Churchwardens, upon taking office, shall prepare, or if they are successors in office, shall secure, from their predecessors in office a true and proper inventory of all the real and personal property in the custody or care or in any way belonging to the congregation or congregations in respect of which they have been elected or appointed; and shall maintain the same and deliver a copy thereof, as so maintained to their successors in office.
B.5.06 PARISH COMMITTEES
At each Annual Meeting of the Vestry of each congregation in a Parish there shall be appointed such committees as may be specified by Regulation.
B.5.07 LAY MEMBERS OF SYNOD
1. The aggregate number of persons that the Vestries of a Parish may elect as Lay Members of Synod shall be determined from time to time by the number of units, determined as
herein provided, in that Parish, as certified by the Incumbent and Churchwardens, for the purpose of such election, as follows.
Where the number of units in the Parish:
a) is not in excess of 300- 2 Lay Members elected;
b) exceeds 300 but is not in excess of 500- 3 Lay Members elected;
c) exceeds 500 but is not in excess of 800- 4 Lay Members elected;
d) exceeds 800 but is not in excess of 1200- 5 Lay Members elected;
e) and where the number is in excess of 1200- 6 Lay Members elected.
For the purposes of this Section:
a) two or more persons of any age in the same household shall constitute a family, and a family shall equal two units;
b) a person, who is not a member of a family, and is of the age of 16 years or over shall equal one unit; and
c) “person” means one who attends and supports the Church in the Parish or who looks to the clergy of the Parish for spiritual ministration.
2. All persons elected Lay Members of Synod by the Vestry of a Parish shall be members of the congregation or congregations in that Parish and at least one of such persons shall be a Churchwarden. In electing other Lay Members, Parishes shall have regard to representation of both sexes and of young persons in the Church, provided always that such persons are available and otherwise qualified to serve.
3. The election of Lay Members of Synod shall be conducted in such manner as the Chairperson of the Meeting may deem proper.
4. When a Parish has more than one congregation and the number of Laity Members to which the Parish is entitled cannot be allotted to each congregation without exceeding the limit for the Parish, then the Lay Representatives shall be divided among the congregations as evenly as may be in proportion to the number of units in each congregation, or as may be otherwise agreed upon by the Incumbent and all the Churchwardens of the Parish.
5. Lay Members of Synod shall be elected for a period of two years. In the case of a first election, one Lay Member shall be elected for two years and one for one year. The first term of one Lay Member of three being elected, and of two of five, shall be for one year; one half of an even number of members being elected shall be for one and two years respectively.
6. ALTERNATE LAY MEMBERS
Alternate Lay Members of Synod may be elected by a Vestry of a Parish, and such Alternate Lay Member may be designated to act in the place of a Lay Member who from any cause is unable to attend the Session or Sessions of the Synod or any sitting thereof during the period for which he or she has been elected.
7. An Alternate Lay Member of Synod shall serve only during the Session of the Synod for which he or she is reported to the Synod to act and shall not be eligible for election to any Committee of the Synod.
8. If a Lay Member of Synod dies, resigns, or ceases to be a Member of the Vestry which elected him or her, the office of Lay Member of Synod shall be vacated. Any such vacancy shall be filled by election at the next meeting of that Vestry.
REGULATIONS OF THE ANGLICAN DIOCESE OF OTTAWA
Consolidated up to December 31, 2023
R.3.01 SYNOD LAY MEMBERS
The Certificates of Election of Lay Members of Synod provided pursuant to Bylaw 3.01(1) shall be
in accordance with Form 1 (“Certificate of Election of Lay Members of Synod”) and Form 2
(“Parish Assistants and Officers”).
R.3.02 RECORDING OF MEMBERSHIP
At least 60 days prior to each Annual or other Session of the Synod, the Director of Community
Ministry shall furnish to the Secretaries of Synod a complete list of all Clergy of the Diocese and
all persons who are Members of Synod ex-officio, together with their mailing addresses; and the
Secretaries of Synod shall pass the same to the Director of Financial Ministry, together with a list
of the names and addresses of all Lay members of Synod as indicated on the Certificates of
Election provided pursuant to Regulation 3.01 They shall also provide to the Director of Financial
Ministry a list, subject to subsequent revision, of Parishes in respect of which no Certificates of
Election of Lay Members have been received.
R.3.03 CONVENING CIRCULAR
Upon receipt by the Director of Financial Ministry of the information referred to in Regulation
3.02 and of other material and data necessary therefor, he or she shall cause notice of each
Session of Synod to be given to all members thereof, such notice to be in the form of a printed
Convening Circular and to contain information relating to that Session, including for the Annual
Meeting of Synod:
1. Agenda for the Session of Synod referred to;
2. Composition of Agenda Committee and Resolutions Committee;
3. List of Members of Synod and Churchwardens;
4. Diocesan Financial Statement;
5. Procedure for balloting and voting at Synod;
6. Notices of Motion;
7. Budget;
8. Canons, Bylaws and Regulations changes, and
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9. Committee and other Reports as approved by the Diocesan Council for printing in the
Convening Circular;
and shall, not less than 21 days before the beginning of the Session of Synod, mail a copy of the
Convening Circular by prepaid post to each member of the Synod. Members shall be reminded
that the contents of the reports contained in the Convening Circular are confidential and not for
perusal by the general public prior to presentation to Synod.
R.3.04 ANNUAL REPORTS TO SYNOD
1. Every Annual Report to be presented to the Annual Meeting of the Synod shall be
delivered to the Secretaries of Synod not later than the first day of August in each year
2. The Chairperson of the Committee or the President of the organization presenting the
report or some member deputed by him shall explain to the Synod the bearing of any
portion of the Report, if requested by any member of Synod to do so.
R.3.05 UNALLOCATED
R.3.06 IDENTIFICATION
Each member of Synod, before taking his or her seat in a Session of the Synod shall register and
receive an Identity Card. Elected Lay Members shall produce their certificates of election Form 2
appended hereto, which shall be exchanged for Identity Cards by the Registrars. Clergy and
non-elected members will receive Identity Cards on presentation of the written Registration
Card.
R.3.07 REGISTRATION HOURS
1. Registration hours for the regular Session of Synod shall be:
a) for the first day of Synod, 8:30 a.m. to 3:00 p.m., unless the Session begins in the
afternoon or in the evening, in which case the Registration hours shall be during
one hour prior to the opening of Synod and the first two hours after the
beginning of the Session; and
b) for the second and third days of Synod, one half hour immediately preceding the
opening sitting and for one half hour following the noonday adjournment of the
Synod.
2. No registrations may be made after Registration has closed; and only persons so
registered shall be eligible to vote at any Session of Synod.
R.3.08 ORDER OF BUSINESS
1. The Synod may establish its own order of business. If not otherwise established by
Synod, the order of business at the Annual Meeting of Synod shall, subject to variation
from time to time by the Diocesan Council, be as follows:
a) delivery of the Annual Charge by the Bishop. This shall be reproduced and copies
distributed to the Members as soon after delivery as possible;
b) appointment of the Credentials Committee (if not previously appointed by the
Diocesan Council);
c) invitation of visitors to the floor of the house;
d) reading, correcting and approving the Minutes of the previous Session;
e) appointment of Scrutineers to take the vote in all elections to be held by ballot;
f) appointment of Sessional Committees;
g) presenting, reading and referring of Memorials, Petitions and Correspondence;
h) reports and Notices of Motion considered by the Diocesan Council to be of
special importance;
i) other Notices of Motion;.
j) appointment of Auditors;
k) consideration of the reports of Committees;
l) consideration of reports by diocesan organizations and of the Committee on the
Bishop’s Charge;
m) election of members of Diocesan Council, pursuant to Canon 3.10
n) consideration of the reports of the General and Provincial Synods as may be
required; and
o) such other business as the Chairperson may deem expedient.
2. Notwithstanding Section (1), motions of which notice has been given in the Convening
Circular shall have precedence over all other business on the second day of the Session.
R.3.09 TIME OF MEETINGS
Subject to variation by resolution of the Synod, the Synod shall meet for business at the hours
specified in the notice calling it into Session, and each sitting shall be opened with prayers
chosen for the occasion by the Bishop. Should an evening sitting of Synod not be provided for
in such notice, then no such resolution providing for an evening sitting may be passed after 5:00
p.m. on the same day.
R.3.10 MINUTES OF SYNOD
1. At each Session of the Synod, the Honorary Secretaries of Synod (or one of them) of the
last preceding Session, or someone on their or on his or her behalf, shall submit for
adoption a copy of the Minutes of the Proceedings of such Session except any portions
thereof which were adopted at any sitting of such last preceding session. On the
adoption of the Minutes so submitted, with such corrections as may be made thereto,
the same shall be authenticated by affixing thereto the Seal of the Synod attested by the
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signatures of the Chairperson of the Synod and of the Honorary Secretaries for the time
being.
2. The copy of the Minutes so authenticated shall be deposited with the Director of
Financial Ministry, who shall arrange to have them bound and available for reference at
the Synod Office, and the same shall constitute and be received as the authentic and
official record of the proceedings of such Session.
R.3.11 BALLOTING
1. Ballot papers shall be prepared for election to the offices referred to in Regulation
3.05(1), under the direction of the Secretaries of Synod, and only such ballots shall be
counted by the Scrutineers.
2. The ballot papers shall list the names of the nominees, with their initials only, in
alphabetical order followed by the name of the Parish or special category and shall be
given to members of Synod at the time of Registration.
3. A member may vote for as many nominees as he or she wishes up to the number of
positions to be filled, but “write in” nominees shall not be counted; and if more votes are
cast than the number of positions required to be filled, then the ballot shall be
considered to be spoiled.
4. Ballot boxes in which completed ballots may be placed shall be provided by the
Scrutineers for the ballot papers of the Clergy and Laity respectively and shall be
available at the following hours:
a) the first day of Synod – 9:00 a.m. to 5:30 p.m.
b) the second day of Synod – 9:00 a.m. to 12:30 p.m.
5. The Synod Secretaries shall arrange for the ballot boxes to be placed in safekeeping
following the adjournment of Synod on the first day and shall be locked when turned
over to the Scrutineers and remain locked until opened for counting of votes.
6. The Scrutineers shall hand over the ballot papers to the Synod Secretaries whose duty it
shall be to preserve them until the close of the Session of Synod and to see that they are
then destroyed.
7. The above instructions shall not apply to the election of a Bishop.
R.3.12 PROCEDURE AT MEETING
1. When the Bishop, or other person presiding, takes the Chair all members shall
immediately come to order.
2. The Bishop, or other person presiding, shall maintain order and decorum and shall
decide questions or order subject to an appeal to the Synod.
3. When the Bishop, or other person presiding, rises for the purpose of calling order or
deciding any point of order or otherwise, no member shall remain standing.
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4. Every member desiring to speak shall rise to his or her place and address the
Chairperson.
5. When two or more members rise to speak at the same time, the Bishop, or other person
presiding, shall decide which member is entitled to the floor.
6. a) All motions and amendments shall be in writing and seconded, with the names of
the mover and seconder thereon, and shall be read before being debated.
b) Except with the consent of the Bishop, or other person presiding, or of the Synod,
and except a motion in course, no motion shall be considered unless notice of
such motion shall have been given. Notices of Motion must be in writing and
signed by the mover and seconder and filed in duplicate with one of the
Secretaries of Synod either during or before a meeting of Synod. Any Notice of
Motion not recorded in the Convening Circular shall be posted on a notice board
at the place of meeting.
c) The Resolutions Committee of the Synod shall meet at designated times during
the Synod to receive motions in writing. The meeting times of the Resolutions
Committee will be published in the Convening Circular and announced when the
Synod convenes. The Resolutions Committee will also meet at the call of the
Chair as needed.
d) All motions must be considered by the Resolutions Committee, and will be
printed and distributed once the Resolutions Committee has approved them.
Amendments to original motions must be taken note of by the individual Synod
members..
e) Only one amendment shall be considered until disposed of, but an amendment
to the amendment may be proposed at any time, but so that only one such
amendment shall be before the Synod at one time.
f) A member who has made a motion or moved an amendment may, with the
concurrence of the person who seconded the motion, withdraw the same at any
time before a vote has been taken thereon, unless the person presiding hears
objection from one or more members to withdrawal of the motion, and if he or
she does so and the house consents, one of the objecting members may adopt
such motion as his or her own, and the record shall be changed accordingly.
g) A member who wishes to speak to a motion or an amendment shall declare their
position, whether in the affirmative or the negative, before commencing their
argument.
h) No member shall speak more than once on the same motion, nor more than
once on an amendment, except that the mover of the original motion shall have
the right of reply. Except with the consent of the house, the mover of a motion
may not speak for more than five minutes and the seconder three minutes and
each speaker thereafter three minutes and the mover three minutes in reply.
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7. a) When a question is under consideration, no other motion shall be received,
except to adjourn, to lay it on the table, to postpone it to a certain time, to
postpone it indefinitely, to amend it, or with the consent of the Chairperson to
move that the question be now put; and motions for any of these purposes shall
have precedence in the order here names.
b) A motion “that the question be now put” shall be put to the vote forthwith. If
decided in the affirmative, a vote shall be taken at once on the motion before the
Synod and without debate. If it be decided in the negative, the motion that “the
question be now put” cannot again be proposed until a vote has been taken on
the motion before the Synod. In taking a vote on a motion before the Synod, any
amendments thereto then before the house are to be first disposed of in
accordance with the prescribed procedure.
8. Motions to adjourn or to lay on the table shall be decided without debate.
9. Any member shall have the right, subject to the consent of the Chairperson, to require at
any period of the debate that a question in discussion be read for his or her information.
10. In voting on amendments, the one last moved shall be put first, in every case, and not
more than two amendments shall be under consideration at the same time.
11. When any question is being put from the Chair, the members shall continue in their seats
and shall not hold any private discourse; and when a motion is put, no member shall
retire until such motion is disposed of.
12. The ordinary mode of voting shall be by the Chairperson’s calling first upon those who
vote in the affirmative to signify and thereafter those who vote in the negative to signify;
and the number of members voting in each case counted by the Secretaries of Synod
and reported to the Chair, if so requested by any member of Synod present. At the
discretion of the Chairperson signifying may be verbal, by show of hands, or by rising.
13. A question being once determined shall not be brought into discussion again in the
same Session except with the sanction of the Chairperson and of the majority of the
members present.
14. Motions arising from seminars:
a) Motions arising from discussions in seminars will be received by the Resolutions
Committee not later than 12:30 pm on the last day of Synod.
b) Motions relating to seminars must have a mover and a seconder who are
members of Synod and who were present at the seminar.
c) Motions will be reproduced and distributed to members of Synod prior to the
beginning of the Saturday afternoon session.
d) Motions arising from seminars will be identified for the purpose of a no-debate
list. Any member of Synod may signify an intent to debate against the motion in
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which case the motion will be placed on the agenda. Motions not debated will
receive formal approval in an omnibus motion at the end of the session.
e) When a seminar motion is to be debated, the mover shall have five minutes, the
seconder shall have three minutes and all other speakers shall have two minutes.
The chair may limit the number of speakers.
15. In any unprovided case, resort shall be had to the Rules of Order of the House of
Commons of Canada for guidance.
R.3.13 SYNOD JOURNAL
1. The Synod Journal shall be published forthwith after each annual Session of Synod and
its contents shall include:
a) Alphabetical List of Clergy;
b) Clergy in order of seniority for the purpose of the Clergy Trust Fund;
c) List of Licensed Lay Readers;
d) Synod Office Bearers;
e) Composition of the Diocesan Council and Committees together with Synod
delegates to extra-diocesan bodies;
f) List of Members of Synod and Churchwardens;
g) Proceedings of Synod;
h) Amendments to Canons, Bylaws and Regulations;
i) Statement of Parish Fair Share and Pension Assessments together with receipts
for the previous year;
j) Statement of Costs of Priestly Services including support costs throughout the
Diocese for the current year
k) Statement of Parish Fair Share and Pension Assessments for the current year;
l) Diocesan Deanery and Parochial Statistics;
m) Table of Contents, and
n) Index.
2. Each Incumbent shall each year make a return to the Secretaries of Synod in accordance
with Form 2 (“Parish Assistants and Officers”) of the names and addresses of the
Churchwardens, Licensed Lay Readers, Treasurers and Sunday School Superintendents in
each Parish, and the names of the Lay Readers shall be printed in the Synod Journal after
the Clergy List.
3. A copy of each issue of the Synod Journal may be mailed to all clerical, lay and other
members of Synod, as soon as may conveniently be done after each Session of Synod.
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R.3.14 MOTIONS REGARDING EXPENDITURES
1. Any motion or amendment that involves the spending of money not already provided
for in the Parish Fair Share Budget approved by the Diocesan Council should indicate the
particular source of that money, whether by reduction of an item of expenditure already
proposed for the budget, or whether by expansion of assessment for Parish Fair Share
levied against the parishes for the Parish Fair Share budget, or whether by monies arising
from some other particular source. Consideration of the matter by the Diocesan Council
or some other Committee upon a request from the Synod shall include suitability and
adequacy of the proposed source of that money, as well as other possible sources and
steps to be taken to appropriate them and where necessary, a report back to the Synod
with recommendations for action as soon as possible.
2. Any motion or amendment that has the effect of reducing all or a part of the Parish Fair
Share Budget approved by the Diocesan Council should not be considered by the Synod
unless it identifies the particular item or items of expenditure to be reduced, or unless it
gives particular instructions to the Diocesan Council about levels or types of reduction to
be made and authorizes implementation of the budget, to be amended by the
reductions as indicated if those reductions can be made by the Diocesan Council. Before
such motion or amendment is voted upon by the Synod, the presiding officer may call
upon the Director of Community Ministry or the Director of Financial Ministry or some
other person to address the Synod on the nature and consequences of the proposed
reduction. In addition, the presiding officer may refer the motion or amendment to one
of the Diocesan Committees for consideration of the nature and consequences of the
proposed reduction and for a report with recommendations as soon as possible back to
the Synod.
3. Reference of a motion or an amendment does not dispose of that motion other than to
table it until a report back is made on the reference. In the meantime, other motions or
amendments may be dealt with in the ordinary course, except that any motion to adopt
the Parish Fair Share budget should be dealt with only after the motion or amendment
that was referred has been disposed of.
R.3.15
1. MEMBERS OF GENERAL SYNOD
a) General Synod assumes financial responsibility for transportation and meals en
route according to the approved schedule.
b) Subject to these Regulations, the Diocese will assume financial responsibility for
accommodation as arranged by General Synod, or allowance if members choose
to make their own arrangements for accommodation; and General Synod
assumes financial responsibility to members of National Executive Council and
members of General Synod Committees for transportation and meals en route in
accordance with the approved schedule; and subject to these Regulations, the
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Diocese will be responsible for all other necessary accommodation and living
expenses during the period of required attendance.
2. MEMBERS OF PROVINCIAL SYNOD
The Diocese will be responsible for all necessary expenses incurred by Members of
Provincial Synod not provided by the Provincial Synod.
3. REPRESENTATIVES TO TRINITY COLLEGE
The Diocese will be responsible for necessary expenses for its appointed representatives
to the Corporation of Trinity College while attending official and semi-annual meetings
of the Corporation of Trinity College.
R.3.16
1. DUTIES OF THE EXECUTIVE ARCHDEACON
Subject to the provisions of B.3.05, the Executive Archdeacon, if any, shall direct and be
responsible for the work of the Director of Financial Ministry and of the Director of
Community Ministry and shall be responsible to the Bishop for Diocesan Special
Ministries. His or her role as personnel coordinator shall include special responsibility for
liaison with Archdeacons and Regional Deans, liaison with the Warden of the Lay Readers
Association, diocesan theological students, postulants and candidates for ordination,
administration of the Continuing Education Plan for clergy and lay workers, coordination
of clergy supply in vacant parishes and elsewhere in cooperation with Archdeacons and
Regional Deans, determination of salaries of diocesan lay employees, and shall be
prepared to advise the Bishop on any matter relating to Clergy and Parishes.
2. DUTIES OF THE EXECUTIVE ASSISTANT TO THE BISHOP
There may be an Executive Assistant to the Bishop, appointed by the Bishop, who may be
assigned by the Bishop the role of personnel coordination as aforesaid.
3. DUTIES OF THE DIRECTOR OF FINANCIAL MINISTRY
Subject to the provision of Bylaw 3.05(6), the Director of Financial Ministry shall advise
and assist the Financial Affairs Committee, attend meetings thereof, and implement
decisions taken and policies approved by the Committee. The Director of Financial
Ministry, more particularly, is responsible for recommending and implementing policies
and procedures for the Diocese concerning:
a) preparation for and facilitating the work of the Synod;
b) accounting and auditing;
c) preparation of budget and administration of funds thereunder;
d) office administration including personnel changes and salaries;
e) loans and investments;
f) administrative services for the Bishop, Synod and Committees of the Diocese; and
g) publications.
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He or she shall, together with the Chairperson of the Financial Affairs Committee,
provide advice and assistance to the Diocesan Council respecting the administration and
financial affairs of the Diocese. The Director of Financial Ministry shall perform such
added duties as from time to time may be assigned to that office.
R.3.17 FISCAL AGENCY
1. The Director of Financial Ministry shall keep such books of account, vouchers, records,
papers or documents with respect to the monies belonging to, held by or under the
control of Synod, as the auditors of the Synod may advise or the Diocesan Council or the
Synod may determine. The Director of Financial Ministry shall maintain three accounts
for the monies of the Synod, namely an interest-earning account for the deposit of
Synod monies generally, a general or chequing account into which funds will be
transferred from time to time from the interest-earning account so that authorized
disbursements may be made as may be necessary, and a salary account into which
monies regularly received from Parishes for payment of clergy would be deposited as
well as funds from the interest-earning account for the payment of other clergy and
Synod Office staff salaries. A statement of all accounts is to be rendered monthly by the
bank.
2. The Director of Financial Ministry may open such bank accounts as are required from
time to time for special purposes and report the same to the Financial Affairs Committee.
3. Deposits of monies of the Synod may be made by the Director of Financial Ministry, or
the Accountant employed in the Diocesan Office. Statements, vouchers, bills of exchange
or other negotiable instruments may be delivered to the Director of Financial Ministry or
someone designated as his or her agent for that purpose.
4. All cheques, promissory notes, bills of exchange or other negotiable instruments, any
orders for payment of money, contracts for letters of credit or forward exchange, and
otherwise all instruments or documents for the purpose of binding or obligating the
Synod in connection with accounts and transactions with the bank whether or not an
overdraft is thereby created, shall be signed by the Director of Financial Ministry, and
together with one of: the Bishop, the Dean, the Executive Archdeacon , the Director of
Community Ministry, except that the Director of Financial Ministry alone is authorized to
sign cheques in the sum of $500.00 or less; payroll cheques may be signed by any of the
Bishop, the Executive Archdeacon, the Director of Financial Ministry, or the Bishop’s
Commissary, duly appointed. In the event of the absence of any of the foregoing persons
for the purpose indicated, then with the advice in writing of either the Bishop or the
Director of Financial Ministry, the Treasurer or the Assistant Treasurer may sign cheques,
and the Clerical Secretary may countersign them.
R.3.18 RULES OF THE DIOCESAN COURT
PREAMBLE
All Christ’s faithful, and especially Bishops, are to strive earnestly, with due regard for justice, to
ensure that lawsuits among the people of God are as far as possible avoided, and are settled
promptly and without rancour.
The Ecclesiastical Court of the Diocese of Ottawa serves the Christian community. The Christian
community is entrusted with the ministry of reconciliation. To that end, in harmony with
scripture, members of the Christian community are to conduct ourselves without acrimony,
malice or vengeance, trying to keep the best interests of all parties before the court at all times.
1. STYLE
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.
2. PRELIMINARY INVESTIGATION
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.
3. FORM OF CHARGE AND HEARING BY COURT
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.
4. NOTICE OF HEARING
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.
5. SERVICE OF NOTICE OF HEARING
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.
6. PROCEDURE ON FAILURE TO ATTEND AFTER NOTICE
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 who will not be entitled to any further
notice in the proceedings.
7. FURNISHING INFORMATION TO PARTY WHERE CHARACTER OR CONDUCT IN ISSUE
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.
8. REPRESENTATION BY COUNSEL
A party to the proceedings may be represented by counsel duly admitted to practise in
the Ontario Court of Justice, or the Superior Court of Quebec, may call and examine
witnesses and present arguments and submissions, and may conduct cross-examinations
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 interests of justice,
and where any party is charged with any offence the court may appoint counsel to
prosecute the charge.
9. WITNESSES’ RIGHTS
A witness at a hearing is entitled to be advised by counsel as to such witness’ rights, but
such counsel may take no other part in the hearing without leave of the court, and where
a hearing is in camera, a counsel for a witness is not entitled to be present except when
that witness is giving evidence.
10. OPEN HEARINGS
A hearing shall be open to the public except where the court is of the opinion 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.
11. OATHS
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.
12. POWER TO SUMMON WITNESSES
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 commission or the Registrar of the
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court or other person authorized by the civil law of the province to examine witnesses or
take statutory declarations.
13. SERVICE OF SUMMONS
The summons herein referred to shall be served personally in accordance with the rules
of the Ontario Court of Justice. If personal service cannot be reasonably effected, the
court may make such order for substituted or other service as it deems fit.
14. INFERENCES
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 trial.
15. CANADA EVIDENCE ACT
A witness at a hearing shall be deemed to have objected to answer any question that
may be asked of such witness on the grounds 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 trial 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.
16. AFFIDAVIT EVIDENCE
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.
17. DEPOSITIONS AND COMMISSION EVIDENCE
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 of Justice, and such testimony
may be given in evidence.
18. ADMISSION OF EVIDENCE
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 which 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.
19. COPIES OF DOCUMENTS
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
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may authorize a copy to be filed in evidence when certified to be a true copy by a
member of the court.
20. JUDICIAL NOTICE
The court may take notice of facts which may be judicially noticed, and take notice of any
generally recognized scientific or technical facts, information or opinions within its
scientific or specialized knowledge.
21. DECISION IN WRITING
The court shall give its final decision or order, if any, in writing, and shall give reasons in
writing therefor if requested by any party
22. SERVICE OF DECISION
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.
23. FILING A DECISION WITH ONTARIO COURT OF JUSTICE
A certified copy of a final decision or order may be filed by the court or any party in the
office of the Registrar of the Ontario Court of Justice or the Superior Court of Quebec,
and it may be enforced at the instance of the court, or of such party in the name of the
court, in the same manner as a judgement of the Ontario Court of Justice or the Superior
Court of Quebec.
24. RESCINDING OR VARYING A DECISION OR ORDER
Where any decision or order is made rescinding or varying a decision or order previously
made by the court which has been filed with the Registrar of the Ontario Court of Justice
or the Superior Court of Quebec, the decision order rescinding or varying a former
decision or order shall also be filed.
25. RECORD
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.
26. MAINTENANCE OF ORDER
The court may make such orders or take such proceedings as it considers necessary for
the maintenance of order at the hearing.
27. ABUSE OF PROCESS
The court may make such orders or give such directions in proceedings before it as it
considers proper to prevent abuse of its processes.
28. LIMITATION OF CROSS-EXAMINATION
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 facts.
29. ADJOURNMENT
Any hearing may be adjourned from time to time by the court.
30. NOTICE OF ORDER BY PUBLICATION
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.
31. AMENDMENTS
Amendments to any proceeding or document may be made by order of the court at any
time.
32. ADDING OR DELETING PARTIES
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.
33. APPLICATION TO ONTARIO COURT OF JUSTICE FOR DIRECTIONS
The court may apply to the Ontario Court of Justice 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 of Justice, where permitted by law.
34. ALTERNATIVE DISPUTE RESOLUTION
Where appropriate, all forms of Alternative Dispute Resolution may be explored and are
specifically encouraged.
35. MATTERS NOT PROVIDED FOR
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 of Justice, including
costs and security for costs.
R.3.19 DUTIES OF THE DIRECTOR OF COMMUNITY MINISTRY
1. Subject to the provisions of Bylaw 3.05(7), the Director of Community Ministry shall
advise and assist the Parish Ministry Development Committee and attend meetings
thereof. He or she shall implement and coordinate programmes and policies approved
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by that Committee and coordinate existing diocesan and regional programmes. He or
she shall also plan and arrange for training of Diocesan Lay Readers, assist diocesan
organizations by assisting in planning and implementing programmes, consult with
clergy about Parish programmes, and respond to parochial requests for help in
development of parish life and ministry. The Director of Community Ministry shall give
direction to the programme staff and to Parish Ministry Development subcommittees as
well as to special Diocesan Ministries and project groups. He or she is responsible for
matters of Christian education and for matters of stewardship.
2. The Director of Community Ministry shall also have prepared and submitted to the
Financial Affairs Committee each year a budget of estimates of proposed expenditures
for implementing diocesan programmes, and he or she shall present the budget to the
Annual Meeting of the Synod for approval. Together with the Director of Financial
Ministry, the Director of Community Ministry shall be responsible for preparing for and
facilitating the work of Diocesan Synods according to the requirements of the Canons,
Bylaws and Regulations. As well, he or she shall administer any diocesan programme for
the coordination and integration of the activities of the Anglican Church Women, the
Brotherhood of Anglican Churchmen, Youth Organizations, and other existing
organizations as well as other organizations that may be established within the Diocese
from time to time; and ex officio, he or she shall be at liberty to attend meetings of all
such organizations for the purpose of providing advice and maintaining liaison.
R.3.20 DUTIES OF THE SECRETARIES OF SYNOD
In addition to other duties that may be assigned to the Clerical Secretary and Lay Secretary by or
pursuant to the Canons or these Bylaws, it shall be the duty of the Secretaries of Synod, under
the direction of the Executive Archdeacon:
1. to keep regular Minutes of the proceedings of the Session of the Synod; to preserve all
papers, memorials, and documents pertaining to the Session; to conduct the
correspondence and attest the public acts of the Session; to furnish daily during the
Session, as may be necessary, a summary of the unfinished business and to deliver all
records and documents relating to the Session to the Director of Financial Ministry; and
2. to be responsible for the printing of all notices, reports, minutes of proceedings, and
other matters relating to a Session of the Synod, arrangements for such printing to be
made by the Director of Financial Ministry.
R.3.21 COMMITTEES OF THE DIOCESE
1. Persons appointed by the Diocesan Council to any Committee shall hold office only until
the end of the first meeting of the Diocesan Council following the next ensuing Session
of Synod, or until their successors are appointed.
2. At the first meeting of each Committee following the first meeting of the Diocesan
Council after an Annual Session of Synod, that Committee shall appoint a Secretary, who
shall hold office until a successor is elected.
3. The Chairperson, or in his or her absence, the Vice Chairperson, shall preside at all
meetings of each Committee, and it shall be the duty of the Secretary, at the direction of
the Chairperson, to issue Notice of Meetings and keep minutes thereof. Each Committee
may make such other rules respecting the conduct of meetings as it may deem
expedient.
4. The Chairperson of each Committee or someone designated by him or her shall report to
each regular meeting of the Diocesan Council, on matters coming before it.
R.3.22 COMMITTEE NOMINATIONS PROCESS
1. Nominations shall be based on specific skill requirements for each Committee as are
outlined in their respective Terms of Reference. A chart outlining the mandatory and
desirable skills and characteristics for consideration and basic criteria exists for each of
the Committees to inform the Committee nominations process. See Appendix A to these
Regulations for an illustrative sample of the chart.
2. Allocation of Diocesan Council members to Committees is to be completed when new
members join the Diocesan Council, as follows.
a) the Governance and Communications Committee shall ask new Diocesan Council
members to indicate those Committees on which they have an interest in serving;
b) the Governance and Communications Committee shall then review this
information, with reference to the chart for each Committee, to develop a
proposed allocation of Diocesan Council members to Committees based on:
i) council member interest;
ii) Committee requirements, and
iii) specific skill requirements.
c) The Governance and Communications Committee shall then present this
proposed allocation to the Diocesan Council for modification and approval.
d) The Diocesan Council shall then make adjustments as necessary and approve the
allocation of members to Committees.
3. Nominations for the remaining Committee membership are completed as vacancies arise, as follows:
a) each committee, in conjunction with the Governance and Communications
Committee, shall review skill and characteristic requirements, using the chart, and
identify the type of Committee member(s) required;
b) each Committee, with assistance from the Governance and Communications
Committee, shall then identify and solicit nominations for additional Committee
members from outside of the Diocesan Council;
c) each Committee shall then review all nominees and, based on the Committee
chart, develop a proposed slate of candidates;
d) the Governance and Communications Committee shall review and provide
feedback on the proposed candidates;
e) each Committee shall make revisions based on the feedback;
f) each Committee shall present the proposed slate of Committee candidates to the
Diocesan Council for endorsement.
4. Committee Appointments
a) The Diocesan Council shall normally appoint the Committee chairperson from the
Diocesan Council members appointed to the Committee.
b) The Vice Chairperson shall be selected by the Committee chairperson from the
Committee membership and need not be a member of the Diocesan Council.
R. 3.23 COMMON COMMITTEE TERMS OF REFERENCE
1. Responsibilities of Committee Members:
a) all members of Committees have the basic fiduciary duty to discharge individual
duties in good faith;
b) Committee members are responsible to act on behalf of the Diocese as a whole
when making a decision;
c) members are required to address and report potential conflict of interest
situations in accordance with Diocesan policy;
d) members are expected to prepare for and attend Committee meetings. Absence
from more than three consecutive meetings of any Committee shall result in that
member, other than an ex officio member, being deemed to have tendered his or
her resignation to be effective upon acceptance thereof by that Committee;
e) all members of Committees shall act as partners with the Committee chairperson
and work with other Committee members so that the Committee functions as a
deliberative and participative body;
f) the committee chairperson is expected to facilitate effective and collaborative
debate of the issues and suggestions brought forward to the Committee, and
g) whatever views and opinions are shared in Committee, members are expected to
impartially represent the actions or decisions of the Committee to others outside
of the Committee.
2. Appointments, Nominations and Elections.
Nominations and appointments to committees shall be according to the Committee
Nominations Process.
3. Terms.
Members shall serve for a fixed term not to exceed three years, with a limit of two
consecutive terms total (except where a specific role dictates the ongoing membership
of a person on a Committee).
4. Leadership.
The chairperson shall normally be a member of the Diocesan Council selected by the
Diocesan Council. The Vice Chairperson shall be selected by the chairperson from the
Committee membership and need not be a member of the Diocesan Council.
5. Committee Operations:
a) Attendance: meetings shall require a quorum of 60% of the voting committee
members to be present. Committee members are expected to actively participate
in meetings including attending meetings, reviewing meeting documentation,
evaluating reports, and reading minutes.
b) Administration: the agenda shall be set by the chairperson.
c) Documents: all Committee meeting documents shall normally be provided to
members for review at least one week in advance of the meeting date. All items
for the agenda are to be with the supporting staff member at least fourteen days
prior to the date of the meeting.
d) Decision Making Authority: the Committee exercises the authorities granted to it
in the Canons, Bylaws and Regulations, and authorities that may be granted to it
at the discretion of the Diocesan Council and the Bishop. Committees may not
further sub delegate authorities without the permission of the Diocesan Council.
e) Reporting: committees report to the Diocesan Council through the chairperson.
f) Subcommittees: a general guideline of between three to six members for each
subcommittee with the addition of ex officio members as required. Membership
to be established by the Committee based on interest and specialized skill
requirements. Membership to consist of a mix of Committee and non-Committee
members, with at least 50% of subcommittee members being Committee
members.
g) Staff Attendance: staff shall be assigned to Committees to attend and provide
support as required.
h) Additional Attendance: The Bishop is ex officio a member of all Committees and
may attend as a member or otherwise. At the invitation of the Bishop, any
Coadjutor, Suffragan or Assistant Bishop of Ottawa may likewise attend any
Committee meetings.
i) Policies and Practices: as appropriate, Committees may establish internal rules
and procedures, policies and practices for its operations.
j) Canons, Bylaws and Regulations: all Committees shall review the Canons, Bylaws
and Regulations of the Diocese that pertain to matters of their respective
Committee at least annually and recommend any changes to the Diocesan
Council;
6. DECISION RIGHTS AND DELEGATION OF AUTHORITY.
The Diocesan Council may approve processes to guide the delegation of decision
making authority, as well as considerations around decision principles and
implementation. Any such frameworks may be found in Diocesan policy guidelines.
RESPONSIBILITIES OF COMMITTEES
R. 3.24 GOVERNANCE AND COMMUNICATIONS COMMITTEE
The Governance and Communications Committee is responsible for:
Governance:
1. developing and maintaining policies and processes for effective governance consistent
with the principles established;
2. reviewing and recommending changes to Council processes and procedures to optimize
Council effectiveness;
3. maintaining current and applicable Terms of Reference for the Council, Committees,
subcommittees and task forces;
4. reviewing special governance arrangements for major projects and initiatives;
5. maintaining and overseeing the execution of an orientation program for new Council
and Committee members;
6. managing periodic assessment of Council and Committee structure and performance,
and overall governance effectiveness; and
7. establishing and overseeing subcommittees as considered necessary by the Committee.
Communications:
8. providing guidance and direction to the development, implementation and updating of
a communications strategy in support of both the Diocese and parishes, including
advancing effective internal and external communications;
9. endorsing the communications priorities and final strategic communications plan;
10. ensuring the allocation of resources for communications activities is in line with the
strategy, and
11. monitoring and assessing progress against the strategic communication plan and
objectives.
Nominations:
12. managing and maintaining the nomination process for Diocesan Council and
Committees;
13. managing a governance recruitment strategy and tools for the recruitment and
nomination of Council and Committee members to strategically attract new members;
14. identifying and soliciting candidates for nomination, and making nominations for
Diocesan Council members;
15. maintaining the Council and Committee composition chart, reviewing the composition of
the Council and Committees and ensuring there are sufficient nominees to meet
required and desired profile, and
16. monitoring the term of office of all Council members and proactively confirming
members who will be renewing their terms.
R.3.25 COMMUNITY MINISTRY DEVELOPMENT COMMITTEE
The Community Ministry Development Committee is responsible for:
1. ensuring programs and services are consistent with the mission and strategy of the
Diocese and recommending changes, from time to time as needed, to individual
programs and services (such as vision, goals, strategies);
2. overseeing programs and services within its mandate, which include:
a) Cornerstone/Le Pilier
i) There shall exist under the authority of the Synod and of the Diocesan
Council, an organization of the Diocese to be known as Cornerstone
Housing for Women – Le Pilier Logements pour Femmes (Cornerstone).
Cornerstone shall be an instrument of the Diocese for providing
emergency shelter and supportive housing for women who are homeless
or at risk of homelessness.
ii) A Director shall be appointed by the Bishop to coordinate and supervise
the ministry and financial affairs of Cornerstone, and whose further duties
and responsibilities shall be as prescribed by Regulation.
iii) A Management Board shall be appointed which shall be responsible for
proposing goals and objectives for Cornerstone and for the development
and overall management of the priorities in ministry arising therefrom.
The Board shall also oversee the financial affairs of Cornerstone on behalf
of the Diocese within terms and conditions delegated to it by the
Diocesan Council. The Board shall have such further duties and
responsibilities as may be prescribed by Regulation.
b) The Well/La Source
i) There shall exist under the authority of the Synod and of the Diocesan
Council, an organization of the Diocese to be known as The Well/La
Source (“The Well”). The Well shall be an instrument of the Diocese which
maintains a centre where women and their children can gather in safety
and receive spiritual, emotional and physical sustenance in an
empowering environment.
ii) A Director shall be appointed by the Bishop to coordinate and supervise
the ministry and financial affairs of The Well, and whose further duties and
responsibilities shall be as prescribed by Regulation.
iii) A Management Board shall be appointed which shall be responsible for
proposing goals and objectives for The Well and for the development and
overall management of the priorities in ministry arising therefrom. The
Board shall also oversee the financial affairs of The Well on behalf of the
Diocese within terms and conditions delegated to it by the Diocesan
Council. The Board shall have such further duties and responsibilities as
may be prescribed by Regulation.
c) Anglican Social Services Centre 454
i) There shall exist under the authority of the Synod and of the Diocesan
Council, an organization of the Diocese to be known as the Anglican
Social Services Centre, (Centre 454). Centre 454 shall be an instrument of
the Diocese for providing and maintaining a place where those in need
can receive guidance and support counselling and, as required, food and
clothing.
ii) A Director shall be appointed by the Bishop to coordinate and supervise
the ministry and financial affairs of Centre 454, and whose further duties
and responsibilities shall be as prescribed by Regulation.
iii) A Management Board shall be appointed which shall be responsible for
proposing goals and objectives for Centre 454 and for the development
and overall management of the priorities in ministry arising therefrom.
The Board shall also oversee the financial affairs of Centre 454 on behalf
of the Diocese within terms and conditions delegated to it by the
Diocesan Council. The Board shall have such further duties and
responsibilities as may be prescribed by Regulation.
d) Ottawa Pastoral Centre (otherwise known as the Ottawa Pastoral Counselling
Centre)
i) There shall exist under the authority of the Synod and of the Diocesan
Council, an organization of the Diocese to be known as the Ottawa
Pastoral Centre (OPC). OPC shall be an instrument of the Diocese for
providing professionally trained pastoral care services for individuals with
personal, marital and family concerns.
ii) A Director shall be appointed by the Bishop to coordinate and supervise
the ministry and financial affairs of OPC, and whose further duties and
responsibilities shall be as prescribed by Regulation.
iii) A Management Board shall be appointed which shall be responsible for
proposing goals and objectives for OPC and for the development and
overall management of the priorities in ministry arising therefrom. The
Board shall also oversee the financial affairs of OPC on behalf of the
Diocese within terms and conditions delegated to it by the Diocesan
Council. The Board shall have such further duties and responsibilities as
may be prescribed by Regulation.
3. developing approaches to monitor the effectiveness of programs and services within its
mandate and reporting to Council on program effectiveness;
4. providing advice and feedback to program leaders on program development and
performance;
5. reviewing program and service requests and proposals, and providing them to the
Diocesan Council as required;
6. providing oversight of related legal entities within its mandate;
7. working with community partners in identifying solutions to community issues;
8. identifying and promoting awareness of issues, trends and emerging needs in the
broader community in concert with Diocesan policy and other Diocesan communication
initiatives;
9. working in concert with the Audit and Risk Committee to provide oversight of key risks;
10. establishing and overseeing subcommittees as considered necessary by the Committee
in collaboration with the Governance and Communications Committee.
R.3.26 PARISH MINISTRY DEVELOPMENT COMMITTEE
The Parish Ministry Development Committee is responsible for:
1. ensuring programs and services are consistent with the mission and strategy of the
Diocese and recommending changes, from time to time as needed, to individual
programs and services (such as vision, goals, strategies);
2. overseeing programs and services within its mandate;
3. developing approaches to monitor the effectiveness of programs and services within its
mandate and reporting to the Diocesan Council on program and service effectiveness;
4. providing advice and feedback to program leaders on program development and
performance;
5. reviewing program and service requests and proposals, and providing them to the
Diocesan Council as required;
6. working with Diocesan partners, particularly ecumenical partners, in identifying program
needs;
7. working in concert with the Audit and Risk Committee to provide oversight of key
program risks;
8. establishing and overseeing subcommittees as considered necessary by the Committee
in collaboration with the Governance and Communications Committee.
R.3.27 FINANCIAL AFFAIRS COMMITTEE
The Financial Affairs Committee is responsible for:
1. providing oversight and stewardship of the financial affairs of the Diocese;
2. advising and making recommendations to the Diocesan Council regarding its financial
affairs and property matters;
3. conducting financial planning, including the preparation of annual budgets or other
periodic estimates of the financial requirements of the Diocese;
4. conducting regular reviews of the financial standing of the Diocese in relation to the
current budget;
5. reviewing the audited financial statements, and Auditor’s Report in consultation with the
Risk and Audit Committee;
6. establishing, reviewing and recommending changes to financial policy (e.g. investments,
property, insurance, Parish Fair Share) and financial delegations;
7. considering and passing upon applications for special appeals to the Diocese for money;
8. considering and approving, or recommending to Diocesan Council, all matters related to
Diocesan property and capital expenditures or purchases (e.g. building contracts, capital
expenditures, building or structural alterations, property purchase, sale, lease, or
mortgage, et cetera);
9. providing oversight of investments including the administration of the Consolidated
Trust Fund (CTF) with such responsibilities and duties as may be prescribed by law;
10. providing oversight of benefits policies and administration (e.g. Retirement Allowance
Fund; housing allowance), and
11. establishing and overseeing subcommittees as considered necessary by the Committee
in collaboration with the Governance and Communications Committee.
R.3.28 RISK AND AUDIT COMMITTEE
The Risk and Audit Committee is responsible for:
1. providing oversight of the actions of the Director of Financial Ministry in the
establishment and maintenance of appropriate systems for accounting and internal
controls, and of the external auditors in the planning and carrying out of a proper audit;
2. monitoring the quality and integrity of the accounting and financial reporting process,
and the systems of internal control through discussions with the Director of Financial
Ministry and with the external auditors;
3. oversight of the quality and objectivity of the financial statements and the independent
audit thereof;
4. reviewing the results of the external audit, any significant problems encountered in
performing the audit, and management’s response and/or action plan related to any
Management Letter issued by the external auditors and any significant recommendations
contained therein;
5. providing oversight to the planning and execution of internal audits, and considering any
areas of financial risk identified through the internal audits;
6. considering any areas of financial risk as a result of a review of the internal controls or as
a result of an analysis of areas of potential financial risk of which the Diocese may be
exposed;
7. ensuring the effectiveness of systems for assessing and managing risk including financial
risk, strategic risk, operational risk, reporting and disclosure risk and reputational risk;
8. providing oversight and direction to program evaluation activities, including establishing
an evaluation framework and plan, and monitoring the execution of the framework plan;
9. acting as a liaison between the independent auditors and the Diocesan Council, and
10. establishing and overseeing subcommittees as considered necessary by the Committee
in collaboration with the Governance and Communications Committee.
R.3.29 FURTHER OFFICERS OF SYNOD
The Diocesan Council may elect or appoint persons, who may, but need not be, members of the
Diocesan Council, to any or all of the following offices of Synod with such duties and
responsibilities and for such terms of office as the Diocesan Council may determine:
1. an Assistant Treasurer,
2. an Assistant Lay Secretary,
R.3.30 CUSTODIAL SERVICES
The Custodial Services for the Consolidated Trust Fund shall be provided by such financial
institutions as are determined from time to time by the Director of Financial Ministry and the
Treasurer of the Diocese.
1. The Main Branch of the Canadian Imperial Bank of Commerce at Toronto, Ontario, shall
be and is designated as a subsidiary Bank of the Synod while the Treasurer and the
Director of Financial Ministry shall maintain such bank accounts as are essential to the
good order and operation of the Consolidated Trust Fund and to the management and
custody of the portfolio of the securities thereof.
2. The Diocesan Solicitor shall be and is designated as trustee to have under his or her
custody the commercial mortgage securities of the Synod.
3. The Synod, as trustee through its duly authorized agent, shall have under its custody
other securities or trusts not otherwise herein specifically provided for.
R.3.31 CLERGY TRUST FUND
1. The source of the Clergy Trust Fund was the Commutation by the Clergy of the Diocese
of Toronto (1885-1887) of their Clergy Reserve Stipends (amount received from the
Government, £224,900 16s. 8d.). When the Diocese of Ontario was separated from that
of Toronto, a proportion of the capital was transferred. On the formation of the Diocese
of Ottawa, the Diocese of Ontario transferred the capital sum of about $125,000 to the
Diocese of Ottawa.
2. The net annual income of the Clergy Trust Fund shall be divided into equal sums of $400
each (any surplus amount at the end of the calendar year being capitalized), and the sum
of $400 shall be paid as an annuity each year to the number of Clergy senior in point of
continuous service in the Diocese of Ottawa corresponding to the number of equal sums
of $400. As soon as there is sufficient income to place an additional annuitant on the
Fund, the Director of Financial Ministry shall proceed to do so.
3. When a Cleric has become an annuitant to this Fund, he or she shall remain such unless:
a) the income of the Fund is not sufficient, having regard to his or her seniority
referred to in Section (2), to pay the annuity;
b) he or she transfers to another diocese; or
c) he or she comes under ecclesiastical censure;
but in the last case, the annuity may be restored at the discretion of the Bishop when
and if such censure is lifted.
4. For the purpose of this Regulation, the seniority of a Cleric shall be considered to begin
on the date on which he or she takes up actual duty in the Diocese of Ottawa; and any
question of seniority or interpretation of this Regulation shall be decided by the Bishop,
whose decision shall be final.
5. The Director of Financial Ministry shall maintain a list of Clergy in waiting for the Clergy
Trust Fund.
a) For the purposes of this Regulation, Clergy in the Diocese of Ottawa become
eligible for the waiting list for the Clergy Trust Fund upon:
i) ordination and taking up an appointment in a parish or Diocesan Ministry,
or
ii) being received by the Bishop from outside the Diocese and taking up an
appointment in a parish or Diocesan Ministry.
b) Clergy on the waiting list for the Clergy Trust Fund shall remain eligible so long as
they are in continuous service in the Diocese.
c) Clergy on the waiting list for the Clergy Trust Fund may be removed from the
waiting list upon entering full-time secular employment.
d) Clergy on leave from the Diocese for more than four consecutive years shall be
removed from the waiting list. On returning to the Diocese and taking up an
appointment in parish or Diocesan Ministry, the Cleric shall have his or her name
put at the foot of the waiting list.
R.3.32 DIVINITY STUDENTS FUND
1. The Divinity Students Fund shall consist of the existing Divinity Students Fund and of all
collections, subscriptions, donations and legacies given for assisting students in Divinity.
2. The Bishop may, at his or her discretion, when provided with the necessary funds,
authorize a grant to any student in Divinity upon the following conditions:
a) The applicant shall declare in writing that he or she is actually in need of
assistance and shall produce a certificate from a physician in good standing, duly
approved by the Postulancy Committee or the Bishop, that he or she has no
physical impediment, is in good health, and is free from organic disease.
b) He or she shall furnish such security personally, or with securities or otherwise as
the Postulancy Committee may from time to time prescribe, that he or she will
offer himself or herself for duty as a Lay Reader for such portion or portions of
each year during his or her training as the Bishop may direct and that he or she
will serve as a clergy in the Diocese of Ottawa for one year for each year that a
bursary has been received from the Divinity Students Fund up to a maximum of
five years, and that in case of failure to offer himself or herself for ordination or to
procure the necessary testimonials within such period as may be fixed in each
case by the Diocesan Council, unless delayed from illness or other cause
satisfactory to the Bishop, he or she will refund the full amount received from the
Fund, together with interest thereon at such a rate, if any, as the Diocesan Council
may specify but not exceeding the prime loaning rate of the Synod’s Bankers;
provided that in case of his or her removal from the Diocese before the
expiration of five years of service therein, he or she will refund an amount
Anglican Church (Ottawa) Regulations (2022) 1
Regulations 28 / 67
proportionate to the time of service left unfulfilled with interest computed as
aforesaid thereon.
3. The Diocesan Council may, at its discretion, make part or all of the grants to students in
Divinity, by way of scholarships and award the same in accordance with the results of
such examinations as they may prescribe.
4. The Diocesan Council may use part of the income of the Fund for the purpose of making
loans to students in Divinity on such terms as the Committee may determine.
5. In this Regulation the phrase “students in Divinity” shall mean persons who are preparing
for Holy Orders and have been accepted by the Bishop of the Diocese as candidates
therefor.
R.3.33 CLERGY RETIREMENT ALLOWANCE
1. The Retirement Allowance Fund (hereafter RAF) is established as of July 1st, 1989, for all
clergy of the Diocese of Ottawa who are current contributors to the General Synod
Pension Plan through the Diocese and they shall constitute the members of the RAF. An
equal amount to 1 percent of pension assessable salary shall be contributed by each
Parish of other salary paying source.
2. The RAF shall be administered by the Benefits subcommittee.
3. Contributions to the RAF shall be remitted monthly by the salary paying source to the
Director of Financial Ministry at the Office of the Synod.
4. The RAF shall be included in the Consolidated Trust Fund of the Diocese and credited
with the annual Diocesan dividend as declared from year to year, and the normal
administration fee structure of the Diocese shall be applied to the RAF, payable in the
first instance form amounts of principal and interest not credited to the account of any
member.
5. All clergy who are members of the RAF will receive an annual statement of their holdings
as of 31 December each year.
6. The administration of the RAF shall be reviewed each year by the Benefits SubCommittee and a report made to the Financial Affairs Committee.
7. Benefits shall be paid subject as hereafter provided, effective July the first, 1989:
a) On retirement members will receive the value of their account and the method of
payment (cash or payment directly to an RRSP) will be determined between the
member and the Director of Financial Ministry.
b) In the event of death of a member, or upon retirement for disability or ill health,
or if a member leaves active service in the Diocese, then the beneficiary of the
member, or the member as the case may be, shall receive the value of the
member together with interest thereon to the date of payment out.
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Regulations 29 / 67
c) Upon leaving active service in the Diocese, members shall be entitled to a return
of the value of their account to date of payment out, less an administration fee to
be determined by the Financial Affairs Committee from time to time.
8. Payments from the RAF upon the death of a member will be made to the beneficiary
named under the Group Life Insurance Policy unless otherwise stated, in writing, to the
Director of Financial Ministry.
9. Members proceeding on leave of absence from the Diocese will have their account
frozen until they return to the employ of the Diocese when it will be re-activated.
10. Any amount of principal or interest remaining in the RAF that is not credited to any
member shall be dealt with as determined by the Diocesan Council on the
recommendation of the Financial Affairs Committee.
11. Reciprocal transfer agreements with respect to the Retirement Allowance Fund may be
made with other Dioceses, subject to the approval of the Financial Affairs Committee as
to terms.
R.3.34 UNALLOCATED
R.3.35 UNALLOCATED
R.3.36 ARCHIVIST
The duties of the Archivist are:
1. to be the custodian of the archival records and official acts of the Diocese, its Parishes
and its Congregations, including, without limiting the generality of the foregoing:
a) the Statutes;
b) all Canons, Bylaws and Regulations certified under seal of the Synod by the
Bishop and/or the Director of Financial Ministry which shall be deemed the
original record thereof;
c) records of the election or appointment of church dignitaries and officers and the
appointment of clergy in the Diocese including their admission into different
Orders and the positions in which they may have served;
d) copies of Synod Journals and Directories;
e) Episcopal and Diocesan Office records and paper of the several offices and
committees of Synod;
f) a description of the boundaries of the Diocese and, where available, of the
several Archdeaconries, Regional Deaneries and Parishes therein;
g) copies of all grants, conveyances, and wills or all pertinent extracts therefrom in
any way related to property granted, conveyed, bequeathed or devised for the
benefit or use of the Anglican Church of Canada in the Diocese;
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Regulations 30 / 67
h) all completed or filled Registers of Baptisms, Confirmations, Marriages, and
Burials, vestry minute books, reports to annual vestry by parish clergy, officers
and committees or organizations, and all completed financial records;
i) records of Letters of Orders, Licences, Induction Mandates and other similar
instruments issued from time to time by the Bishop to the clergy of the Diocese;
j) records of the Clergy who have served in the Diocese of Ottawa;
k) records of Clergy who served in Dioceses and Deaneries parts of which now
comprise the Diocese of Ottawa;
l) records of the Courts and Commissions of the Diocese of Ottawa;
m) records of prominent lay persons associated with the life and history of the
Diocese;
n) a record of consecration of church buildings and burial grounds and of the
revocation of a Sentence of Consecration; a record of all buildings and memorials
dedicated by the Bishop;
o) records of closed parishes;
p) such other documents, records, photographs, and artifacts as may be considered
to be of historical value to the Diocese;
2. to accession, arrange, and describe the holdings of the Diocesan Archives according to
archival principles, and in the case of composite units of records and private papers to
prepare more detailed finding aids;
3. to appraise (deem worthy of retention), select, and acquire for purposes of preservation
and research such non-current records of historical interest including manuscripts,
private papers, printed documents, audio-visual and graphic materials, and other
documentation relating to the history of the Diocese of Ottawa including the papers of
individuals associated with the Diocese and with Diocesan activities;
4. to provide research and reference service for the staff of the Diocesan Synod Office and
to answer inquiries relating to the archival holdings and the history of the Diocese;
5. to provide access to the Archives of the Diocese on a regular basis, to instruct and assist
researchers in the use of the Archives, and to answer mail, telephone and personal
inquiries;
6. to advise on access to archival records and to implement such guidelines as may be
deemed appropriate. Records deposited in the Archives of the Diocese shall not be
removed except under extraordinary circumstances and only with the written permission
of the Archivist;
7. to prepare an annual operating budget and, as needed, a budget for capital
expenditures;
8. to report regularly to Synod on the additions to holdings as well as the services and
activities of the Archives;
9. to promote among Diocesan Organizations and Parishes the regular and routine deposit
of their non-current records to the Archives;
10. to provide consultation services on ways in which Parishes may implement appropriate
arrangement and preservation of their records;
11. to encourage donations to and the use of the Wilfred H. Bradley Reference Library;
12. to issue under the seal of the Diocese copies of certificates of baptism, confirmation, and
marriage as well as transcripts of burial,
13. to establish a rota of volunteers to assist in undertaking a variety of archival tasks for
which their interests, training, and skills may be appropriate;
14. to encourage support of the archival program of the Diocese;
15. to promote an interest in Anglican Church history through research and the exhibit of
church records;
16. to co-operate with the general Synod Archivist and with other Diocesan Archivists on the
acquisition and diffusion of Anglican Church records through the exchange of finding
aids, the microfilming of records, and the use of established procedures for the
arrangement and description of such records;
17. to provide access to the archives for members of the general public for research and
reference;
18. to levy and collect fees and other such charges as from time to time may be considered
appropriate in accordance with a schedule of fees approved from time to time by the
Financial Affairs Committee.
R.3.37 ARCHIVES ADVISORY COMMITTEE
The duties of the Archives Advisory Committee shall include without limiting:
1. formulating and establishing policies for a continuing records management program for
current records of the Synod, its officers, committees, and parishes in order to provide
for the subsequent archival retention of those items of enduring research and historical
value;
2. overseeing the archival, reference, and heritage needs, both physical and operational, of
the Diocese and recommending such measures as may be deemed advisable to advance
the preservation and use of the historical records, documents, books, and artifacts held
in the Diocesan Archives;
3. promoting the development and use of the Wilfred H. Bradley Reference Library as an
integral part of the Diocesan Archives; and
4. co-operating with the Canadian Church Historical Society in promoting interest in the
history of the Christian Church with specific emphasis on Canada and Anglicanism.
R.3.38 TERMS OF REFERENCE FOR SUBCOMMITTEES AND MANAGEMENT BOARDS
The Committees of the Diocese are responsible for establishing and overseeing subcommittees
as necessary for their function, and as provided for elsewhere in these Regulations. The
subcommittees and management boards report directly to their respective Committees, who
remain responsible for the work carried out by the subcommittees and management boards,
and which forms part of the mandate of each Committee. Each subcommittee may have
additional guidelines which amplify these Terms of Reference.
GOVERNANCE AND COMMUNICATIONS COMMITTEE
1. Canons, Bylaws and Regulations Subcommittee
a) There shall be a subcommittee of the Governance and Communications
Committee (“GCC”) known as the Canons, Bylaws and Regulations (“CBRs”)
Subcommittee, which shall recommend its membership to the Committee to
meet the requirements of the Terms of Reference.
b) The Chancellor is the Officer of Synod ultimately responsible for the work of the
CBRs Subcommittee which shall include two clergy, one being the Clerical
Secretary, and three lay persons, one being the Lay Secretary, and another being
a member of the Bar of the Province of Ontario.
c) The CBRs Subcommittee shall advise on and draft proposed changes to the CBRs
and more particularly shall:
i) consider proposed changes to the CBRs referred to it by the Synod or by
the Diocesan Council and report thereon through the GCC to the
Diocesan Council and thereafter to the Synod as required;
ii) review the CBRs from time to time and, as a result, report to the GCC and
the Diocesan Council and thereafter to the Synod as required on any
changes it considers necessary, and
iii) arrange for the distribution of duly approved changes to update copies of
the CBRs held by the GCC, Diocesan Council, Parishes and by Diocesan
Officers, and which may be either in hard copy or by electronic means.
2. Communications Subcommittee
a) There shall be a subcommittee of the Governance and Communications
Committee known as the Communications Subcommittee, composed of those
members that the Committee deems necessary to meet the requirements of the
Terms of Reference.
b) The Chairperson of the GCC shall appoint the Chairperson of the Subcommittee,
and in addition to the Chairperson there shall be at least one clergy member and
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one lay member. The Bishop and the Chairperson of the GCC shall both be ex
officio members of the Subcommittee.
c) The Communications Subcommittee shall:
i) provide support to the Bishop and the Diocesan Council in fostering a
culture of two-way communication and information exchange within the
Diocese of Ottawa, and which advances the mission, vision and ministries
of the Diocese;
ii) provide advisory and consultative guidance and support to Diocesan
committees and to parishes in the implementation of their respective
roles and responsibilities, in particular to ensure coordinated Diocesan
internal and external communications;
iii) provide advice and oversight to all Diocesan communications activities,
ensuring materials are consistent and responsive to the overall
communications strategy and needs of the Diocese;
iv) regularly consult with parishes to hear their communications concerns
and obtain their ideas;
d) The Communications Subcommittee may undertake surveys and studies, in
cooperation with other Diocesan committees and ministries as appropriate, to
determine the effectiveness of the Diocesan communications objectives, and shall
recommend amendments as necessary.
e) There may from time to time be a Communications and External Relations Officer,
whose major role and responsibility would be to assist the Bishop and the
Communications Subcommittee in implementing the communications policy and
strategic communications plan of the Diocese, and in the daily operational
implementation of the annual communication plans and activities.
3. Nominations and Committee Development Subcommittee
a) There shall be a subcommittee of the Governance and Communications
Committee known as the Nominations and Committee Development
Subcommittee, consisting of experienced clergy and laity with responsibilities to:
i) help recruit qualified candidates to fill vacancies identified by Committees;
ii) communicate with and reach out to all clergy and key laity on behalf of all
committees in order to identify individuals who meet the profiles of
people needed for various positions;
iii) propose new members for Diocesan Council and other synodical
committees, for selection by Synod in accordance with established
procedures;
iv) exercise oversight of the committee and subcommittee structure and
propose to Diocesan Council such procedures and policies as are
necessary for the effective and efficient functioning of the committee
system;
v) prepare, in conjunction with the Communications Subcommittee and the
Bishop, messages to all parishes on the recruitment policy and the need
for volunteers;
vi) coordinate with Committee chairpersons to develop a long- and shortterm list of upcoming needs and skills profile.
b) The Subcommittee shall be responsible to present to Synod nominations for
election by Synod:
i) to the Diocesan Council;
ii) as delegates to General and Provincial Synods;
iii) members of any boards or committees requiring elections of members by
the Diocesan Synod.
c) Not later than the month of January of each year, the GCC shall renew or update
membership of the Nominations and Committee Development Subcommittee
consisting of five to six members. One member shall always be a representative
of the GCC.
d) In the case of any candidates to be presented to Synod for approval or election,
attention shall be paid to ensuring that Diocesan Council shall always benefit
from a balance of skills and experience, and to ensuring diversity among
nominees and Diocesan Council as a whole.
e) The GCC shall have discretion over the procedures, requirements and timelines
associated with the Nominations processes, taking all factors into consideration.
4. Synod Management Subcommittee
a) There shall be a subcommittee of the Governance and Communications
Committee known as the Synod Management Subcommittee (“SMSC”), which
shall recommend its membership to the Committee to meet the requirements of
the Terms of Reference.
b) The SMSC shall:
i) have responsibility for nominating members for the sessional committees
necessary to fulfill its mandate for operational management of the Synods
of the Diocese.
A) The required sessional committees include: Scrutineers,
Resolutions, Credentials and Review of Minutes.
ii) make provision for regular Services of Worship during each Session of the
Synod;
iii) ascertain which items of business shall be brought before the Synod;
iv) shall use as a framework the theme (annual or multi-year) and strategic
direction of the Diocese, provided by the GCC and the Diocesan Council,
in planning for the meeting of Synod;
v) establish the space, equipment, technical and meal requirements for
Synod and to ensure that these needs are met;
vi) establish a schedule of submission deadlines and events leading up to
Synod;
vii) establish guidelines for the preparation for and ordering of the business
of Synod;
viii) be responsible for all planning for Synod;
ix) ensure the smooth functioning of Synod while Synod is in session;
x) be responsible for the financial operation of Synod by:
A) proposing a general budget and registration fee for approval by
the GCC in consultation with the Director of Financial Ministry;
B) the Chairperson of the SMSC shall have the authority to sign a
contract on behalf of the Diocese to secure a venue for Synod and
for related services with the approved budget.
COMMUNITY MINISTRY DEVELOPMENT COMMITTEE
The Management Boards are Subcommittees of the Community Ministry Development
Committee (“CMDC”) and are accountable to the CMDC. The Management Boards have
authority as delegated by the CMDC on matters related to programs, services and budgets
within their mandates.
5. Centre 454 Management Board
a) The Centre 454 Management Board shall be composed of six to ten members, of
whom a minimum of one member shall also be a member of the CMDC. The
Director of Centre 454 shall be an ex officio member.
b) The mandate of the Centre 454 Management Board is to provide support,
leadership and oversight to Centre 454. In particular the Management Board is
responsible for:
i) ensuring programs and services are consistent with the mission and
values that have been established by the Diocese for Centre 454 and
recommending changes, from time to time, in the strategic direction of
Centre 454;
ii) overseeing and monitoring the financial and operational management of
Centre 454;
iii) developing approaches to monitor the effectiveness of programs and
services within its mandate and reporting to the CMDC on program
effectiveness;
iv) providing advice and feedback to Centre 454 leaders on program
development and performance;
v) reviewing program and service requests and proposals and reporting on
them to CMDC as required;
vi) working with community partners in identifying solutions to community
issues, and
vii) overseeing risk management and ensuring development of procedures
and strategies to manage risk, in accordance with the policies of CMDC
and the Risk and Audit Committee.
6. Cornerstone Management Board
a) The Cornerstone Management Board shall be composed of six to ten members,
of whom a minimum of one member shall also be a member of the CMDC. The
Director of Cornerstone shall be an ex officio member.
b) The mandate of the Cornerstone Management Board is to provide support,
leadership and oversight to Cornerstone. In particular the Cornerstone
Management Board is responsible for:
i) ensuring programs and services are consistent with the mission and
values that have been established by the Diocese for Cornerstone, and
recommending changes, from time to time, in the strategic direction of
Cornerstone;
ii) overseeing and monitoring the financial and operational management of
Cornerstone;
iii) developing approaches to monitor the effectiveness of programs and
services within its mandate and reporting to the CMDC on program
effectiveness;
iv) providing advice and feedback to Cornerstone leaders on program
development and performance;
v) reviewing program and service requests and proposals and reporting on
them to CMDC as required;
vi) working with community partners in identifying solutions to community
issues, and
vii) overseeing risk management and ensuring development of procedures
and strategies to manage risk, in accordance with the policies of CMDC
and the Risk and Audit Committee.
7. Ottawa Pastoral Centre Management Board (otherwise known as the Ottawa Pastoral
Counselling Centre)
a) The Ottawa Pastoral Centre (“OPC”) Management Board shall be composed of six
to eight members, of whom a minimum of one member shall also be a member
of the CMDC. The Executive Director of OPC shall be a member.
b) The mandate of the OPC Management Board is to provide support, leadership
and oversight to OPC. In particular the OPC Management Board is responsible
for:
i) ensuring programs and services are consistent with the mission and
values that have been established by the Diocese for OPC, and
recommending changes, from time to time, in the strategic direction of
OPC;
ii) overseeing and monitoring the financial and operational management of
OPC;
iii) developing approaches to monitor the effectiveness of programs and
services within its mandate and reporting to the CMDC on program
effectiveness;
iv) providing advice and feedback to OPC leaders on program development
and performance;
v) reviewing program and service requests and proposals and reporting on
them to CMDC as required;
vi) working with community partners in identifying solutions to community
issues, and
vii) overseeing risk management and ensuring development of procedures
and strategies to manage risk, in accordance with the policies of CMDC
and the Risk and Audit Committee.
8. The Well Management Board
a) The Well Management Board shall be composed of six to ten members, of whom
a minimum of one member shall also be a member of the CMDC. The CoDirectors of The Well shall be ex officio members.
b) The mandate of The Well Management Board is to provide support, leadership
and oversight to The Well. In particular The Well Management Board is
responsible for:
i) ensuring programs and services are consistent with the mission and
values that have been established by the Diocese for The Well, and
recommending changes, from time to time, in the strategic direction of
The Well;
ii) overseeing and monitoring the financial and operational management of
The Well;
iii) developing approaches to monitor the effectiveness of programs and
services within its mandate and reporting to the CMDC on program
effectiveness;
iv) providing advice and feedback to The Well leaders on program
development and performance;
v) reviewing program and service requests and proposals and reporting on
them to CMDC as required;
vi) working with community partners in identifying solutions to community
issues, and
vii) overseeing risk management and ensuring development of procedures
and strategies to manage risk, in accordance with the policies of CMDC
and the Risk and Audit Committee.
PARISH MINISTRY DEVELOPMENT COMMITTEE
9. Baptismal Ministry Formation Subcommittee
a) The Baptismal Ministry Formation Subcommittee shall be composed of between
five to seven members, with a balance between lay and ordained, gender and age
as required to carry out the work of the Subcommittee. Two staff members may
be appointed to attend meetings as needed, as resource persons.
b) The primary tasks of the Baptismal Formation Subcommittee are to oversee those
aspects of ministry in the Diocese with respect to the baptismal ministry of both
lay and ordained persons. Specifically this Subcommittee is not directly
responsible for the professional training of clergy.
c) The guiding principles of this Subcommittee are those of the Diocesan mission,
vision and goal, together with the key phrase “How do the waters of Baptism run
through this ministry?”.
d) The Subcommittee shall meet up to four times each year, or more often as
needed, in support of Diocesan staff and volunteer ministries.
10. Congregational Development Subcommittee
As a gathered group of Christians we are called:
a) to provide practices and programs which empower congregations to be healthy,
vibrant communities of worship;
b) to provide a range of resources to congregations;
c) to provide opportunities for congregations to gather for dialogue and learning in
areas such as stewardship, hospitality, leadership, et cetera;
d) to be accessible easily to congregations and their parishioners;
e) to meet five times each year as a subcommittee, and
f) to report to Diocesan Council through the Parish Ministry Development
Committee.
FINANCIAL AFFAIRS COMMITTEE
11. Benefits Subcommittee
a) There shall be a minimum of five members of the Benefits Subcommittee, with
representation from clergy and lay. The Director of Financial Ministry and the
Executive Archdeacon sit as non-voting resource persons.
b) The Benefits Subcommittee deals with issues of pay and benefits for clergy as
well as other Diocesan employees. In particular, the areas of concern which are
regularly reviewed include:
i) Clergy Stipendiary Scales
ii) Clergy Travel, Housing and Other Allowances
iii) Travel Reimbursement Rates
iv) Supply Ministry and Per Diem Rates
v) Group Health and Insurance Benefit Plans
vi) Pension Plans
vii) Clergy Personnel Policies Manual
viii) Clergy Wellness
ix) Employee Assistance Program
x) Continuing Education Plan
xi) Retirement Preparedness Information
xii) Parish/Lay Staff Benefits issues
xiii) Other pertinent and related issues
c) All motions passed by the Subcommittee are reported to the Property and
Finance Committee as recommendations and can only be implemented by the
Property and Finance Committee.
12. Fair Share Review Subcommittee
a) There shall be four to six members on the Fair Share Review Subcommittee with
representation from clergy and lay. The Director of Financial Ministry sits as a
non-voting resource person.
b) The annual meeting of the subcommittee shall be held in May.
c) The Fair Share Review Committee oversees issues related to the Parish Fair Share
and in particular:
i) oversees the Statistical Return document, modifying it when required to
arrive at the best collection of data;
ii) assists the Director of Financial Ministry in reviewing the Statistical
Returns received from parishes, and
iii) considers appeals by parishes for Fair Share adjustments arising from
anomalies in income and approves adjustments after considering the
parish’s unique situation and the importance of consistency in the
application of the Parish Fair Share calculation for all parishes.
d) All motions passed by the subcommittee are reported to the Financial Affairs
Committee as recommendations and can only be implemented by the Financial
Affairs Committee.
13. Investment Subcommittee
a) The Investment Subcommittee shall have a maximum of six members plus three
non-voting members appointed by virtue of their office, being:
i) the Bishop, or the Bishop’s designate;
ii) the Director of Financial Ministry, and
iii) one full-time priest appointed by the Bishop.
b) The remaining members need not be office holders of the Ottawa Diocese.
c) Members shall be appointed for a three-year term, and may be reappointed for a
further three-year term.
d) The Investment Subcommittee oversees the management of the investments of
the Consolidated Trust Fund (“Fund”) of the Diocese.
e) The subcommittee also provides policy advice where appropriate and ensures
that the Fund is managed consistent with the policies set out in the Anglican
Diocese of Ottawa Consolidated Trust Fund Investment Policy Statement
(“Statement”) and with all applicable legal requirements, including the Income Tax
Act (Canada) and the Ontario Trustee Act.
f) In particular, the subcommittee shall:
i) recommend for the Financial Affairs Committee (FAC) approval an
Investment Advisor or Lead Manager and, where required, a Custodian;
ii) monitor the investment performance of Fund assets, and provide
quarterly and annual reports thereon to the FAC;
iii) recommend to FAC an annual dividend to be paid to Fund unit holders,
mindful of the financial needs of unit holders and of the need over time to
avoid erosion of the capital of the Fund;
iv) keep itself informed regarding the legal and regulatory requirements and
constraints set out in the Statement and in applicable trust, securities and
other legislation;
v) provide the Investment Advisor or Lead Manager with adequate advance
notice of any significant non-routine deposits or withdrawals, and
vi) review annually the Statement and recommend changes, if any, to FAC.
13.1Diocesan Cemeteries Subcommittee
a) There shall be five voting members of the Diocesan Cemeteries Subcommittee, which
shall include:
i) the Commissioner of Cemeteries, who shall serve as Chair of the Diocesan
Cemeteries Subcommittee;
ii) the Executive Archdeacon, who shall serve as Vice-Chair of the Diocesan
Cemeteries Subcommittee;
iii) an individual, designated by the Bishop, with experience in cultural heritage
or archaeology;
iv) a Territorial Archdeacon or a Regional Dean, designated by the Bishop,
having jurisdiction in Ontario; and
v) a Territorial Archdeacon or a Regional Dean, designated by the Bishop,
having jurisdiction in Quebec.
b) The Director of Property and Asset Management, the Diocesan Archivist, and the
Chancellor or a Vice-Chancellor may each sit as a non-voting resource person.
c) The mandate of the Diocesan Cemeteries Subcommittee includes:
i) The performance of responsibilities conferred under Bylaw B.3.32;
ii) Recommending the adoption of policy guidelines for approval by the
Financial Affairs Committee for the purposes of Bylaw B.3.32;
iii) Making recommendations to the Financial Affairs Committee regarding the
acquisition or disposal of a cemetery for the purposes of Bylaw 3.22;
iv) The development of best practices for Cemetery Boards.
RISK AND AUDIT COMMITTEE
14. Audit Subcommittee
a) The Audit Subcommittee shall be composed of a minimum of four members
appointed by the Risk and Audit Committee. At least one member of the
Subcommittee must have an accounting designation and all members must be
financially literate. Executive Officers of the Diocese are excluded as members.
b) The Subcommittee shall meet at least twice each year, or as necessary, and may
hold special meetings as circumstances require.
c) The purposes of the Subcommittee are to:
i) monitor the quality and integrity of the accounting and financial reporting
process, and the systems of internal control through discussions with
management and the external auditors;
ii) oversee the quality and objectivity of the financial statements and the
independent audit thereof;
iii) review the results of the external audit, any areas of financial risk as a
result of a review of the internal controls, any significant problems
encountered in performing the audit, and management’s response and/or
action plan related to any Management Letter issued by the external
auditors and any significant recommendations contained therein, and
iv) act as a liaison between the independent auditors and the Risk and Audit
Committee.
d) Duties and powers: to carry out the purposes specified above, the Subcommittee
shall have the following duties and powers to
i) recommend to the Risk and Audit Committee the selection of the
independent auditors, on the condition that the independent auditors are
ultimately responsible to Synod and that the Diocesan Council shall have
the authority and responsibility to select, evaluate and, where appropriate,
replace the independent auditors or to nominate the outside auditor to
be proposed for Synod approval;
ii) recommend to the Risk and Audit Committee the appropriate audit fees;
iii) meet with the independent auditors, including private meetings as
necessary, to
A) review the arrangements for and scope of the annual audit of the
Diocese and any special audits;
B) discuss any matters of concern relating to the financial statement,
including any adjustments to such statements recommended by
the auditors, regulatory and tax compliance matters considered in
the preparation of the financial statements, or other results of said
audit(s);
C) consider the auditors’ comments with respect to the financial
policies and procedures and internal accounting controls of the
Diocese, and management’s responses thereto, and
D) to review the form of the opinion the auditors propose to render
to Synod and members of the Diocese.
iv) review such other matters or information that the Subcommittee believes
may be relevant to the auditors, the audit engagement, the financial
policies and procedures, or internal accounting controls of the Diocese;
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v) report its activities to the Risk and Audit Committee and to make such
recommendations to the Risk and Audit Committee with respect to the
above and other matters as the Subcommittee may deem necessary or
appropriate, and
vi) authorize the right of appointed auditors to call a meeting with the
Subcommittee or participate in Subcommittee meetings when they deem
it necessary.
e) Resources and authority. The Subcommittee shall have the resources and
authority appropriate for purposes of discharging its responsibilities under these
Terms of Reference, including the authority to consult with counsel and/or to
retain such experts or consultants as the Committee deems necessary or
appropriate to fulfill such responsibilities at the expense of the Diocese;
f) The Subcommittee shall review the Terms of Reference and the CBRs that pertain
to financial matters at least annually and recommend any changes to the Risk
and Audit Committee.
15. Insurance Subcommittee
a) The Insurance Subcommittee shall be comprised of five members, with
representation from clergy and lay. The Director of Financial Ministry sits as a
non-voting resource person.
b) The purpose of the Insurance Subcommittee is to provide guidance and
experience to the Diocesan administration in dealing with the insurance liability
and property issues arising from the ownership, operations, responsibilities and
insurance-related risk exposures facing the Diocese, on a day-to-day basis
throughout the year.
c) In particular, the areas of concern which are regularly reviewed include:
i) Property and liability insurance issues and policies
ii) Building inspections and valuations, and content inventory of insured
locations and operations
iii) Claims occurrences
iv) Policy coverages and premiums
v) Property rental procedures and agreements
vi) Construction, renovation and general maintenance updates
vii) Other related issues as they arise.
d) All motions passed by the Subcommittee are reported to the Risk and Audit
Committee as recommendations and can only be implemented upon approval by
the Risk and Audit Committee.
R.4.01 STIPENDS AND SALARIES
1. The Financial Affairs Committee shall, following publication of the Consumer Price Index
as at April 30th in each year, arrange for the drafting of a table of stipend rates for the
succeeding calendar year generally based upon the application of the year over year
percentage increase in the Consumer Price Index to the stipend rates of the calendar
year in progress.
2. The table of stipend rates thus arrived at shall be submitted for the approval of the
Diocesan Council and once such approval is given, shall take effect as of the first day of
January of the year in which the stipend table applies, subject only to the approval of the
Synod at its next regular meeting. The stipend table shall be included by the Diocesan
Council in the reports submitted by it to the Synod for approval and shall be published
in the Synod Journal.
3. CLERGY REMUNERATION BOARD
a) The Clergy Remuneration Board (“the Board”) shall once a year assess and/or
review the remuneration of the stipendiary clergy in the Diocese. This assessment
and review normally would be undertaken in June each year. A stipend rate will
be established for the clergy when the stipend table for the year to which the rate
applies is available and which rate may take account of any resulting increase in
personal income tax.
b) The evaluation of clergy remuneration by the Board will be made primarily on the
criteria of ability, experience, education, training and personal effectiveness, and
the Bishop may be asked to furnish advice to the members of the Board based on
his or her knowledge of each cleric and other data available to the Bishop,
including without limitation, evaluation reports. In its deliberations, the Board
shall be guided by the Task Force Report on Clergy Personnel and Emoluments
approved by the Synod in 1972; the Clergy Benefits Report No. 4 (ref. Motion
Paper in 1974 Synod Journal, pages 51-56) and the final Clergy Benefits Report
No. 4 (published in the 1974 Synod Journal, pages 132-153) as approved by the
Synod.
c) Those members of the Board who are appointed by the Bishop shall serve their
terms in such a way as to ensure that one of them, at least, has been a member in
the previous year, and it is not anticipated that the annual term of any member
will be renewed more than twice, except to start the continuity and replacement
cycle of Board membership.
d) There shall be no formal record kept of the discussions of the Board. The views of
individual Board members will be treated as confidential, as will be the salaries of
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individual clergy, except that Churchwardens of each Parish and others who
require the information in the discharge of their duties shall be entitled to be
advised of the salaries and any other benefits of the Incumbent and Assistant
Curate, if any, as it concerns their respective Parishes.
e) When the Bishop, in consultation with the Board, has made his or her
determination of salaries for the stipendiary clergy of the Diocese, the Bishop
shall notify in writing not later than September 15th, each clergy of the salary
awarded to him or her, and where the clergy is serving in a parish, the Treasurer
and Churchwardens of that parish shall also be advised thereof by the Director of
Financial Ministry:
i) to assist the parish in financial planning and budgetary preparation, and
ii) to provide opportunity for an appeal to be made against the decision of
the Board.
f) The Clergy Remuneration Board shall consider the long-term yearly impact of
salary changes (increased seniority, retirements, new clergy and transfers of
clergy to and from other Dioceses) on the total Cost of Priestly Services.
4. APPEALS
a) Upon receiving written notice of the salary awarded, each clergy, and if he or she
is serving in a parish, then the Churchwardens of that parish also, is/are entitled
to ask that the amount thereof be reviewed in his/her or their presence by the
Board as hereafter provided; otherwise, the salary award is taken to have been
accepted by those concerned.
b) Written notice of the appeal shall be received by the Bishop at the Synod Office
within 10 days of the advice of the salary award having been received. The notice
shall contain a concise statement of the grounds of the appeal.
c) Upon receipt of any such notice of appeal, the Bishop shall, as soon as
conveniently possible, seek to convene the Board, upon reasonable notice to
those concerned so that the amount of the award may be reviewed in their
presence. In all cases, the decision of the Bishop in consultation with the Board
shall be final, and the amount as determined shall, where the clergy is serving in a
parish, be included as a first charge on income in the budget for that parish.
5. ALLOWANCES AND BENEFITS
The Financial Affairs Committee shall review allowances and benefits provided for clergy
in the Diocese from time to time and its recommendations shall be reported to the
Diocesan Council.
6. HEALTH BENEFITS
Stipendiary clergy shall have, as part of their remuneration, a contribution of 50% of the
individual cost of premiums for Extended Health Benefits and Dental Benefits paid by the
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Synod, it being understood that no such benefit will be applicable to those who have
chosen not to enroll in these plans.
7. TRANSPORTATION ALLOWANCE
a) The basic Transportation Allowance is based on the cost of operating a vehicle
for the average of 9,000 miles/14,484 kilometres of a clergy travel on parochial
duty, which amount is to be added to stipend in the calculation of pensionable
income.
b) In the Deanery of Clarendon, a supplementary Transportation Allowance will be
added to assist in payment of mandatory costs that are higher than comparable
costs in Ontario.
c) A Supplementary Transportation Allowance will be added where the Incumbent
and Churchwardens agree to a number of miles/kilometres in excess of 9,000
miles/14,484 kilometres that are required by parochial duties.
d) A Travel Allowance rate will be set for clergy and others in the Diocese who are
not eligible for Transportation Allowances.
e) A Travel Allowance rate will be set for all who travel outside the Diocese in the
business of the Church.
f) A Travel Allowance rate will be set for the particular circumstances where those in
receipt of Transportation Allowances are also eligible for a Travel Allowance.
The rates for these allowances are set by the Financial Affairs Committee and may be
amended from time to time, and shall be approved by the Diocesan Council as a part of
the annual Clergy Benefits Report which is subsequently published in the Synod Journal.
8. HOUSING ALLOWANCE
Where a cleric does not occupy housing provided by the parish in which he or she serves
or by the Diocese, the cleric shall receive an allowance for housing to be established on
an individual basis by the Archdeacon and the Churchwardens in consultation with the
cleric, having regard to those components described in the Clergy Personnel Policy
approved by the Diocesan Council in 1998; and also having regard to housing allowance
rates, if any, established from time to time by the Financial Affairs Committee on the
recommendation of the Clergy Benefits Subcommittee. Such rates may be reviewed
periodically by the Diocesan Council or the Synod, having regard to the costs of housing
where the clergy is located in the Diocese.
9. MOVING EXPENSES & RELOCATION ALLOWANCE
a) The Synod covers the moving costs of clergy between appointments within the
Diocese, according to the procedures described in the Clergy Personnel Policy
approved by the Diocesan Council in 1998.
b) All clergy, whether appointed from outside or from within the Diocese to a
position in the Diocese, shall be entitled to certain relocation allowances. Seven
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hundred and fifty dollars is provided to relocating clergy to help offset the costs
of setting up a new home. If the cleric is undertaking ministry in a new parish but
is not moving residence, no housing relocation allowance is provided.
c) The Synod will also cover the moving costs of clergy upon retirement, according
to the same procedures for covering moving costs of clergy between
appointments within the Diocese, but only if the cleric is moving out of a Rectory
and to within the Diocese of Ottawa.
d) A cleric may apply for payment of moving expenses in special circumstances not
specifically covered by this regulation.
10. SPECIAL ALLOWANCE
Added remuneration may be granted to a cleric who because of special circumstances
has assumed temporarily additional responsibility or service, or has incurred additional
expenses beyond those usually associated with his or her appointment. Such added
remuneration shall be authorized by the Clergy Remuneration Board on the
recommendation of the Bishop, or it may be based upon representation made on behalf
of a parish priest by the Churchwardens of that Parish and concurred with by the Bishop.
The amount of added remuneration awarded should not exceed 25% of the stipend
already paid to the cleric and would be payable for the period of the additional
responsibility or service, or of additional expenses incurred beyond those usually
associated with his or her appointment. Such additional remuneration would not be
pensionable under General Synod Canon 8, and in the case of a temporary appointment
normally would be issued in arrears at the termination of such an appointment; it would
be taxable and subject to deductions for Canada Pension and Unemployment Insurance.
11. ESTABLISHMENT GRANT
a) The Establishment Grant is monies granted by the Diocese to assist a newly
ordained Deacon or Priest in acquiring clothing, vestments, and other necessities
to his or her Office and appointment in the Diocese. From and after January 1,
1979, such Grant shall be in the maximum amount of $2,000 to be made payable
either:
i) in the amount of $1,000 upon being ordained and appointed to an
Assistant Curate or to a staff position in the Diocese, and in the remaining
amount of $1,000 upon being appointed to his or her first Incumbency in
the Diocese; or
ii) if the first appointment is to an Incumbency, then the Grant in the amount
of $2,000 may be paid at one time.
b) Upon receiving any monies from an Establishment Grant, the Deacon or Priest
shall sign such undertaking, provide such security, or otherwise as the Diocese
may require, and shall agree that if ordained, such person shall serve in Holy
Orders in the Diocese as the Bishop may determine for three years; and that
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failure to do so may result in repayment to the Diocese of all monies received
from an Establishment Grant, together with such interest and on such terms, if
any, as the Diocesan Council shall specify.
c) Regardless of any other provision in this Regulation, if a Deacon or priest,
following ordination is transferred at the invitation or with the consent of the
Bishop to this or to some other Diocese and receives an appointment in that
Diocese, reimbursement of such monies, as have been advanced from an
Establishment Grant or similar grant in another Diocese, may be subject of
negotiation between the Bishops of the Dioceses affected, but in no case would
the amounts to be reimbursed exceed either:
i) $1,000 at the time of appointment to an Assistant Curacy or to a staff
position, or exceed an additional $1,000 where appointment is made to a
first Incumbency; or
ii) a maximum of $2,000.00 if the first appointment is to an Incumbency.
12. CLERGY CONTINUING EDUCATION PLAN
From and after 1977, each stipendiary clergy in the Diocese shall be a member of the
Continuing Education Plan of the General Synod and shall be subject to the provisions of
Canon XII of the General Synod and its regulations; except that those clergy who become
eligible to be a member of the Plan after attaining the age of 60 years may choose not to
be enrolled in the plan.
13. GROUP LIFE INSURANCE PLAN COVERAGE
Every active clergy of the Diocese and every lay employee of the Diocese from and after
January 1, 1981 shall have group life insurance plan coverage under the General Synod
Pension Plan in an amount of $100,000 for himself or herself, and the premiums for such
coverage shall be borne entirely by the Synod from income from the Diocesan Benefits
Trust Fund Account.
14. CENTRAL PAY
The remuneration of all clergy in the Diocese shall be paid out of the Parochial Pay Fund
of the Diocese. All monies to be reimbursed by a Parish for the remuneration of the Cost
of Priestly Services shall be remitted by Bank Order or by cheque to the Synod Office, for
the attention of the Director of Financial Ministry, on or before the 25th day of each
month or the last banking day before that date if it falls on a non-banking day. It is also
required that Parishes receiving, or receiving credit for, monies from any endowment or
other trust fund used or to be used to augment stipends or allowances for clergy shall
deliver up or assign the same to The Incorporated Synod of the Diocese of Ottawa for
the Parochial Pay Fund. All monies received from a Parish for support of clergy shall be
credited and shown on the Parish Assessment Statement maintained by the Diocese.
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15. CLERGY TRANSITION PERIODS
a) When the Incumbency of a Parish becomes vacant, and until an Incumbent shall
have been licensed thereto, the Bishop may arrange full-time interim clergy for
the parish. In such case the Churchwardens of the Parish would continue to remit
to the Synod Office each month the same amount specified by the Synod Office
for the Cost of Priestly Services that was remitted before the Incumbency first
became vacant.
b) In the case that part-time clergy is appointed during the interim period, the
parish shall continue to remit both the Equalization Portion of the Cost of Priestly
Services and any additional sum required for the part-time clergy appointed, who
shall be paid through the Synod Office.
16. EQUALIZED COST OF PRIESTLY SERVICES APPEALS
ECOPS Assessments may be appealed by parishes when those assessments have been
affected by anomalies in their financial position or reporting. To do so, parishes may
appeal their assessable income determination with the Fair Share Review Subcommittee
(which meets in May each year). Otherwise, parishes should seek assistance through a
support grant.
17. NEWLY ORDAINED ASSISTANT CURATES
Parishes receive a reduction of the Base COPS for assistant curates in the first three years
of their ordination. Newly ordained assistant curates will be assessed at 85% Base COPS
for their first year of ordination (this 15% reduction will be extended into the next full
calendar year, if their appointment was made after June 1). 90% Base COPS in their
second full calendar year, and 95% Base COPS in their third full calendar year.
R.4.02 PARISH PENSION ASSESSMENT
1. In this Regulation “Parish” means any charge, mission, congregation or office in the
Diocese of Ottawa.
2. The rates and basis of assessment on behalf of the Clergy of the Diocese who are
members of the General Synod Pension Plan shall be as required under the Regulations
of that Plan.
3. The Assessment due from the paying source shall be remitted by the Parish monthly to
the Synod Office as provided in this Regulation for the remuneration of the Clergy.
Deduction of the assessment due from the member from his or her salary shall be made
in the Synod Office, which is responsible for the forwarding of the proceeds of both
assessments in payment of the contributions required to the General Synod Pension
Fund.
R.5.01 PARISH LANDS AND BUILDINGS
1. Before calling a meeting of the Vestry to deal with any matter respecting lands and
buildings, as provided for in this Regulation, in Bylaw 3.22, in Canon 3.13, or otherwise,
the Incumbent and Churchwardens shall first consult with the Director of Financial
Ministry, to discuss any proposal before it is made to the Vestry.
2. In order to facilitate approval by the Diocesan Council, the Incumbent and
Churchwardens shall forward the following information and material to the Director of
Financial Ministry; namely:
a) Respecting purchases:
i) certified copy of Vestry resolution;
ii) general description of property (with sketch of location);
iii) purchase price;
iv) method of financing purchase and statement of Parish’s financial
condition with respect to purchase;
v) some evidence as to value, preferably by a disinterested party;
vi) copy of offer (if available); and
vii) statement giving details of why the property is required.
b) Respecting sales:
i) certified copy of Vestry resolution;
ii) general description of property (with sketch of location);
iii) original Deed (or advice that Deed is on file at Synod Office),
iv) offer to purchase; if none, statement setting forth:
A) amount to be received;
B) name and address of any proposed purchaser;
C) terms of payment of purchase price; and
D) date of expected expiry of offer;
v) proposed disposition of proceeds;
vi) statement as to whether property is or is not consecrated;
vii) some evidence as to value, preferably by a qualified valuator; and
viii) statement giving details of why the property is to be sold.
b.1) Respecting the purchaser’s need for a mortgage to facilitate a sale:
i) it is preferable to have the purchaser arrange the mortgage through a
commercial source.
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ii) only if the purchaser is unable to arrange a commercial mortgage and has
requested a Parish to take back a mortgage which shall be a first
mortgage:
A) The Parish is to ascertain as much information as possible
concerning the purchaser e.g. the reason that the purchaser is
unable to obtain a commercial mortgage, the intended use of the
building, the associated business plans in cases where the
property will be used for commercial purposes, etc.
B) The Parish shall arrange with the Director of Financial Ministry to
obtain the credit rating of the purchaser.
C) Where a company is the purchaser, the Parish shall ensure there is
a personal guarantee of the mortgage by the appropriate officers
of the company.
D) The mortgage should be 70% or less of the purchase price, with
the purchaser having put at least 30% cash as down payment
against the purchase. The mortgage should be for as short a term
as possible. The Parish must confer with the Director of Financial
Ministry concerning appropriate provisions, including interest rate,
prior to bringing the application to sell and to take back a
mortgage to the Property and Finance Committee for approval.
E) The purchaser will have to provide proof to the Parish that there is
an insurance policy with respect to payment of the mortgage with
the Parish as beneficiary. The Parish should arrange to see the
certificate of insurance on an annual basis. The purchaser can
arrange the insurance through the Diocesan broker, and in which
case, the monthly premium can be paid together with the
mortgage instalment to the parish, or Diocese, as the case may be.
F) The Parish will put arrangements in place for ensuring that the
property stays in good repair, realty taxes are up to date, and that
appropriate property insurance including 3rd party liability for the
Bishop, Diocese and Parish is arranged, and provide a report to
the Director of Financial Ministry to that effect prior to finalizing
the mortgage, and annually thereafter.
c) Respecting building or structural alterations:
i) First step (for approval in principle):
A) certified copy of Vestry resolution;
B) preliminary plans, concepts and drawings;
C) estimated cost;
D) method of financing; and
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E) statement of why the building or alteration is required.
ii) Second step (for final approval):
A) certified copy of Vestry resolution;
B) final plans and specifications;
C) actual cost as established by a tender or conditional contract;
D) method of financing; and
E) particulars of any performance bond furnished by contractor.
F) All preliminary plans, concepts, drawings and estimates, and
thereafter all final plans, specifications and actual costs, shall be
forwarded to the Financial Affairs Committee.
d) Respecting mortgages or loans:
i) certified copy of Vestry resolution;
ii) general description of property (with sketch of location);
iii) original Deed of property (or advice that Deed is on file at the Synod
Office);
iv) amount, terms and interest rate;
v) name and address of mortgagee or lender;
vi) statement of intention of parish as to use of proceeds;
vii) statement outlining method of providing funds for repayment; and
viii) statement as to whether the property is or is not consecrated.
e) Respecting leases:
i) certified copy of Vestry resolution;
ii) general description of property ( with sketch of location);
iii) terms of lease;
iv) rental;
v) proposed disposition of proceeds where Parish is to be the landlord and
proposed method of financing where the Parish is to be the tenant, and
vi) statement giving details of why the leasing is required.
3. The total net proceeds of sale of all real property (that is, land and buildings), including
all real property owned by the Synod or by a Parish shall be dispersed in accordance with
the following provisions:
a) If the sale is by a Parish, the net proceeds shall forthwith be paid to the Synod.
b) Ten (10%) per cent of the net proceeds shall be paid by the Synod to the Church
Extension Fund.
c) If the sale is by a Parish of real property that is not a Church building, including,
without limitation a rectory, or land or building that is surplus to the needs of a
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the Parish, the Synod shall deposit any balance not paid to the Church Extension
Fund into the Consolidated Trust Fund in the name of the Parish, or, with the
approval of the Property and Finance Committee, shall return the balance to the
Parish for its immediate use for current capital projects.
d) If the sale is of a church, any balance not paid to the Church Extension Fund may
be allocated by the Property and Finance Committee in consultation with the
Bishop in response to applications from parishes to the Bishop to receive a
portion of the net proceeds of sale for non operational expenses relating to: the
on going ministry of the parish (for example, in the case of the amalgamation of
congregations or the continuation of multi point parishes); the support for the
congregation(s) involved in on going support of those affected by a church
closure; or a purpose in keeping with the objective of promoting the ministry of
the Anglican Church of Canada within the Diocese of Ottawa.
e) If the sale is by the Synod, the payment to the Church Extension Fund shall be ten
(10%) per cent or such greater amount as approved by the Property and Finance
Committee. Diocesan Council may allocate any balance not paid into the Church
Extension Fund on the advice of the Property and Finance Committee.
f) Under exceptional circumstances, the Property and Finance Committee may
waive all, or a portion of, the 10% net proceeds paid by the Synod to the Church
Extension Fund.
4. HERITAGE DESIGNATION. No church, rectory or other parochial building shall be the
subject of an application for designation under the Ontario Heritage Act (nor under
similar heritage law in effect in the Province of Quebec), nor shall such property be
encumbered by any agreements, easements, covenants or any other legal obligation
whatever pursuant to such law, without the prior written approval of the Diocesan
Council. Anyone seeking such approval shall apply to the Financial Affairs Committee.
5. The Financial Affairs Committee may recommend the approval of such application to the
Diocesan Council if it is satisfied on all of the following points:
a) that, in the case of a parish, the parish seeking such approval is financially
self-sufficient and is able to meet its current and reasonably foreseeable future
financial obligations, except for its obligation to restore or maintain the heritage
structure for which approval is sought;
b) that, without the approval, in the case of a parish, the parish will not have
sufficient financial resources to restore or maintain the heritage structure for
which approval is sought;
c) that the proposed heritage structure is of exceptional architectural or historical
value; and
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d) that the heritage designation and/or agreements, easements, covenants or other
legal obligations will not constitute an unreasonable interference with the use of
the subject lands and buildings by the relevant parish and/or the Diocese.
6. As regards every expenditure by a Parish for a withdrawal of a capital nature (“Capital
Expenditure”), and for every application by a Parish for a withdrawal from the
Consolidated Trust Fund or from a Rectory Trust Fund (“Withdrawal Request”)”:
a) A Parish shall seek approval for each proposed Capital Expenditure and for each
Withdrawal Request;
b) The level of approval required shall depend on the amount of money proposed
for a Capital Expenditure or Withdrawal Request;
c) For a Parish with a three year average assessable income below 100,000:
1. A Capital Expenditure or a Withdrawal Request of $10,000, or less,
requires the approval of the Incumbent Priest and Wardens;
2. A Capital Expenditure or a Withdrawal Request that exceeds $10,000 and
is less than, or equal to, $30,000 requires the approval of the Parish
Council, or Central Parish Committee, and the Archdeacon;
3. A Capital Expenditure or a Withdrawal Request that exceeds $30,000
requires the approval of the Vestry, the Archdeacon and the Property and
Finance Committee;
d) For a Parish with a three year average assessable income (“Income”) of $100,000,
or more:
1. A Capital Expenditure or a Withdrawal Request of an amount that
corresponds to 10%, or less, of Income requires the approval of the
Incumbent Priest and Wardens;
2. A Capital Expenditure or a Withdrawal Request that exceeds 10% of
Income and is less than, or equal to, 30% of Income requires the approval
of the Parish Council, or Central Parish Committee, and the Archdeacon;
3. A Capital Expenditure or a Withdrawal Request that exceeds 30% of
Income requires the approval of the Vestry, the Archdeacon and the
Property and Finance Committee;
e) Approvals by the Property & Finance Committee shall be made by that
Committee, but in the case of an Expenditure or a Withdrawal Request from a
Rectory Trust Fund or the Consolidated Trust Fund of an amount greater than
$30,000 and less than $50,000 an approval may be validly made by the Director
of Financial Ministry, together with one member of the Property and Finance
Committee, who shall report the decision to the next meeting of the Property and
Finance Committee, provided that, in the opinion of the Director of Financial
Ministry,
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1. The Application and required supporting documents are complete;
2. The Application is credible;
3. The Application has obvious merit;
f) The Property and Finance Committee may, from time to time, amend the threshold
levels for approvals and shall report such amendments to the Director of Financial
Ministry and the Diocesan Council ;
g) This regulation is subject to any other requirement of the Canons, Bylaws and
Regulations requiring approval for certain transactions by the Parish Vestry, the
Diocesan Council or the Bishop, as the case may be.
R.5.02 PARISH COUNCIL
1. At each Annual Meeting of the Vestry of each congregation, there shall be established a
committee of the Vestry to be known, where there is one congregation in the Parish, as
the Parish Council, and where there are two or more congregations in the Parish, each
Council shall be known as the Congregational Council.
2. MEMBERSHIP
Except as provided in Section (7), each Council shall consist of:
a) the Incumbent;
b) the Churchwardens;
c) the Parish or Congregational Treasurer, if any;
d) the Lay Members of Synod, from that congregation, if any; and
e) additional members as may be determined by the Annual Meeting of the Vestry
elected in the manner provided for the election of Lay Members of Synod in
Bylaw 5.07(5).
3. VACANCIES
Vacancies in the Council occurring between Vestry meetings may be filled by
appointment by the Incumbent.
4. CHAIRPERSON
The Chairperson of the Council shall be elected annually at the first meeting of the
Council and shall act as Chairperson at meetings of the Council, and in his or her
absence, one of the Churchwardens shall so act; and the Council shall elect a Secretary;
and the proceedings of each meeting shall be entered by the Secretary in a book to be
kept for the purpose.
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5. MEETINGS
The Council shall hold regular meetings, monthly if possible.
6. DUTIES
The rights, powers and duties of the Council shall be:
a) to take appropriate action in connection with matters referred to it by the Vestry
and in accordance with directions received relating thereto;
b) to assist Incumbents in the development of policy for and support of the work of
Christian education in the congregation;
c) to receive from the Churchwardens at least quarterly a written financial statement
and to make recommendations thereon;
d) to receive the budget to be submitted at the annual meeting of the Vestry as
prepared, after consultation with the Incumbent, by the Churchwardens, and to
make recommendations thereon;
e) to make recommendations on any other matter affecting the parochial and
extra-parochial responsibilities of the Parish;
f) to assist the Sidespersons in securing the regular attendance of Church members
at the services of the Church;
g) between meetings of the Vestry and subject to any applicable Statutes of Ontario
and Quebec and the provisions of the Canons, Bylaws and Regulations, to have
all the rights, powers and duties of the Vestry.
7. The Vestry shall have the right by resolution to change the membership, structure and
duties of the Council as specified in Sections (2) and (6) provided a true copy of such
resolution is filed with the Director of Financial Ministry.
R.5.03 PARISH CENTRAL COMMITTEE
1. In each Parish consisting of two or more congregations there shall be formed a
committee to be known as the Parish Central Committee, herein after called “the
Committee”.
2. MEMBERSHIP
The Committee shall be composed of:
a) the Incumbent;
b) the Churchwardens;
c) two lay people from each congregation, one to be appointed by the Incumbent,
and one elected by the Vestry; and
d) the Lay Members of Synod.
3. MEETINGS
a) The Chairperson of the Committee shall be the Incumbent.
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b) A Vice Chairperson shall be elected annually by the Committee.
c) The Committee shall elect a Secretary and a Treasurer, and the proceedings of
each meeting shall be entered in a book to be kept for that purpose.
d) The Committee shall hold meetings at least four times during each calendar year.
4. DUTIES
The duties of the Committee shall be:
a) to advise the Incumbent and Churchwardens in such matters as are of a
parochial, deanery or Diocesan nature, but not those solely of an individual
congregation;
b) to consider any such matters referred to it by any of the several vestries;
c) to receive from the Churchwardens or Treasurers at each regular meeting a
written financial statement of each congregation; and
d) to prepare from time to time recommendations for the consideration of each
congregation of its share of responsibility with respect to:
i) assessable expenditure;
ii) remittances to the Synod Office for the Incumbent’s salary, transportation
allowances, if any, and benefits;
iii) rectory maintenance, if any; and
iv) other matters of parochial concern.
R.5.04 CEMETERY LANDS
Subject to the applicable laws of Ontario and Quebec,
1. Where there is a cemetery adjacent to or affiliated with a Parish, the vestry thereof shall elect
a Cemetery Board of not less than three or more than seven members, not including the
Incumbent who shall also sit as an ex officio member of the Board. The majority of Cemetery
Board members shall be members of the Parish and be elected annually by the vestry to
manage the affairs of the cemetery and any other buildings in connection therewith.
2. The members of each Cemetery Board shall choose one of their members to serve as chair
and another to serve as treasurer.
3. The Cemetery Board shall not enter into an agreement for the purchase or sale of land other
than for the sale of interment rights for burial plots or niches.
4. Subject to paragraphs 5 and 6 immediately below, all monies received by a Cemetery Board
shall be deposited in an account in the name of the Cemetery Board in a branch of any
financial institution duly registered in Ontario or Quebec, and any withdrawals therefrom
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shall be duly authorized by both the treasurer and any other member of the Cemetery
Board.
5. In compliance with the provisions of the Ontario Funeral, Burial and Cremation Services Act
relating to the “care and maintenance” of cemeteries, all monies received by a Cemetery
Board that are to be used for the care and maintenance of a cemetery located in Ontario
shall be held in a care and maintenance account in the name of that Cemetery Board with
TD Canada Trust or any affiliate thereof, subject to the direction of the Director of Financial
Ministry.
6. All monies received by a Cemetery Board that is to be used for care and maintenance of a
cemetery located in Quebec, shall be held in the Diocesan Consolidated Trust Fund in the
name of the parish having responsibility for the cemetery.
7. The operation, maintenance and closure of cemeteries is subject to the direction of the
registrar (or equivalent) appointed under the relevant laws of Ontario and Quebec.
8. Questions pertaining to the application of this Regulation may be addressed to the
Commissioner of Cemeteries.
R.5.05 ORDERS OF BUSINESS AT ANNUAL VESTRY
Unless otherwise directed by the Incumbent and Churchwardens, the order of business at the
annual Vestry meeting shall be as follows:
1. opening prayers;
2. election of Chairperson (if applicable);
3. announcement by the Churchwardens of their appointment of the Vestry Clerk, and if
the Vestry Clerk is absent, the election of a member present to act as Secretary of the
meeting;
4. reading, correction and confirmation of the Minutes of last annual meeting, and Minutes
of any other meeting that have been confirmed;
5. Incumbent’s report upon condition, progress and needs of the Parish;
6. presentation and adoption of Churchwardens’ financial statement with Auditor’s report;
7. adoption of the budget for the ensuing year, including a statement of the share of the
Diocesan Budget for Maintenance and Mission;
8. report from Parish or Congregational Council and Parish Central Committee as
applicable;
9. appointment and election of Churchwardens;
10. appointment or election of a Convenor of Sidespersons;
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11. election Lay Members of Synod;
12. appointment and election of the Parish or Congregational Council;
13. election of one member to serve on multi-point Parish Central Committee (if applicable);
14. election of Auditors;
15. election of any other officers or committees;
16. receipt of reports of all parochial organizations;
17. general business; and
18. adjournment.
R.5.06 AUDITORS
1. The Vestry auditor shall make such examination of the financial statements and records
of the Vestry as will enable him or her to report to the Vestry as required under Section
(2) of this Regulation. Without limiting the generality of the foregoing, the auditor’s
examination shall include:
a) a study and evaluation of the system of internal control as a basis for the reliance
thereon and for determination of the resultant extent of their audit tests;
b) an examination of the reconciliation of receipts issued for income tax purposes
with cash receipts recorded in the accounts and an examination on a test basis of
individual entries in these records;
c) an examination on a test basis of vouchers and other related information in
support of disbursements made;
d) confirmation directly from the bank of all bank balances on hand at the end of
the year, the balance of loans payable and the details of any security pledged or
investments held in safekeeping;
e) confirmation of the balances of all other loans and mortgages payable or
receivable as at the end of the year; and
f) an examination of the books, records and trust documents for funds held in trust
by the Churchwardens to determine whether, in the opinion of the auditor, trust
funds have been employed in accordance with the terms of the respective trusts.
2. The auditor shall report to the Vestry whether in his or her opinion the financial
statements present fairly the financial position of the Church and the results of its
operations for the period under review. When the auditor is able to express an opinion
on the financial statements without qualification or exception, the report should be
substantially as follows:
I have examined the balance sheet of the Churchwardens of [Parish or
Congregation] as at December 31, [year] and the statement of financial activities
(or receipts and disbursements) for the year then ended. My examination
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included a general review of the accounting procedures and such tests of
accounting records and other supporting evidence as I considered necessary in
the circumstances. In my opinion, these financial statements present fairly the
financial position of the Church as at December 31, [year] and the results of its
financial activities for the year then ended, in accordance with generally accepted
accounting principles applied on a basis consistent with that of the previous year.
3. The auditor shall include in the report to the Vestry such statements as he or she
considers necessary where and,
a) if the examination has not been conducted in accordance with this Regulation
shall state therein the reasons therefore; or
b) there are any matters which in his or her opinion should be brought before the
Vestry.
4. A copy of the Churchwardens’ accounts with the auditor’s report thereon shall be
forwarded to the Synod Office with the Churchwarden’s Parochial Returns.
5. The Churchwardens shall furnish each Vestry auditor with a copy of this regulation prior
to the making of the examination.
R.5.07 PARISH REMITTANCES TO SYNOD
1. All monies received by the Clergy and/or Churchwardens as specific gifts for the
Diocesan Budget or insurance or other diocesan purpose shall be remitted forthwith to
the Synod Office.
2. Monies payable by parishes for the Cost of Priestly Services shall be remitted on a
monthly basis on or before the 25th day of each month as is provided for in Regulation
4.
3. The Parish Fair Share of the Diocesan Budget assessed to each parish, so far as the same
is drawn from general revenue by each parish, should be remitted on a monthly basis
but shall be remitted at least once a quarter yearly to the Synod Office.
4. The share assessed to each parish of the bulk premiums due for the comprehensive
insurance plan for the Diocese shall be remitted as provided for under Bylaw 3.22(5) and
Regulation 5.12.
5. DELAY AND DEFAULT
Any delay on the part of a parish in making remittances for the remuneration of the
clergy shall be reported by the Director of Financial Ministry to the Archdeacon in whose
archdeaconry that parish is found, for his or her investigation and such action as he or
she considers appropriate. If the delay in remittance by any parish continues for three
months, the same shall be reported forthwith by the Director of Financial Ministry to the
Diocesan Council which with the concurrence of the Bishop, may consult the Archdeacon
aforesaid, the principal officers of the parish concerned, the Diocesan Stewardship
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Consultants if any, and such other persons as the Diocesan Council considers
appropriate, with the object of arriving at a decision about the future financing of the
parish that is in default.
6. ADDED PENALTY FOR DELAY AND DEFAULT
A rate of interest of 2% per month or 24% per annum shall be assessed against any
parish for each day of delay if and to the extent that the bank order or cheque or monies
required of any parish is dishonoured or is not received.
R.5.08 PARISH PRIORITIES
When in any year the income of a parish falls behind the budget that was approved by the
Vestry of that parish for that year, the commitments of the parish shall be met according to the
following scale of priorities:
1. Clergy and lay salaries, stipends, allowances and other benefits and pensions;
2. its share of premiums for the Diocesan insurance policy;
3. essential operating expenses of the parish, including emergency repairs, interest on
committed and existing loans; and principal and interest when so contracted in blended
payments;
4. its share of the Parish Fair Share;
5. repayment of debt/principal; and
6. capital maintenance or replacement, other expenses, and miscellaneous.
R.5.09 SIDESPERSONS
1. At each annual meeting of the Vestry of a congregation, there shall be elected by the
Vestry or appointed by the Churchwardens a Convenor of Sidespersons, whose duty it
shall be establish a roster of Sidespersons for the ensuing year; and the Convenor of
Sidespersons so elected or appointed shall hold office until the annual meeting of the
Vestry next following his or her appointment.
2. Vacancies, due to death, removals, or neglect or refusal to act, may be filled by the
Convenor of Sidespersons for the remainder of the vacated term of office.
3. In general, the duties of Sidespersons shall be to assist the Incumbent and
Churchwardens and to discharge such duties as are assigned to them by the Vestry, the
Incumbent and the Churchwardens.
4. The special duties of sidespersons shall be to assist the Churchwardens:
a) in receiving and seating the congregation in the Church;
b) in taking up the offering, and if requested by the Churchwardens, in counting the
offering on the conclusion of the service.
c) in maintaining order in and about the Church during divine worship.
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R.5.10 MINISTERING IN VACANT AND MULTIPLE CONGREGATIONAL PARISHES
1. Except with the consent of the Diocesan Council, at no time, temporary or permanent,
shall any Incumbent have charge of more than four organized congregations where each
has a Church population of 20 or more confirmed members of 16 years and upwards.
2. Where a clergy, or a Licensed Lay Reader, is called upon to provide Sunday or weekday
services in a parish where the incumbency is vacant, the minimum remuneration which
he or she shall receive shall be the lesser of such fee per service or per Sunday as is
determined from time to time by the Clergy Benefits Subcommittee with the
concurrence of the Diocesan Council, plus a travel allowance in the performance of this
work, to be at the same rate as clergy and others not eligible for Transportation
Allowances in Regulation 4.01(7)(d). Such income and allowance shall be paid over and
above the stipend and allowance already received by such clergy for the work whereunto
he or she has been licensed by the Bishop, and shall form part of his or her income and
allowance for that year, it being understood that all such payments shall be reported to
the Synod Office when monthly remittances are made in accordance with Regulation 4.
R.5.11 DIOCESAN PARISH FAIR SHARE
1. The Diocesan Parish Fair Share means the amount required to be raised in a year by the
Diocese and which is designated in the three-year Budget approved by the 2006 Synod
as the “Budgeted Parish Fair Share” (hereafter referred to as “Budget” or “Diocesan
Budget”), including assessments and Parish Fair Shares of the General Synod and the
Provincial Synod, and funds for such other purposes as may be approved by the
Diocesan Synod or Diocesan Council. Each parish shall pay its Fair Share of the Diocesan
Budget as calculated by the Synod Office. A Parish’s Fair Share of the Budget is the
amount in dollars that is determined by multiplying the amount of the Diocesan Budget
by a fraction that has as its numerator the average Assessable Income for the parish over
the immediately preceding three years and its denominator the total of the average
Assessable Income over the same three year period for all parishes in the Diocese. The
Director of Financial Ministry shall, no later than the last day of August in each year,
notify the Incumbent and Church wardens of each parish of the parish’s Fair Share
amount for that Parish for the next ensuing calendar year.
2. Assessable income for a parish means the income of the parish from all sources, with the
following deductions/exceptions being made:
a) Cost of Priestly Services (COPS) for all stipendiary clergy (incumbent and assistant
curates) being income used to pay the stipend, travel allowance, and other
benefits, but not the housing allowance;
b) in/out or flow through donations from parishioners for outreach projects such as:
the Primate’s World Relief and Development Fund (PWRDF); Community
Ministries, including Centre 454, The Well/La Source, et cetera.; or any other
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instance where the donations constitute a trust which the parish cannot use for
any other purpose;
c) capital funds placed in the diocesan Consolidated Trust Fund (CTF). No other
trust fund qualifies for exemption or deduction;
d) borrowed money, but income raised to pay back any such loan is assessable
unless such income is used for construction of a new church;
e) the cost of professional fees as well as disbursements incurred for fundraising
under a stewardship campaign or otherwise in a parish;
f) other deductions which have been approved by the Financial Affairs Committee,
including those identified by the annual Statistical Return.
3. ANNUAL RETURNS AND APPEALS PROCESS
a) To enable the assessable income of each parish/congregation to be determined,
the Churchwardens (and treasurer) thereof shall on the date provided for by the
Statistical Return in each year forward to the Synod Office a Statistical Return,
also known as the parochial return, in the current form prescribed by the Synod
Office. The Return is to be accompanied by copies of financial statements of the
parish/congregation approved by the annual vestry meeting thereof held in
January or February. If a parish has experienced an abnormal increase in its
income that affects or is likely to affect its share of the diocesan budget for the
following year, a letter from the parish should accompany the Return, giving full
details for the consideration of the Director of Financial Ministry and reference to
the Fair Share Review Subcommittee as hereafter defined.
b) The Financial Affairs Committee upon being advised that a parish has failed to file
its Statistical Return may arbitrarily set the assessable income of the parish as well
as its share of the Diocesan Budget and the Cost of Priestly Services to be paid by
that parish.
c) A subcommittee of the Financial Affairs Committee known as the Fair Share
Review Subcommittee attempts to assist those parishes in the calculation of their
assessable income if an abnormal increase in income of the parish occurs which
would have the effect of unfairly raising its share of the Diocesan Budget for the
following year. Upon receiving a letter from a parish with its Statistical Return as
aforesaid, the Director of Financial Ministry shall refer the letter to the ARC which
will contact the parish, review the letter with them and seek to do what is
possible to lessen the impact of the abnormal increase in income.
d) The Director of Financial Ministry, so far as possible, shall have discussions with
each parish/congregation where the anticipated share of the Diocesan Budget is
significantly higher or lower than its share in the previous year with a view to
arriving at a satisfactory amount for the coming year and shall, to the extent
possible by the last week of August in each year, give notice in writing to the
Incumbent and Churchwardens of each parish of the Parish Fair Share amount
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based on assessable income as well as identifiable givers in that year, and for
which it is responsible in the following year.
e) Upon receiving written notice of its fair share amount, the Incumbent and Church
Wardens may, after serious reflection, research and discussion in the parish,
appeal the amount in accordance with the following process, which shall take
place entirely within the same calendar year as the notice of the fair share
amount is issued, except in the case of an appeal to Diocesan Council which may
take place the following year as herein provided.
i) Notice of Appeal shall be in writing and shall be delivered to the
Archdeacon on or before the earlier of the following two dates: six weeks
following the date on which the letter notifying the parish of the Fair
Share amount was mailed, and October 15.
ii) The Notice of Appeal shall include reasons for the appeal and supporting
documentary evidence.
iii) The Archdeacon shall forthwith investigate the appeal, including meeting
with the Incumbent and Churchwardens and other interested leaders of
the parish.
iv) The Archdeacon shall, on or before October 31, write and submit a report
to the Director of Financial Ministry expressing the Archdeacon’s findings
and recommendations, including the Notice of Appeal and supporting
documents. The Archdeacon shall deliver a copy of the report without
enclosures to the Incumbent of the parish.
v) In his or her discretion, the Archdeacon may also deliver a copy of the
Report to the Bishop, if in the opinion of the Archdeacon, some
immediate action by the Bishop is warranted.
vi) The Director of Financial Ministry shall forthwith consider the Appeal and
attempt to resolve it through further discussion with representatives of
the parish.
vii) If the Appeal is not resolved, then it shall be considered at the November
meeting of the Financial Affairs Committee at which the Director of
Financial Ministry and, if requested by the Parish or by the Director of
Financial Ministry, the representatives of the parish shall make
representations.
viii) The Financial Affairs Committee shall give written notice of its decision to
the Incumbent of the parish no later than November 30.
ix) The decision of the Financial Affairs Committee is final, unless the parish
appeals it to the Diocesan Council by delivering written notice of its
intention to appeal delivered with supporting documents no later than
December 15.
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A) Immediately upon receipt of a notice of intention to appeal to
Diocesan Council, the Director of Financial Ministry shall cause the
matter to be listed on the agenda of the first sitting of the
Diocesan Council in the following year.
B) That meeting of the Diocesan Council shall choose a
subcommittee comprising three members, two of whom are laity
and the third member is a cleric, to hear the appeal. At least one
member of the subcommittee shall be a member of Diocesan
Council, who shall serve as Chair.
C) This subcommittee shall meet to hear the appeal as soon as is
conveniently possible, and shall hear representations and
submissions from representatives of the parish and from officials
of the Diocese as it sees fit.
D) The subcommittee shall render a written report within thirty days
of its meeting, and shall deliver a copy of its report to the
Secretaries of Synod, who shall transmit it forthwith electronically
to all the members of Diocesan Council who have provided the
Secretaries of Synod with an e-mail address.
E) The report of the subcommittee is deemed to have been
confirmed by Diocesan Council on the seventh day after it has
been electronically sent to the members of Diocesan Council,
unless a majority of the members of Diocesan Council object to
the report by notice returned to one of the Secretaries of Synod
either electronically or by written notice delivered within the same
seven days.
F) If objection is so made by the majority of the members of the
Diocesan Council, then the report of the subcommittee shall be
referred to the next meeting of Diocesan Council for its
consideration. The Diocesan Council may then refuse the report or
may confirm it with or without variation.
G) The report once confirmed with or without variation by Diocesan
Council is a final determination of the appeal.
x) If a parish fails to pay its Fair Share amount, and has not availed itself of
the appeal process, the Director of Financial Ministry may request the
Archdeacon to investigate the matter and report the result of the
investigation to the Director of Financial Ministry, copied to the
Incumbent of the parish. The report shall then be dealt with in the same
manner as if an appeal had been made by the parish, in accordance with
subsections (v) through (x) of the foregoing sub-paragraph, except that
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time limits are in the discretion of the Director of Financial Ministry in
consultation with the Chancellor.
xi) The appeal process, whether initiated by the parish, or by the Director of
Financial Ministry, may result in any of the following actions or
recommendations, or others as appropriate:
A) Fair Share arrears be written off, but no changes can be made to
Parish Fair Share or the values internal to its calculation;
B) a shortfall be made up from some other source of funds available
to the parish;
C) a parish take a specific action to reduce costs or increase revenue
or re-order its financial priorities;
D) the Bishop be asked to consider taking disciplinary action against
a cleric;
E) the Bishop be asked to consider the disestablishment of a parish
or of a congregation.
F) As soon as possible and to the extent necessary, such appeals will
be placed on the agenda of the Financial Affairs Committee, and if
requested, the parish shall be given an opportunity to speak
summarily to the Committee before a determination is made.
G) Advice of the determination of the Financial Affairs Committee
shall be given in writing to the parish which, if it finds such
determination unacceptable, may appeal to the Diocesan Council,
providing notice thereof is given forthwith to the Clerical Secretary
and grounds for the appeal are submitted in writing forthwith.
Diocesan Council at its next regular meeting shall consider
summarily whether such appeal has merit, and if the Committee so
determines, then it may either dispose of the matter itself or refer
it back to the Financial Affairs Committee for review and
disposition. The decision of the Diocesan Council in all respects
shall be final
.4. PARISH FAIR SHARE ARREARS
a) Responsibility for the payment of the parochial share of the Diocesan Budget is
vested in the Incumbent and Churchwardens for each parish.
b) If the Incumbent and Churchwardens for a parish do not remit to the Synod
Office the full amount of that Parish Fair Share within thirty days of the end of the
calendar year in which it was assessed, the same shall be reported by the Director
of Financial Ministry to the Archdeacon for the Archdeaconry in which the parish
is found for his or her investigation.
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i) The Archdeacon shall make careful enquiry into the matter with the
Incumbent and Churchwardens and such other persons in the parish he or
she considers necessary.
ii) If upon such review and having regard to the representations made on
behalf of the parish, it appears possible to revise the parish budget so as
to enable a larger remittance to be made towards Parish Fair Share, such
revision shall be effected forthwith by the parish, and such other steps
taken as may seem appropriate to the Archdeacon and to the parish.
iii) If such a revision does not appear possible or if after three months more,
remittance has not been made of the arrears of the Parish Fair Share, then
the matter shall be reported to the Director of Financial Ministry and by
him or her to the Diocesan Council which, with the concurrence of the
Bishop may consult the Archdeacon aforesaid, the Diocesan Stewardship
Officer, if any, the principal officers of the parish concerned, and such
other persons as the Diocesan Council considers appropriate in order to
arrive at a decision about the future financing of the parish in the Diocese.
R.5.12 INSURANCE
Each year, as soon as the bulk premium for the Diocese has been reported by the Insurance
Subcommittee and approved by the Financial Affairs Committee and by the Diocesan Council,
each parish shall be notified of its share thereof. That share will have been pro-rated and
assessed based upon the Parish Fair Share assessment for each parish; and as soon as possible
after approval by the Diocesan Council and notification thereof is given, each parish shall pay its
share of the bulk premium no later than the 31st day of January in each year, by remittance to
The Incorporated Synod of the Diocese of Ottawa for the attention of the Director of Financial
Ministry, Synod Office.
[This section may not agree with current practice and is under review]
Diocesan CBR Zoom Meeting June 6, 2024
This Zoom meeting recording discusses proposed changes to the Bylaws relating to the governance of parishes and congregations in the Diocese.
Watch the recording of the Zoom meeting here.