Section 2 definitions of "The Basis of Union" and "The Act of incorporation" BEFORE repealed by 2021-26-1, effective October 28, 2021 (Royal Assent).
"The Basis of Union"
(b) "The Basis of Union" means the Basis of Union set forth in Schedule A to the said Act of the Parliament of Canada:
"The Act of incorporation"
(i) "The Act of incorporation" means the said Act of the Parliament of Canada:
Section 2 definitions of "Basis of Union" and "Act of incorporation" were added by 2021-26-1, effective October 28, 2021 (Royal Assent).
Item 3 of Schedule A BEFORE amended by 2021-26-3, effective October 28, 2021 (Royal Assent).
| 3 | To obey all lawful orders and directions. | And upon further trust, that they shall and will obey, perform, and fulfil, and suffer to be obeyed, performed, and fulfilled, with respect to the said lands, and to any building or buildings at any time thereon, or to any burial-ground, the lawful orders and directions respectively of the Official Board of the said congregation, the Presbytery and Conference respectively within whose bounds and under whose ecclesiastical jurisdiction the said congregation shall from time to time be, and of the General Council of The United Church of Canada. |
Item 6 of Schedule A BEFORE amended by 2021-26-4 and 5, effective October 28, 2021 (Royal Assent).
| 6 | The Trustees shall have power to sell, mortgage, exchange, or lease the trust property with the consent of the Presbytery. | The trustees or a majority of them may, but only with the consent in writing of the Presbytery within the bounds of which the lands are situate (such consent to be under the hand of the presiding officer or secretary or clerk thereof), sell the said lands or any part thereof either by public sale or private contract and either for cash or upon credit and upon such terms as to price and for such price and upon such terms as to payment or otherwise as they may deem expedient; mortgage, hypothecate, or exchange the said lands or any part thereof; let any church, chapel, or meeting-house upon the same for such rent and upon such terms as they may deem expedient; and make all such conveyances, mortgages, leases, and assurances as may be required to complete any such sale, mortgage, hypothecation, exchange, or lease. The said Trustees after first paying or otherwise providing for all indebtedness of the Trustees shall apply the moneys arising from such sale, mortgage, hypothecation, lease, or exchange for the purposes of such congregation as the Official Board thereof shall direct, but should such congregation cease to exist as an organized body, such proceeds, less any expense incurred in the execution of these trusts, shall be paid to The United Church of Canada to be applied for such purposes for the benefit of The United Church of Canada as the Conference within the bounds of which the said lands are situate may determine under the by-laws, rules, and regulations of the General Council. Every application by Trustees for the consent of a Presbytery as aforesaid shall be in writing and shall state the purpose for which the moneys arising from such intended sale, mortgage, hypothecation, lease, or exchange will be applied. Any decision of a Presbytery with regard to the sale, mortgage, hypothecation, lease, or exchange of the said lands or any part thereof shall be subject to appeal to the Conference within the bounds of which the said lands are situate, at the instance of not fewer than any five members of the congregation affected thereby. In every case where the consent of such Presbytery or Conference has been obtained as aforesaid it shall not be incumbent upon the purchaser, mortgagee, or lessee of the said lands or of any part thereof to inquire into the necessity, expediency, or propriety of any such sale, mortgage, hypothecation, lease, or exchange, or to see to the application of the moneys paid to the Trustees. A certificate of the secretary or clerk of any Presbytery or Conference that any such consent has been given shall be sufficient and conclusive evidence of such consent. |
Item 9 of Schedule A BEFORE amended by 2021-26-6 and 7, effective October 28, 2021 (Royal Assent).
| 9 | The number of Trustees shall not be fewer than three or more than fifteen, and vacancies shall be filled by election by the congregation, or, in default of such election, by the Presbytery, and the property of a congregation which ceases to exist shall be subject to the trusts determined by the Conference. | The number of said Trustees shall not be fewer than three or more than fifteen: Provided that where the number of existing Trustees is more than fifteen all such Trustees shall remain in office, but that no vacancy in the office of Trustee shall be filled until the number of Trustees is reduced below fifteen, in which case the number shall not again exceed fifteen. In case any of the said Trustees or any Trustee appointed under this provision shall, during his or her term of office, die, resign, or having been, cease to be a member of The United Church of Canada in full communion, or remove to such a distance, or fail to attend meetings for such period, not less than one year, as shall in the opinion of his or her co-trustees, expressed by a two-thirds vote of said co-trustees, render it inexpedient for him or her to remain a Trustee, or in case the said congregation shall think proper to remove a Trustee from his or her office as Trustee, it shall be lawful for the said congregation, at any meeting called by notice from the pulpit during public worship on each of the two next preceding Sundays on which public worship is held, to declare by the votes of two-thirds of the members then present that such Trustee has ceased to be a Trustee of the said congregation, and such person shall thereupon cease to be a Trustee, and at the same meeting it shall be lawful for the said congregation by a like vote to appoint a successor to such Trustee: Provided, however, that no Trustee who is personally liable for payment of any indebtedness in respect of the property of a congregation shall be removed without his consent unless indemnified to his satisfaction in respect of any such liability, and unless at least eight days' notice in writing of such meeting shall have been mailed to each of the Trustees at his or her last-known address, which notice shall state the business to be transacted at such meeting. If no successor shall be appointed at such meeting, a meeting may be called in like manner for the purpose of filling such vacancy, and at such meeting a new Trustee or new Trustees (as the case may require) shall be appointed by the votes of the majority of the members then present. The notice calling a meeting for the purpose of declaring or filling a vacancy or vacancies in the office of Trustee shall be read from the pulpit by the minister or person officiating as minister, at the request of any Trustee or of any seven members of the congregation, and every such meeting may be adjourned from time to time by the vote of the majority of the members present. During any vacancy in the office of Trustee, the remaining Trustees, not being fewer than three in number, shall have all the powers of the full board. A majority of the Trustees shall form a quorum save when the number of Trustees exceeds nine, in which case five shall form a quorum. The majority of the Trustees shall be members of The United Church of Canada. A minute of every such appointment of a Trustee shall be entered in a book to be kept for the purpose, and signed by the person presiding at the meeting, and such minute so signed shall be sufficient evidence of the fact that the person or persons therein named was or were appointed and elected at such meeting, but any omission or neglect to make or sign such minute shall not invalidate such appointment or election. And it is hereby further declared that in case there shall be at any time fewer than three Trustees, the presiding officer or clerk of the Presbytery within whose bounds and under whose jurisdiction the said congregation shall be, shall, with the remaining Trustee or Trustees, be the Trustees under these presents until the full board is duly appointed, and at any time thereafter the Presbytery may cause notice to be given from the pulpit on two consecutive Sundays requiring the said congregation to proceed with the appointment of new Trustees. And if the said congregation shall not in the meantime have appointed new Trustees in the manner hereinbefore provided, it shall be lawful for the said Presbytery at any time after four weeks from the last giving of such notice, by resolution duly entered in the minutes of the Presbytery, to appoint new Trustees. Such appointment shall be communicated to the congregation by notice from the pulpit as soon as conveniently may be thereafter, and from the time of such communication the Trustee or Trustees so appointed shall be a Trustee or Trustees hereunder. And it is further declared that if at any time there shall cease to be an organized congregation entitled to the use, benefit, and enjoyment of the said lands, it shall be lawful at any time or times for the said Presbytery to fill any vacancy in the number of Trustees, and the said lands shall thenceforth be held subject to such trusts and for such purposes for the benefit of The United Church of Canada as the Conference within the bounds of which the said lands are situate may determine under the by-laws, rules, and regulations of the General Council. |
Item 11 of Schedule A BEFORE amended by 2021-26-8, effective October 28, 2021 (Royal Assent).
| 11 | In the congregations existing previous to the Union which have not adopted the plan of organization prescribed for pastoral charges as provided by the Basis of Union, the words "Official Board" and "Committee of Stewards" and "Session" in this Schedule shall mean such Board or Committee or other body respectively discharging similar functions in such congregations, as to which in case of doubt the opinion of the Presbytery to which such congregation belongs shall be final and conclusive. |