- All Records
- Chancellor Ronald Stevenson
Adoption of the Agenda
http://archives.anglican.ca/en/permalink/official9714
- Date
- 2010 June 3-11
- Source
- General Synod. Minutes
- Record Type
- Act 2
- Seconder
- Canon Barbara Burrows
- Text
- That the Draft Agenda #9 be adopted. CARRIED Act 2
Amendments to Canon XXI - Impediments of Relationship - Second Reading #045-02-04-03
http://archives.anglican.ca/en/permalink/official8868
- Date
- 2004 March 4-7
- Source
- Council of General Synod Minutes
- Record Type
- Resolution 28-03-04
- Date
- 2004 March 4-7
- Record Type
- Resolution 28-03-04
- Seconder
- Rev. Alan Perry
- Text
- That the Council approve for submission to the General Synod, for second reading, a motion to amend Canon XXI with respect to Impediments of Relationship in the form attached to this report. CARRIED #28-03-04
- Notes
- Note: Amendment to Canon XXI - Impediments of Relationship was distributed as Document #045-03-04-03 and is attached as Appendix H.
- APPENDIX H
- Moved By: Ronald Stevenson (Chancellor)
- Seconded By: Bishop Barry Hollowell from the Diocese of Calgary
- Note: The mover and the seconder must be members of the General Synod and be present in the House when the resolution is before the synod for debate.
- BE IT RESOLVED: That second reading be given to the resolution
- That Canon XXI be amended:
- (1) by striking out section 3 of Part I and substituting therefor the following:
- 3. Impediments of Relationship
- a) Notwithstanding the Table of Kindred and Affinity contained in the book of Common Prayer (1962), when making the inquiries directed in section 2 the minister shall, with respect to impediments of relationship, be guided by the "Marriage (Prohibited Degrees) Act", as it was in force on June 1, 2004, which prohibits marriages between persons who are related
- i) lineally by consanguinity or adoption,
- ii) as brother and sister by consanguinity, whether by the whole blood or the half-blood, or
- iii) as brother and sister by adoption.
- b) In addition to marriages prohibited by law, no person may marry another person if they both live, or have previously lived, in the same household and one of them is or has been treated by the other as a child or parent.
- (2) by striking out clause 17 a) ii) of Part III and substituting therefor the following:
- ii) they are related to each other
- iii) as brother and sister by adoption;
- (3) by renumbering clause 17 a) iii) of Part III to be clause 17 a) iv) and by inserting a new clause 17 a) iii) as follows:
- iii) they both live, or have previously lived, in the same household and one of them is or has been treated by the other as a child or parent; or
- EXPLANATORY NOTE/BACKGROUND INFORMATION
- The background for this resolution is found in the report of the Marriage Canon Task Force, particularly at pages 17 to 21. Clause 3 b) is based on an amendment made to the resolution when it was given first reading by the General Synod in 2001. The proposed clause 17 a) iii) makes Part III consistent with that amendment.
- Source: Act 21 of General Synod 2001
- (name of committee, diocese, etc.)
- Submitted by: The Chancellor
- Please submit to the General Secretary
- Subjects
- Anglican Church of Canada. General Synod. Constitution. Canon XXI
- Marriage (Canon law) - Anglican Church of Canada
- Marriage - Religious aspects - Anglican Church of Canada
- Consanguinity (Canon law) - Anglican Church of Canada
- Marriage law - Canada
- Stepchildren - Religious aspects - Anglican Church of Canada
Amendments to Canon XXI - Remarriage of Divorced Persons - Matrimonial Commissions - Second Reading
http://archives.anglican.ca/en/permalink/official8869
- Date
- 2004 March 4-7
- Source
- Council of General Synod. Minutes
- Record Type
- Resolution 29-03-04
- Date
- 2004 March 4-7
- Record Type
- Resolution 29-03-04
- Seconder
- Chancellor Robert Falby
- Text
- That the Council approve for submission to the General Synod, for second reading, a motion to amend Canon XXI with respect to Remarriage of Divorced Persons - Matrimonial Commissions in the form attached to this report. CARRIED #29-03-04
- Notes
- Note: Amendment to Canon XXI - Remarriage of Divorced Persons - Matrimonial Commissions was distributed as Document #045-03-04-04 and is attached as Appendix I.
- APPENDIX I
- Subject: Marriage Canon - remarriage of divorced persons - matrimonial commissions
- Moved By: Ronald Stevenson (Chancellor)
- Seconded By: Bishop Barry Hollowell from the Diocese of Calgary
- Note: The mover and the seconder must be members of the General Synod and be present in the House when the resolution is before the synod for debate.
- BE IT RESOLVED:
- That second reading be given to the resolution
- That Canon XXI be amended
- (1) by striking out clause 16 b) and substituting therefor the following:
- b) "Chancellor" means the chancellor of a diocese;
- (2) by striking out the word "Commission" wherever it appears in Part III, in Schedule B or in Schedule D and substituting therefor the word "Chancellor";
- (3) by striking out the word "its" in the second line of clause 20 a) and substituting therefor the words "the Chancellor's";
- (4) by adding at the end of Part II the following new sections:
- 22. Procedure
- The Chancellor shall follow the procedure set out in the provisions of Schedule D.
- 23. Avoidance of Delay
- The Chancellor shall deal with each application as expeditiously as possible.
- 24. Limitation of Jurisdiction
- Every finding and determination of the Chancellor shall be and shall be expressly stated to be made solely for the purposes of this Canon and not for the purpose of performing any function of a civil court or other civil authority, and shall otherwise be confined to the findings and declaration necessary for disposing of the application in respect of which it is made.
- 25. Persons Serving in or Attached to the Canadian Forces
- a) This section applies to a person who is enrolled in the Canadian Forces who is serving in the regular forces or who is a member of the reserve forces on continuous duty with the regular forces, or a person who in accordance with the "National Defence Act", accompanies the Canadian Forces, and the dependents of all such persons.
- b) A person described in clause a) may forward an application under this Part to the Anglican chaplain responsible for his or her pastoral care.
- c) On receiving an application the chaplain may forward the application to the Chancellor of the diocese in which the applicant resides or to the Bishop Ordinary to the Canadian Forces who shall designate a diocesan chancellor to hear the application.
- d) Nothing in this section prevents a person from making an application in the manner prescribed by this Part.
- (5) by repealing Part IV (Sections 22 to 25) of the Canon and substituting the following:
- PART IV
- THE REMARRIAGE OF A DIVORCED PERSON WHOSE FORMER PARTNER IS STILL LIVING
- 26. Definition
- In this Part "incumbent" includes an Anglican chaplain responsible for the pastoral care of persons enrolled in the Canadian Forces.
- 27. Application for Permission to Remarry
- a) An application for permission to marry each other according to the rites of this Church may be made by two persons, one or both of whom has or have gone through a ceremony or ceremonies of marriage with a person or persons now living not a party or parties to the application, if the prior marriage or marriages is or are not questioned under this Canon in the application but has or have been dissolved or terminated by a legislature or legislatures or a court or courts or by another act or acts or event or events according to the laws applicable thereto.
- b) Where a marriage or purported marriage has been annulled for a defect not mentioned in section 17 of Part III of this Canon, and no defect mentioned in that section is alleged in respect thereof, it shall be deemed for the purposes of this Canon to have been dissolved.
- c) The application shall be made to and determined by the incumbent of the parish or mission where it is desired that the intended marriage be celebrated.
- d) The incumbent may request other competent persons who are readily accessible to one or both of the parties to interview the parties and report to the incumbent where
- i) both parties to the intended marriage reside a significant distance from the proposed place of marriage,
- ii) the parties live a significant distance from each other, or
- iii) other circumstances require it.
- e) The application shall be made in writing and signed by the applicants and shall contain the information required by Schedule C.
- f) The incumbent shall ensure, where needed and possible, that appropriate pastoral care is provided to former partners who are not applicants.
- 28. Permission to Remarry
- The incumbent may grant permission to remarry if the incumbent is satisfied that:
- a) the applicants understand the nature of Christian marriage as stated in this Canon and intend to enter into such a marriage and believe that they have the capacity to enter into and sustain the marriage during their joint lives;
- b) any prior marriage in question has been validly dissolved or terminated in accordance with the law properly applicable thereto;
- c) the applicant concerned tried in good faith before dissolution to effect reconciliation with the other party;
- d) adequate provision has been made for a former spouse of a divorced applicant according to the means of the applicant and the means and needs of the former spouse;
- e) proper provision has been made for the care, maintenance, education and advancement of minor, disabled or otherwise dependent children of any prior marriage;
- f) if the children of a prior marriage are to live with the applicants, there is a reasonable prospect that the family relationship will be satisfactory.
- 29. Special Cases
- a) If the incumbent is satisfied that efforts towards reconciliation between the parties to a former marriage would have been ineffective as a result of the fault of either party or for any other reason, the requirement of clause 28 c) may be dispensed with.
- b) If either applicant has entered into two or more marriages that have been dissolved, the incumbent may, before granting permission, seek the advice of other competent persons.
- c) If the incumbent is of the opinion that a prior purported marriage of an applicant did not constitute a marriage as defined by this Canon, the incumbent may refer the application to the Chancellor who may, if the conditions of Part III, section 20, are satisfied, make a declaration under that section in respect of the marriage in question.
- d) If an incumbent declines for reasons of conscience to entertain an application for permission to remarry, the incumbent shall refer the applicants to a priest designated by the bishop and, if that priest grants the application, shall permit that priest or another priest to solemnize the marriage in the incumbent's church.
- e) If an incumbent declines for reasons of conscience to solemnize a marriage pursuant to permission given under this Part, the incumbent shall refer the applicants to a priest designated by the bishop and shall permit that priest or another priest to solemnize the marriage in the incumbent's church.
- (6) by repealing Part VI (Ecclesiastical Matrimonial Commission) and Part VII (Forms) and substituting the following new Part V:
- Part V
- FORMS
- 30. Forms for use in the administration of this Canon may be authorized by the Council of the General Synod, by the diocesan bishop or by the Bishop Ordinary to the Canadian Forces.
- (7) by striking out Section 14 or Schedule B and substituting therefor the following:
- 14. If one or both of the applicants do not reside in the parish, the procedure outlined in Section 27 d) may apply.
- (8) by striking out the reference "See Part IV, Section 22 (c) "at the beginning of Schedule C and substituting therefor "See Part IV, Section 27 (e)."
- (9) by striking out the reference "See Part VI, Section 30" at the beginning of Schedule D and substituting therefor "See Part III, Section 22."
- (10) by striking out section 6 in Schedule D.
- (11) by striking out paragraph 8 of Schedule E and substituting the following:
- 8. If either party has been previously married or has cohabited in a common law or "de facto" marriage, it is important that there be specific discussions about the past relationships, the reasons for the breakdown of any past relationships, the effect of any continuing obligations, financial or otherwise, to a former partner or children of a previous marriage or relationship, potential problems related to access to or custody of such children, and the potential integration of such children into a new family unit.
- EXPLANATORY NOTE/BACKGROUND INFORMATION;
- The background for this resolution is found in the report of the Marriage Canon Task Force. particularly at pages 12 to 16.
- Source: Act 13 of General Synod 2001
- (name of committee, diocese, etc.)
- Submitted by: The Chancellor
- Please submit to the General Secretary
- Subjects
- Anglican Church of Canada. General Synod. Constitution. Canon XXI
- Marriage (Canon law) - Anglican Church of Canada
- Marriage - Religious aspects - Anglican Church of Canada
- Matrimonial Commissions - Anglican Church of Canada
- Remarriage - Religious aspects - Anglican Church of Canada
- Divorce - Religious aspects - Anglican Church of Canada
Amendment to Canon VI - The Treasurer
http://archives.anglican.ca/en/permalink/official8944
- Date
- 2004 May 28 - June 4
- Source
- General Synod. Minutes
- Record Type
- Act 15
- Seconder
- Archdeacon Jim Boyles
- Text
- That Canon VI of the General Synod (Financial Management) be amended by deleting section 1 and renumbering sections 2 to 6 to be sections 1 to 5. CARRIED Act 15
- Subjects
- Anglican Church of Canada. General Synod. Constitution. Canon VI
- Anglican Church of Canada. General Synod. Treasurer
Amendment to Canon XVII - The Licensing of Clergy - First Reading
http://archives.anglican.ca/en/permalink/official8972
- Date
- 2004 May 28 - June 4
- Source
- General Synod. Minutes
- Record Type
- Act 70
- Seconder
- Rev. Dr. Richard Leggett
- Text
- That first reading be given to the Resolution that Canon XVII - The Licensing of Clergy - be amended as follows:
- 1. by re-lettering sections 11 b) to 11 h) to be sections 11 d) to 11 j);
- 2. by adding two new sections as follows:
- 11 b) although it is not possible to set out all the circumstances in which the bishop might make such a decision, they include financial difficulties in a parish, decline in parish membership, redeployment of human resources, and the licensee's inability to carry out his or her ministry.
- 11 c) Where the bishop is aware of circumstances that may establish that a licensee has committed and ecclesiastical offense under Canon XVIII, the bishop may not revoke a license instead of making, or referring to the court having jurisdiction, a determination of whether an ecclesiastical offense has ben committed.
- 3. by amending section 11 i), as re-lettered, to read as follows;
- 11 i) The arbitration board shall provide an opportunity to the licensee and the bishop to make submissions in writing and orally and to respond to the submissions of the other party. It shall determine the length of notice or the amount of pay and benefits in lieu of notice to be given to the licensee including, where appropriate, financial and vocational counselling, and shall take into account prevailing practices in the secular community. The decision of the arbitration board shall be in writing and is final and binding on the licensee and the bishop. CARRIED IN ALL ORDERS Act 70
- Subjects
- Anglican Church of Canada. General Synod. Constitution. Canon XVII
- Anglican Church of Canada - Clergy - Licensing
Amendment to Canon XXI - On Marriage in the Church - Admission to Holy Communion
http://archives.anglican.ca/en/permalink/official8031
- Date
- 2001 July 4-11
- Source
- General Synod. Minutes
- Record Type
- Act 60
- Mover
- Bishop Barry Hollowell
- Seconder
- Chancellor Ronald Stevenson
- Text
- That first reading be given to the resolution
- That Canon XXI be amended by deleting Part V - Admission to Holy Communion in Special Cases. CARRIED Act 60
- Subjects
- Anglican Church of Canada. General Synod. Constitution. Canon XXI
- Marriage (Canon law) - Anglican Church of Canada
- Marriage - Religious aspects - Anglican Church of Canada
- Lord's Supper - Admission to - Anglican Church of Canada
Amendment to Canon XXI - On Marriage in the Church - Admission to Holy Communion - Second Reading
http://archives.anglican.ca/en/permalink/official8916
- Date
- 2004 May 28 - June 4
- Source
- General Synod. Minutes
- Record Type
- Act 19
- Seconder
- Bishop Barry Hollowell
- Text
- That second reading be given to the resolution
- That Canon XXI be amended by deleting Part V - Admission to Holy Communion in Special Cases. CARRIED IN ALL ORDERS Act 19
- Notes
- [Text of Part V as per 13th edition (2002) of The Handbook of the General Synod of the Anglican Church of Canada, p. 117:
- "V. ADMISSION TO HOLY COMMUNION IN SPECIAL CASES
- 26. Admission to Holy Communion in Special Cases
- In every case where a person who has been remarried, except as provided above in this Canon, whose former and present partners are both living, desires a ruling with respect to admission to Holy Communion, the case shall be referred by the incumbent to the bishop of the diocese for judgment. In arriving at this judgment the bishop shall have due regard for the spiritual welfare of the petitioner as well as the provisions of this Canon. The bishop shall give the judgment in writing to both the incumbent and the petitioner."]
- Subjects
- Anglican Church of Canada. General Synod. Constitution. Canon XXI
- Lord's Supper - Admission to - Anglican Church of Canada
- Marriage - Religious aspects - Anglican Church of Canada
- Remarriage - Religious aspects - Anglican Church of Canada
- Divorce - Religious aspects - Anglican Church of Canada
Amendment to Canon XXI - On Marriage in the Church - Impediments of Relationship - Second Reading
http://archives.anglican.ca/en/permalink/official8973
- Date
- 2004 May 28 - June 4
- Source
- General Synod. Minutes
- Record Type
- Act 71
- Seconder
- Bishop Barry Hollowell
- Text
- That second reading be given to the resolution
- That Canon XXI be amended:
- (1) by striking out section 3 of Part I and substituting therefor the following:
- 3. Impediments of Relationship
- a) Notwithstanding the Table of Kindred and Affinity contained in the Book of common Prayer (1962), when making the inquiries directed in section 2 the minister shall, with respect to impediments of relationship, be guided by the "Marriage (Prohibited Degrees) Act", as it was in force on June 1, 2004, which prohibits marriages between persons who are related
- i) lineally by consanguinity or adoption ,
- ii) as brother and sister by consanguinity, whether by the whole blood or the half-blood, or
- iii) as brother and sister by adoption.
- b) In addition to marriages prohibited by law, no person may marry another person if they both live, or have previously lived, in the same household and one of them is or has been treated by the other as a child or parent.
- (2) by striking out clause 17 a) ii) of Part III and substituting therefor the following:
- ii) they are related to each other
- i) lineally by consanguinity or adoption,
- iii) as brother and sister by adoption;
- (3) by renumbering clause 17 a) iii) of Part III to be clause 17 a) iv) and by inserting a new clause 17 a) iii) as follows:
- iii) they both live, or have previously lived, in the same household and one of them is or has been treated by the other as a child or parent; or
- CARRIED IN ALL ORDERS Act 71
- Subjects
- Anglican Church of Canada. General Synod. Constitution. Canon XXI
- Marriage (Canon law) - Anglican Church of Canada
- Marriage - Religious aspects - Anglican Church of Canada
- Consanguinity (Canon law) - Anglican Church of Canada
- Marriage law - Canada
- Stepchildren - Religious aspects - Anglican Church of Canada
Amendment to Canon XXI - On Marriage in the Church - Place of Marriage
http://archives.anglican.ca/en/permalink/official7988
- Date
- 2001 July 4-11
- Source
- General Synod. Minutes
- Record Type
- Act 19
- Seconder
- Bishop Barry Hollowell
- Text
- That first reading be given to the resolution
- That Section 12 in Part II of Canon XXI be repealed and the following substituted therefor:
- 12. Place of Marriage
- a) Marriage is a public act and shall be solemnized in the face of the community and of the friends and neighbours of the couple.
- b) Every marriage shall be solemnized in the presence of at least two witnesses in addition to the officiating minister.
- c) The body of the church is the appropriate place for the solemnization of a marriage but a marriage may be solemnized in another location if the incumbent is satisfied that the solemnity of the occasion will be preserved and that the service will be conducted with dignity in godly and decent order.
- A correction was noted to the printed copy: insert "after consultation with the bishop" after "incumbent" in Section 12 c).
- Amendment
- The mover and seconder agreed to add the words "and public nature" after the word solemnity in Section 12 c).
- The amended resolution was then put and -
- CARRIED IN ALL ORDERS Act 19
- Notes
- The Prolocutor confirmed that the motion had carried and would be referred to diocesan synods for consideration and return to General Synod 2004 for second reading.
- Note: The amended resolution - Amendment to Canon XXI - On Marriage in the Church - Place of Marriage now reads:
- That first reading be given to the resolution
- That Section 12 in Part II of Canon XXI be repealed and the following substituted therefor:
- 12. Place of Marriage
- a) Marriage is a public act and shall be solemnized in the face of the community and of the friends and neighbours of the couple.
- b) Every marriage shall be solemnized in the presence of at least two witnesses in addition to the officiating minister.
- c) The body of the church is the appropriate place for the solemnization of a marriage but a marriage may be solemnized in another location if the incumbent, after consultation with the bishop, is satisfied that the solemnity and public nature of the occasion will be preserved and that the service will be conducted with dignity in godly and decent order.
- Subjects
- Anglican Church of Canada. General Synod. Constitution. Canon XXI
- Marriage (Canon law) - Anglican Church of Canada
- Marriage - Religious aspects - Anglican Church of Canada
- Marriage service - Anglican Church of Canada
- Marriage service - Location
Amendment to Canon XXI - On Marriage in the Church - Place of Marriage - Second Reading
http://archives.anglican.ca/en/permalink/official8915
- Date
- 2004 May 28 - June 4
- Source
- General Synod. Minutes
- Record Type
- Act 18
- Seconder
- Bishop Barry Hollowell
- Text
- That second reading be given to the resolution
- That Section 12 in Part II of Canon XXI be repealed and the following substituted therefor:
- 12. Place of Marriage
- - a) Marriage is a public act and shall be solemnized in the face of the community and of the friends and neighbours of the couple.
- - b) Every marriage shall be solemnized in the presence of at least two witnesses in addition to the officiating minister.
- - c) The body of the church is the appropriate place for the solemnization of a marriage but a marriage may be solemnized in another location if the incumbent, after consultation with the bishop, is satisfied that the solemnity and public nature of the occasion will be preserved and that the service will be conducted with dignity in godly and decent order. CARRIED IN ALL ORDERS Act 18
- Subjects
- Anglican Church of Canada. General Synod. Constitution. Canon XXI
- Marriage (Canon law) - Anglican Church of Canada
- Marriage - Religious aspects - Anglican Church of Canada
- Marriage service - Anglican Church of Canada
- Marriage service - Location