THAT the following words be added to Section 5 of Canon XX:
`In the event of the said bishop or his successor refusing to terminate such relinquishment and reinstate the priest (or deacon), the said priest (or deacon) may appeal to the Metropolitan of the Province who shall take the necessary Canonical action.
That Canon XVII - Episcopal Jurisdiction Respecting the Clergy - be repealed and replaced with the following:
CANON XVII - THE STRUCTURE OF EPISCOPAL JURISDICTION RESPECTING THE CLERGY AND LICENSING BY BISHOPS
1. In this Canon the term "licence shall mean:
a) a written grant of authority from the bishop of a diocese to a priest or deacon of the diocese permitting the priest or deacon to exercise ordained ministry in the diocese, and
b) a written grant of authority from the Bishop Ordinary to a priest or deacon who is a chaplain holding a commission requiring full-time service in the Canadian Forces permitting the priest or deacon to exercise ordained ministry as a chaplain in the Canadian Forces.
2. Subject to the provisions of this Canon, every priest and deacon of The Anglican Church of Canada shall be subject to the jurisdiction of a diocesan bishop.
3. Each co-adjutor, suffragan, assistant or retired bishop shall be subject to the jurisdiction of the bishop of the diocese in which that bishop resides.
4. Members of the clergy employed at the national office shall be subject to the episcopal jurisdiction of the Primate without prejudice to their synodical status in the diocese from which they are on leave.
5. Bishops, priests or deacons serving outside Canada, under the auspices of The Anglican Church of Canada, shall be subject to the episcopal authority of the diocese in which they serve.
6. A chaplain holding a commission requiring full-time service in the Canadian Forces shall be subject to the episcopal jurisdiction of the Bishop Ordinary to the Canadian Forces.
7. Each diocesan bishop shall keep a register of the bishops, priests and deacons ordained within or for the diocese and those received from other jurisdictions. Such register shall include the following information for each individual:
a) dates and places of ordination as a deacon, priest or bishop and in each case the name of the ordaining bishop or bishops;
b) a record of ecclesiastical appointments;
c) the date of entering the diocese;
d) a notation of any change of canonical status; and
e) a report of any transfer to another ecclesiastical jurisdiction.
8. Names of bishops, priests and deacons who have relinquished or abandoned the exercise of their ministry shall be recorded on a list maintained by the Primate of the Anglican Church of Canada.
9. Subject to section 14, no bishop, priest or deacon shall exercise an ordained ministry without a license from the diocesan bishop issued in accordance with the Canons or other regulations of the province and diocese.
10. A licence may be subject to conditions as to:
a) the parish or other territory in which the ministry may be carried out;
b) its term;
c) the time after which the ministry performed pursuant to it shall be assessed or reviewed;
d) the persons under whose supervision the ministry performed pursuant to it is to be carried out; and
e) any other matter which the bishop may deem appropriate or which the diocesan or provincial canons may require.
11. A licence shall remain in effect during the time that a priest or deacon is on leave from the diocese unless expressly revoked or unless its term expires during the term of the leave.
Licensing by Bishop Ordinary
12. The Bishop Ordinary, on receipt of Letters Testimonial with respect to a bishop, priest or deacon who is a chaplain in the Canadian Forces may issue a license to that bishop, priest or deacon upon the bishop, priest or deacon taking such oaths and subscriptions as the Bishop Ordinary may require, and in accordance with any other procedures the Bishop Ordinary may require.
13. A license issued to a bishop, priest or deacon by the Bishop Ordinary shall permit the bishop, priest, or deacon to exercise ordained ministry to members of the Canadian Forces and their families.
14. A diocesan bishop may give an informal permission to a bishop, priest or deacon not licenced by the diocesan bishop to exercise an ordained ministry within the diocese.
Inhibition of the Unlicenced
15. When a diocesan bishop has reasonable grounds to believe that a bishop, priest or deacon who does not hold a licence or informal permission from the diocesan bishop is officiating or is about to officiate in the diocese contrary to section 9, the diocesan bishop may, by notice in writing such bishop, priest or deacon, inhibit such person from officiating in the diocese.
16. A bishop who issues a notice pursuant to section 15, shall advise all other members of the clergy in the diocese and instruct them not to allow the inhibited bishop, priest or deacon to officiate.
Revocation of Licence
17. A licence may be revoked by the bishop having jurisdiction, for cause, after due inquiry.
Leave of Absence
18. Bishops, priests, and deacons who are engaged in specialized ministries outside the diocese where they are registered, shall be considered to be on leave of absence from that diocese, and subject to the general supervision of the bishop of the diocese in which the specialized ministry is exercised.
Transfers of Episcopal Jurisdiction
19. When a priest or deacon in good standing requests a transfer to another diocese:
a) the bishop of the diocese which the priest or deacon wishes to leave shall forward Letters Bene Decessit to the bishop of the new diocese; and
b) the priest or deacon shall be subject to the episcopal jurisdiction of the aforementioned bishop until the Letters Bene Decessit are accepted and acknowledged by the bishop of the diocese to which the priest or deacon requests to be transferred.
20. When a bishop, priest or deacon undertakes service outside of Canada under the auspices of The Anglican Church of Canada, the Primate and the appropriate diocesan bishop shall give to any such bishop, priest, or deacon letters of commendation or Letters Bene Decessit, as appropriate.
CANON XVII - SCHEDULE A - Letters Testimonial With Respect to A Chaplain in the Canadian Forces
TO: ..., The Bishop Ordinary
I hereby certify that the Reverend..., having with my consent accepted a commission as a chaplain in the Canadian Forces, is a priest in good standing on leave from the Diocese of.. .
I hereby transfer the Reverend. ... to your episcopal jurisdiction.
Signed... Bishop of ...
CANON XVII - SCHEDULE B - Letters Bene Decessit
I hereby certify that ..., who has signified to me a desire to be transferred to the episcopal jurisdiction of the Bishop of the Diocese of ..., is a bishop/priest/deacon in good standing of the Diocese of... .
Witness my Hand and Seal this... day of.. 19.. .
Signed... Bishop of...
CANON XVII - SCHEDULE C - Form of Acceptance of Episcopal Jurisdiction
The Letters Bene Decessit from the Bishop of ... with respect to the transfer to this diocese of.. have been presented to me, and have been accepted.
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
That Canon XXI, para. 2, "Jurisdiction," be amended by adding the following:
"A Chaplain holding a commission requiring full-time service in Her Majesty's Canadian Forces shall be subject to the Episcopal jurisdiction of the Bishop so appointed by the House of Bishops; but at the wish of the Chaplain and/or the Diocese concerned he may retain his membership in the Synod of the Diocese from whence he came."
"I hereby certify that the Rev. A.B., having with my consent accepted a commission as a Chaplain in Her Majesty's Canadian Forces, is in good standing, and I hereby transfer him to your Episcopal jurisdiction during his time of service."
"1. The Bishop on receipt of the above letter shall issue a License on behalf of the House of Bishops authorizing the man concerned to serve as a priest of the Church of England in Canada in Her Majesty's Canadian Forces.
"2. Before receiving such License a Chaplain shall take the usual oaths and subscriptions, and declaration of submission shall be to the Canons of General Synod and to those of the Provincial and Diocesan Synods where he may from time to time be stationed."
The Prolocutor referred this matter to the Lower House which, on motion, voted concurrence.
That first reading be given to the resolution that The Declaration of Principles be amended as follows:
1. by amending section 3 c) to read:
c) The Order of Clergy shall consist of clerical members of The Anglican church of Canada or of a church in full communion with the Anglican Church of Canada elected by the several diocesan synods according to such rules as they may adopt, subject to the provisions of subsection f). In a diocese that has no synodical organization such appointments shall be made by the bishop; and
2. by amending subsection 3 f) vi) to read:
vi) the words "licensed members of the clergy", as used in this section and elsewhere in the Constitution shall mean all clerical members of The Anglican Church of Canada or of a church in full communion with the Anglican Church of Canada holding the license of the bishop of a diocese to perform the functions of the ordained ministry within the diocese, excepting and excluding those who are resident in the diocese but are on leave from another diocese, and those who are in receipt of benefits from the pension funds of the Church (other than for temporary disability) and who are not in charge of a parish or fully engaged in the work of the ordained ministry. CARRIED IN ALL ORDERS Act 72