Canon III - The Primacy
https://archives.anglican.ca/link/official1812
- Date
- 1992 June 18-26
- Source
- General Synod. Minutes
- Type
- Act 28
- Mover
- Ven. J. Boyles
- Seconder
- Mrs. L. Janze
- Prologue
- Mr. Brian Burrows, Chair of the Organization Committee's Handbook Task Force, presented the following resolution and outlined the changes.
- Text of motion
- That Canon III - THE PRIMACY be repealed and replaced with the following:
- CANON III - THE PRIMACY
- Part I
- The Primacy
- 1. There shall be a Primate who shall be the presiding bishop of the Anglican Church of Canada.
- 2. The Primate, upon assuming office, shall be the Senior Metropolitan of the Anglican Church of Canada.
- 3. The Primate shall have the title "Archbishop."
- Election to the Primacy
- 4. The Primate shall be elected in accordance with the procedures established in Part II of this Canon.
- Term of Office
- 5. The term of office of the Primate shall commence upon election to the office.
- 6. As soon as practicable following election, but in any case not more than 90 days after the date of election, the Primate shall resign the responsibilities of the episcopal or metropolitical offices held at the time of the election to the Primacy.
- 7. The Primate shall hold office until:
- (a) attaining 70 years of age;
- (b) the effective date of a resignation accepted pursuant to section 17 of this Canon; or
- (c) the adoption of a resolution declaring the Primacy vacant pursuant to section 21 of this Canon.
- Duties of the Primate
- 8. The Primate shall:
- (a) maintain a pastoral relationship to the whole of the Anglican Church of Canada;
- (b) give leadership in developing the policy and strategy of the Anglican Church of Canada;
- (c) speak in the name of the Anglican Church of Canada, after consultation with, or in accordance with the policies set by, the National Executive Council or the General Synod;
- (d) implement the decisions of the General Synod throughout the Anglican Church of Canada;
- (e) function as President of General Synod, Chair of the National Executive Council and Chief Executive Officer of the staff of General Synod; and
- (f) be, ex-officio, a member of all committees, councils, boards and commissions, standing or special, appointed under any provision of the Constitution or any Canon enacted by the General Synod, or under any resolution of the General Synod, or of the National Executive Council.
- 9. The Primate may delegate any of the duties of the Chief Executive Officer of the staff of General Synod to other executive members of that staff.
- 10. The Primate, after consultation with the other metropolitans, may, subject to the provision of financial requirements, appoint a Bishop Ordinary having episcopal jurisdiction over the chaplains of the Anglican Church of Canada on duty with the Canadian Forces.
- The Office of the Primate
- 11. The Primate shall maintain an office at the headquarters of the General Synod of the Anglican Church of Canada.
- 12. The Primate may retain personal assistants after appropriate financial arrangements have been made pursuant to sections 13 and 14 of this Canon.
- 13. The Administration and Finance Committee shall, in accordance with its budgeting procedures, determine the financial needs of the Primacy, including all salaries, office expenses, living allowances, travel expenses, entertainment allowances and other expenses.
- 14. The financial needs of the Primacy shall be met first from the income of any capital fund designated for such purposes and, second, through the General Synod Assessment.
- Acting Primate
- 15. During a vacancy in the Primacy or during the incapacity of the Primate, the Provincial Metropolitan senior by election, able and willing to act, shall have authority to perform all the duties of the Primacy and shall be styled "Acting Primate."
- Resignation from Office
- 16. Prior to the expiration of the term of office the Primate may submit notice of intent to resign the office of Primate to the Provincial Metropolitan senior by election.
- 17. The Provincial Metropolitan senior by election shall consult with the other Provincial Metropolitans, the Prolocutor and the Deputy Prolocutor of the General Synod and the Primate with regard to the proposed resignation of the Primate and the date upon which the resignation shall be effective.
- 18. After the consultation referred to in section 17, the Primate may submit notice of resignation of the office of Primate to the Provincial Metropolitan.
- 19. The Provincial Metropolitan senior by election shall submit the notice of resignation to the National Executive Council and shall report to the National Executive Council the results of the consultation undertaken pursuant to section 17 of this Canon.
- 20. The title of the Primate after resignation or expiration of the term of office, shall continue to be "Archbishop."
- Incapacity of the Primate
- 21. The incapacity of the Primate to carry out the functions of the Primacy for reason of illness or otherwise shall be established:
- (a) by the deed of the Primate to that effect addressed to the Provincial Metropolitan senior by election, or
- (b) by a Certificate of Incapacity addressed to the Provincial Metropolitan senior by election, and signed by four Diocesan Bishops of the Anglican Church of Canada and one of:
- (i) the Provincial Metropolitans
- (ii) the Chancellor of the General Synod, or
- (iii) the Prolocutor of the General Synod.
- 22. Where the incapacity of the Primate has been established by the deed of the Primate to that effect, the Primate may resume the functions of the Primacy by giving notice of intention to do so to the Acting Primate.
- 23. Where the incapacity of the Primate has been established by a Certificate of Incapacity, the Primate may resume the functions of the Primacy by giving to the Acting Primate:
- (a) notice of intention to do so, and
- (b) a certificate establishing the capacity of the Primate to resume the functions of the Primacy, signed by the persons who signed the Certificate of Incapacity, or their successors in office, or
- (c) a certified copy of a resolution of the National Executive Council, or of the General Synod, directing that the Primate may resume the functions of the Primacy.
- 24. After the incapacity of the Primate to carry out the functions of the Primacy has been established under section 21 of this Canon, the Primacy may be declared vacant:
- (a) by special resolution of each of the National Executive Council and the Order of Bishops, or
- (b) by special resolution of the General Synod.
- Part II - Election Procedures
- Procedural Guidelines
- 25. The National Executive Council may from time to time establish procedural guidelines for the conduct of the election of a Primate but this Canon shall have precedence over anything contained in the guidelines so established.
- Eligibility
- 26. All bishops of the Anglican Church of Canada who are members of the Order of Bishops of the General Synod in accordance with the Constitution of the General Synod shall be eligible for election to the Primacy.
- Electoral College
- 27. The Primate shall be elected by Electoral College of the General Synod of the Anglican Church of Canada.
- 28. The Electoral College of the General Synod of the Anglican Church of Canada shall consist of the following orders:
- (a) The Order of Bishops
- (b) The Order of Clergy
- (c) The Order of Laity
- 29. All of the members of the General Synod of the Anglican Church of Canada shall be members of the Electoral College of the General Synod of the Anglican Church of Canada.
- Meeting of the Electoral College
- 30. Where a vacancy in the Primacy occurs less than 12 months before a Regular Session of the General Synod, a meeting of the Electoral College shall be held to elect a Primate either during or immediately following such Regular Session at a time and place to be fixed by the Acting Primate.
- 31. Where a vacancy in the Primacy occurs more than 12 months before a Regular Session of the General Synod, unless the National Executive Council otherwise directs, a meeting of the Electoral College shall be held to elect a Primate at a time and place fixed by the Acting Primate in consultation with the National Executive Council.
- Notice of Meeting of the Electoral College
- 32. Where a meeting of the Electoral College is to be held in conjunction with a Regular Session of the General Synod pursuant to section 30 of this Canon, the notice issued pursuant to section 4 of the Constitution of the General Synod shall include notice of the meeting of the Electoral College.
- 33. Where a meeting of the Electoral College is to be held at a time other than the time of a regular session of the General Synod, notice of the time and place of meeting of the Electoral College shall be given by the Acting Primate to all bishops, and clerical and lay members of the Electoral College at least 60 days prior to the day appointed for the holding of such meeting.
- Quorum
- 34. A quorum of the Electoral College shall consist of a majority of the members of each Order, excluding those who do not have a right to vote in the Electoral College.
- President
- 35. The Prolocutor of General Synod or, in the absence of the Prolocutor, the Deputy Prolocutor of the General Synod shall be the President of the Electoral College.
- Celebration of Holy Communion
- 36. On the day appointed for the election, the Electoral College shall convene for a celebration of Holy Communion.
- Report of the Credentials Committee
- 37. Upon conclusion of the celebration of Holy Communion, the Credentials Committee shall report as to the standing of all persons present and as to the presence of a quorum of the Electoral College.
- Nomination in the Order of Bishops
- 38. A quorum of the Electoral College being present, the Order of Bishops shall withdraw and sit apart from the other Orders.
- 39. The Order of Bishops shall submit to the other Orders three or more nominations for the office of Primate.
- Voting in the Orders of Clergy and Laity
- 40. Upon receipt of nominations from the Order of Bishops, the Orders of Clergy and Laity shall proceed immediately to vote by ballot on such nominations.
- 41. Votes shall be taken by Orders and, subject to section 43 of this Canon, shall continue until there is an election.
- 42. If no election results after two votes have been taken, the name of any nominee receiving less than 10 percent of the votes cast in each Order shall be removed from the ballot before the third vote, and, after subsequent votes, if there is no election, the name of any nominee receiving less than 10 percent of the votes cast in each Order shall be removed from the ballot before the next vote, until only two nominees remain.
- Further Nominations
- 43. Either the Order of Clergy or the Order of Laity may, at any time after the second vote is taken, by resolution, request additional nominations from the Order of Bishops.
- 44. Upon receipt of such request, the Order of Bishops shall submit one or more additional nominations.
- Resolutions
- 45. Resolutions shall be presented in writing to the President.
- 46. No debate shall be permitted on any resolution or ballot.
- Election
- 47. An election shall occur when one nominee receives a majority of the votes cast by:
- a) members of the Order of Clergy, and
- b) members of the Order of Laity
- present at the meeting of the Electoral College.
- Notification of the Order of Bishops of an Election
- 48. Upon an election taking place, the Order of Bishops shall be notified and shall return and sit with the Orders of Clergy and Laity.
- Proclamation of Election
- 49. When the Electoral College has reassembled, the Acting Primate shall formally proclaim the person elected to be Primate of the Anglican Church of Canada.
- Amendments
- The mover and seconder agreed that:
- 1. The words "senior by election" be added at the end of section 18;
- 2. the wording in 23a) - "notice of intention to do so, and" - be moved to the end of the first paragraph and "a)" deleted; and b) be changed to a) and c) be changed to b).
- The amended motion was then put and CARRIED Act 28.
- Subjects
- Anglican Church of Canada. General Synod. Constitution. Canon III
- Anglican Church of Canada. Primate
- Anglican Church of Canada. Primate - Election