The province passed legislation twenty years after union of the Evangelical United Brethren with the United Church of Canada effecting
All real and personal property within the Province of Ontario belonging to or held in trust for or for the use of The Canada Conference The Evangelical United Brethren Church or any congregation, corporation, board, committee or other body, whether incorporated or unincorporated, created by or under the government or control of, or in connection with, The Canada Conference The Evangelical United Brethren Church is vested in The United Church of Canada;
and the province can do that, but there are some anomalies:
a. while the Act incorporating the Canada Conference Evangelical Church reads similar to The United Church of Canada Act:
7.�(1) The Corporation shall have power to acquire by purchase, lease, gift, devise or bequest any real or personal property or any estate or interest therein, either absolutely or in trust, and to sell, transfer, exchange, mortgage, hypothecate, lease or otherwise dispose of the same or any part thereof, and to give, grant, convey, lease or otherwise alienate any property, real or personal, to any other church or religious body or organization, or to any board, committee, trustees or governing body thereof as it may deem expedient in pursuance of any agreement or understanding with such church or religious body or organization for the purpose of co-operation in the prosecution of religious work. Provided always that no land at any time acquired by the Corporation, and not required for its actual use and occupation, or by way of security for the payment of any loan, debt or guarantee, shall be held by it, or by any trustee on its behalf, for a longer period than ten years after it shall have ceased to be so required, but this proviso shall not be deemed in anywise to vary or otherwise affect any trust relating to such property.
the provisions of the Trusts of Model Deed treat property similar to the provisions of article 5.4, not 5.3, of the Basis of Union, as no consent of any body beyond the congregation is required to sell, exchange, or in any manner encumber congregation property:
6. The Trustees or a majority of them may, but only with the consent in writing of the congregation within the bounds of which the lands are situate (such consent to be under the hand of the presiding officer or secretary or treasurer 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 Canada Conference Evangelical Church to be applied for such purposes for the benefit of the Canada Conference Evangelical Church as the Conference may determine under the by-laws, rules and regulations of the Conference. Every application by Trustees for the consent of a congregation 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 congregation 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 at the instance of not fewer than any five members of the congregation affected thereby. In every case where the consent of such 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 enquire 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 treasurer of the Conference that any such consent has been given shall be sufficient and conclusive evidence of such consent.
b. our minutes read:
year |
page |
subject |
- |
1966 |
rop 49, 52, 54, 58, 71, 557-570 |
property |
union with Evangelical United Brethren Church |
1968 |
yb 28 |
property |
difficulties changing terms of incorporation of Evangelical United Brethren Church so that properties would become the properties of the United Church |
1969 |
yb 3 |
property |
"one congregation of the former Evangelical United Brethren Church was dissenting from the transfer of its property to the United Church" |
1971 |
rop 5 |
property |
"the Sub-Executive established committee to study the holding of church property, in particular the holding of property formerly owned by the Evangelical United Brethren Church" |
and;
c. An Act respecting The United Church of Canada and The Canada Conference The Evangelical United Brethren Church which transferred property to the United Church of Canada reads:
...and whereas The United Church of Canada and The Canada Conference The Evangelical United Brethren Church hereby apply for special legislation to transfer all present and future assets of The Canada Conference The Evangelical United Brethren Church to The United Church of Canada and to dissolve The Canada Conference The Evangelical United Brethren Church;
raising question how, without representative structure for twenty years, The Canada Conference The Evangelical United Brethren Church could later apply?