The precedents for revising the Manual 1967 include
a. rop 1966 only gave authority to revise the Rules of Debate and Order
and to change wording to "eliminate redundancies and clarify meaning,
especially where archaic phrases are used" not to add completely new
clauses [rop 1966 pp72, 542-549 appended]; and
b. rop 1968 indicates the General Council retroactively approved the revised
wording, though
i. the Executive of General Council's authority was limited
by
To do any act or thing of a routine or emergency nature which the General Council has the power to do, except in any case in which the General Council has decided it should not exercise such powers; [cf. Manual 1962 bylaw section 155 (c)]
where the Standing Committee on
the Manual and the Executive of General Council revisions exceeded that
authorized by the General Council;
ii. the section "The New Manual" including
"drafting a number of new sections...
"the duties of Secretaries in
Presbytery and Conference have been recodified...
"terms of reference have been
prepared for a number of Standing Committees...
"the section on Church Discipline
was reviewed very carefully by the Committee, and extensive revisions made...
"the Rules of Order have been
revised and placed in an Appendix
"Sections 40 and 70"
were received for information only
[rop 1968 pp72, 447 appended];
iii. the revised Manual was released April 1967 without
the revisions subsequently received for infomation only [except
the Rules of Debate and Order previously approved rop 1966 pp72, 543-546]
ever being authorized or approved by the General Council, and
iv. several changes of lesser import were referred to the General
Council for approval [cf. changing the word "Committee" to "Committees"
{rop 1968 pp72, 447-450}; appended];
cf. the Manual provides from 1928 to the present
"The Presbytery may elect a Treasurer to receive and disburse any
monies under its control, subject to its instructions." [cf. 1928
#79; 1946 #123; 1951 #123; 1960 #122; 1962 #123; 1964 #123; 1967 #191;
1969 #191; 1982 #191; 1995 #372; 1998 #372; 2001 #372; 2004 #372; 2007
#372];
"The Conference may elect a Treasurer to receive and disburse any
monies under its control, subject to its instructions." [cf. 1928
#95; 1946 #139; 1951 #139; 1960 #139; 1962 #139; 1964 #138; 1967 #242;
1969 #242; 1982 #242; 1995 #436; 1998 #435; 2001 #435; 2004 #435; 2007
#435];
where from 1967 the Manual also reads [though never properly authorized]
"To transmit the assessments to the Pastoral Charges and to collect
their contributions;" [cf. 1967 #202(c), 1969 #202(c); 1982 #199(c);
1995 384(b)iii; 1998 384(b)iii; 2001 384(b)iii; 2004 384(b)iii; 2007 384(b)iii];
"The Finance Committee shall be authorized to allocate annually the
amount required for the next ensuing year to Presbyteries and/or Pastoral
Charges, assigning each a specified allocation." [cf. 1967 #273 Operation
5; 1969 #273 Operation 5; 1982 #273 Operation 5; 1995 #464(j); 1998 #464(j);
2001 #464(j); 2004 #464(j); 2007 #464(j)];
and only with the Manual 1995 and following was there authorization for presbytery and conference to assess expenses [rop 1994 pp101-102, 295 appended]
"The Presbytery shall have the right to assess Pastoral Charges
within its jurisdiction an amount sufficient to meet Presbytery expenses
including the Conference assessment." [cf. 1995 #328; 1998 #328; 2001
#328; 2004 #328; 2007 #328];
"The Conference shall have the right to assess the Presbyteries within
its jurisdiction an amount sufficient to meet Conference expenses."
[cf. 1995 #421; 1998 #420.1; 2001 #420.1; 2004 #420.1; 2007 #420.1];
making these revisions to the Manual 1967, many of which have survived to the present unchanged and over four decades have become constructive to the thought, interpretation, directives, and history of the church in such a way as to be almost inseparable, of questionable status being received for information only.
notes:
rop 1962 pp77, 569-575 [appended], "it was moved, seconded and agreed,
that the proposed revisions to the Manual be referred to the Executive
or Sub-Executive of the General Council with Power to act", though
the proposed revisions pp569-575 do not include the revisions referenced
above;
rop 1964 pp64, 451-453 [appended], "that the Report of the Committee
as a whole as amended be adopted", though several recommendations
including "that the Standing Committee on the Manual be authorized
to consider...re-arrangement...re-numbering...use of a loose-leaf binder"
were received for information only;
rop 1966 pp72, 542-549 [appended], "that the Standing Committee on
the Manual be given authority to re-edit the Manual, making changes to
the wording of the by-laws that will eliminate redundancies and clarify
meaning, especially where archaic phrases are used; and re-organize the
contents of the Manual in more logical sequence and with a block-numbering
of sections";
rop 1968 pp72, 447-450 [appended], "that the report as a whole as
amended be adopted" retroactively approved the revisions, though extensive
changes in "The New Manual" and "Sections 40 and 70"
were received for information only [cf. prior to release of the
Manual April 1967, "that the Executive of General Council approve
the revised wording of the Manual as submitted by the Standing Committee
on the Manual, subject to such editorial changes as may need to be made"
including
The New Manual
"drafting a number of new sections...
"the duties of Secretaries in Presbytery and Conference
have been recodified...
"terms of reference have been prepared for a number of
Standing Committees...
"the section on Church Discipline was reviewed very carefully
by the Committee, and extensive revisions made...
"the Rules of Order have been revised and placed in an
Appendix", and
Sections 40 and 70
"On instruction of the Executive of the General Council,
a draft of a new Section 40 and a revision of Section 70 were prepared
by the Committee"];
year book 1976 pp9, 12, 13 interpreted the Judicial Committee ruling [1977
rop p646] without qualification "no basic changes in the Manual could
be made without action of the General Council".
ROP 1962
77
Committee on the Revision of the Manual
It was moved, seconded and agreed, that the proposed revisions to the Manual be referred to the Executive or Sub-Executive of the General Council, with power to act. (Page 569)
569
STANDING COMMITTEE ON THE MANUAL
(Page 77)
The Standing Committee on the Manual was appointed by the Executive of General Council with the following members: Rev. Ernest E. Long (Chairman), The Very Rev. George Dorey, Rev E. D. Murray, Rev. R. De Witt Scott, Rev. J. A. C. Kell, Rev. V. T. Mooney, Rev. James A. Fraser, Rev. Barry Brooks, Mr. Ralph Mills, Mr. A. T. Whitehead, Mr. F. R. Murgatroyd, Mr. Ivan C. Robison.
1. The Committee agreed that the Constitution of the Lay Employees' Retirement Plan and the Constitution of the Group Insurance Plan should be included in the Manual.
2. A request has been received to include in the form of Call or Invitation to a Minister the date the call is to become effective. The Committee agreed that because the Settlement Committee establishes the effective date, it would be impossible to include it in the Call.
3. There has been general disapproval expressed regarding the use of any term that suggests "hiring a minister".
The Committee recommends that, if possible, the Constitution of the Pension Fund be edited to remove the term "employer" and "employee."
4. At the Fourth General Council (Record of Proceedings, page 54) a remit was submitted to the Presbyteries regarding representation from Overseas Mission Councils to General Council. The remit received the approval of Presbyteries, but had been designated inaccurately.
It agreed that the remit be edited into the Manual by means of a footnote to Section 23, Basis of Union.
5. At the Nineteenth General Council, the Standing Committee on the Manual was authorized to undertake a major revision of the Manual.
It was agreed that the Secretary of General Council and Dr. Dorey be appointed a committee to plan the format for a major revision of the Manual. It was suggested that the Committee, through the pages of the Observer, request suggestions concerning possible changes in the Manual.
6. It is recommended that the recent amendment to The United Church of Canada Act investment power of The United Church of Canada under direction of the General Council be edited into Section 18 of the Act by the use of an explanatory note.
7. Re Section 111 (a): The Standing Committee on the Manual draws the attention of the Commissioners to the anomaly in dropping a minister's name and pointing out that such persons are still ordained ministers, of whom some permanent record should be kept. The Committee recommends that a Commission be appointed to consider this matter and report to the Twenty-First General Council.
8. The Committee recommends that the following changes in the Manual be approved:
Section 1 (b) to read: "The local church or congregation shall mean a body of persons meeting for public worship in one place and recognized by Presbytery".
Section 11 (b) to read as follows: "All ordinands and other ministers received into The United Church of Canada shall be advised of the necessity of their participating in the Pension Fund of the Church and the United Church Group Insurance Plan. The Department of Pensions shall be notified by the Secretary of the Presbytery of the name and address of each new candidate
570
and minister to be received into The United Church of Canada so that the necessary literature and instructions may be forwarded to them."
Section 11 (s) to read: "The moving expenses of all candidates assigned to the Conference under the provision of Section 11 (c), which includes the travel expenses . . . will be provided on the following basis .. ."
Section 24�the last sentence to read, "It shall also appoint a Secretary who shall hold office until the next annual congregational meeting."
Section 30�the first sentence to begin, "Before proceeding to purchase or to lease real property, or to erect or enlarge . . ."
Section 35 (e)�the last sentence to begin, "The Settlement Committee or its Executive may also consider a call or invitation extended to a Minister of a church having membership in any of the Ecumenical Bodies named in Section 14 (a) as a "call pending" . . .
Section 46�the last paragraph beginning, "The Presbytery or its commission shall visit the manse . . ." to be removed.
Section 73�the first sentence to read, "While transfers shall ordinarily be made effective on the day following the last Sunday in June, the Committee shall have . . ."
Section 104�a new subsection (c) to be added to read: "Provision shall be made for a vacation of at least one month within each Conference year."�and the following sub-sections to be re-lettered accordingly.
Section 107�the second sentence to read, "The Chairman shall preside at meetings, announce decisions, attend to the usual duties of the Chairman, and shall vote only in the event of a tie . . ."
Section 109 (b) . . . to be amended as follows:
Section 109 (b) . . . to be amended as follows:
"(b) To secure contributions for the Missionary and Maintenance Fund which shall, if possible, be at least the amount suggested by the Presbytery (See Section 212 (c) :
(c) To appoint a carefully selected Missionary and Maintenance Committee representative of all co-operating organizations including at least two representatives of The United Church Women and a representative of the Christian Education Committee (see Section 375 (a) ix) which shall:
(i) meet at least quarterly.
(ii) promote a better understanding of the general work of the church.
(iii) encourage systematic missionary education and the practice of Christian stewardship in each congregation, Sunday School, Young People's Union and other organizations.
(iv) organize an annual every-person visitation for the Missionary and Maintenance Fund.
(v) encourage the use of the Duplex envelopes for proportionate and systematic giving by every member and adherent.
Wherever possible the every-person visitation should be in co-operation with the Committee of Stewards. (See Section 103.) The Missionary and Maintenance Committee of the Official Board shall co-operate with the Finance Committee appointed by The United Church Women of the Congregation."
Corresponding changes are also suggested for the revision of the Manual provision for the Christian Education Committee in the Local Church as follows:
571
Section 375�Membership
(a) viii. A Missionary Education Co-ordinator who shall:
�represent the Christian Education Committee on the Missionary and Maintenance Committee.
�assist the leaders of the Sunday Church School and all Christian Education groups to get the help and resource materials they need to carry through effective missionary education.
�In co-operation with the Missionary and Maintenance Committee and the Christian Education Committee, give leadership in co-ordinating the total Missionary education program in the congregation.
Section 110 to read as follows:
"(a) The Minister in charge shall preside at all meetings of the Official Board . . . The duty of the Chairman shall be to preside, preserve order, take the vote, and announce the decision of the Board. The Chairman shall vote only in the event of a tie. Any Minister who cannot attend . . . may appoint . . . any member of the Official Board.
(b) Should the Pastoral Charge be vacant or the Minister be under suspension, the Presbytery . . . shall appoint a temporary Chairman.
(c) When there is a view of a vacancy and the Official Board is considering the same, the Chairman of the Presbytery Committee of Pastoral Relations or his appointee shall preside at each meeting."
Section 117 (a) xi to begin,
"Before sanctioning the formation of a Pastoral Charge, Local Church, Home Mission Field, or a Church Sunday School, or . . ."
Section 125�The second paragraph of Section 125 to read as two paragraphs, the first one dealing with the Chairman of the Missionary and Maintenance Committee and concluding as follows:
"To hold office until a successor is appointed. When the Chairmanship of the Committee becomes vacant the Presbytery or its Executive shall immediately fill the vacancy."
The second one outlining the representation of The United Church Women to read as follows:
"Three representatives of the Presbyterial United Church Women shall be additional members of the Missionary and Maintenance Committee, three of the Christian Education Committee, one of the Home Missions Committee, one of the World Mission Committee, one of the Evangelism and Social Service Committee, and three persons shall be appointed by the Presbytery to serve on the Finance Committee of the Presbyterial United Church Women."
Section 143�A similar revision is necessary for representation of the Conference United Church Women. It is recommended that the second paragraph of Section 143 read as follows:
"Three representatives of The United Church Women shall be additional members of the Missionary and Maintenance Committee, three of the Christian Education Committee, one of the Home Missions Committee, one of the World Mission, one of Evangelism and Social Service and three persons shall be appointed by the Conference to serve on the Finance Committee of the Conference United Church Women.
It is recommended that the Chairman of this Committee be continued in office for at least two or three years."
572
Section 148�To determine from time to time the percent of the invested assets of The United Church of Canada which shall be invested in common stocks.
�The present sub-sections (p) and (q) to become (q) and (r).
Section 189�Before any person or persons organize for the purpose of establishing an Extension Council, Camping Group, House Lodge, Lay Centre or any other organization which incurs liability for indebtedness or engages in activities which are capable of incurring public liability in connection with The United Church of Canada or any Organization, Board, Committee or Court incorporated or unincorporated created by or under the government or control of or in connection with The United Church of Canada, consent of The United Church of Canada shall be first obtained. Consent shall only be given provided the applicants become incorporated and have complied with the regulations determined from time to time by The United Church of Canada.
It is further recommended that the following regulations be included in the Manual as Appendix 7.
Schedule "D"
Re Extension Councils and Camps
(1) Applicants should submit to the Secretary of General Council an application for incorporation on forms obtained from the Provincial Secretary, and a draft of the proposed by-laws. (A draft of suggested by-laws may be obtained from the Secretary of General Council of either a Council or Camp. Most of the Provinces provide for incorporation of charitable organizations for a nominal fee.)
(2) A majority of the directors to be elected by the members of the corporate body shall be members of the United Church and approved by the Conference within the bounds of which it will function, after consultation with the Presbytery or Presbyteries within the bounds of such Conference.
(3) A Camp may only be operated or leased by the corporation to any other person or organization provided provision is made for fire and comprehensive liability insurance for injury. Provided a report of insurance shall be made yearly to the Secretary of Conference, the Secretary of General Council and the Board of Christian Education.
(4) The applicants should submit to the United Church an undertaking to enact a by-law immediately after incorporation providing as follows:
(i) That at least a majority of the directors shall be members of The United Church of Canada and shall be recommended by the Conference or Conferences within the bounds of which such organization will function, after consultation with the Presbytery or Presbyteries affected;
(ii) That at no time shall the total indebtedness of the Council exceed the sum of $50,000; (for a Camp, $10,000.00) ;
(iii) That sale, leasing or mortgaging of property shall be approved by Conference or its executive and by The United Church of Canada;
(iv) That in event of the Council (or Camp) ceasing to function, its property shall become vested in The United Church of Canada to be held upon such trusts as Conference may determine;
(v) An annual report and audited statement shall be submitted to the Conference and the Secretary of the General Council. (In respect of Camps, also to the Board of Christian Education).
573
(vi) That before any salary can be paid or agreed to be paid in respect of such Council (or Camp) other than for domestic help or maintenance service, the same shall be approved by Conference or its executive;
(vii) The provisions of each of the items under (4) including (vii) herein may only be changed or modified by a vote of two-thirds of the members of the Council, and clause (4) (ii) and (iii) only with the consent of the United Church.
Section 231 to read as follows:
"The duties of the Department shall be:
(a) To administer the Pension Fund;
(b) To administer the Lay Employees' Retirement
Plan;
(c) To administer the Group Insurance Plan;
d) To administer the special sum provided
by the Church each year to relieve distress or emergency amongst regular
claimants on the Pension Fund.
The Department shall report annually to the Board and to the Actuarial Advisory Committee. It shall report at other times as required by the Executive of the Board or to the Actuarial Advisory Committee."
9. In consultation with the Committee on Archives, the Committee recommends that the sections dealing with the Committee on Archives be revised as follows:
359. The name of the Committee shall be "The Committee on Archives of The United Church of Canada." The Committee shall be composed of,�
(a) The Chairman, the Vice-Chairman, and fifteen other members appointed by the General Council.
(b) The Archivist-Historian, who shall be the Secretary of the Committee and shall be appointed by the Committee on Archives after consultation with Victoria University, the said appointment to be ratified by the General Council or its Executive.
The Committee shall meet at the call of the Chairman at least once a year.
The Committee may appoint an Executive which shall have power to perform such duties as may be assigned to it by the Committee.
The duties of the Committee shall be:
(a) To maintain and administer, in co-operation with Victoria University, a Central Archives, which shall be the official repository for archival material relating to The United Church of Canada as a whole, for the records of the General Council and its Boards, Departments, Committees and Commissions, and for those Conferences which decide to deposit their Archives there.
(b) To impress on ministers and office-bearers the importance of recording fully and accurately in registers and minute-books the events. proceedings and decisions of congregations and their organizations, and the courts, boards, departments and committees of the Church.
(c) To impress upon the Church the importance of proper provision for the preservation of all record-books. including both those in current use and those containing the records of past years.
(d) To create and maintain, in co-operation with the Conference Archives, a master-index of all the material in the Archives of the Church.
(e) To assist and advise the Conference Archivists and Committees on Archives in the operation of Conference Archives.
(f) To stimulate interest in the history of the Church, to assist students in theological colleges and universities in historical research, and to make accessible to official church bodies and, at the, discretion of the Archivist-Historian, to
574
Individuals, information necessary for the preparation of historical studies relating to the Church.
(g) To promote a knowledge of, and interest in, the history of the Church by publishing or assisting in the publication of historical studies and other literature pertaining thereto.
360. Each Conference shall appoint annually a Committee on Archives consisting of a Chairman, who may be the Archivist, and four other members.
It shall be the duty of a Conference Committee�
(a) To have the oversight of the Conference Archives in co-operation with the Committee on Archives of The United Church of Canada, and to arrange for their preservation in a suitable place, preferably at a theological college or church affiliated university or school, or at the Central Archives.
(b) To appoint an Archivist who shall be a member of the Committee and who shall have responsibility, under the direction of the Committee, for sorting and cataloguing the material in the Conference Archives, for making the material accessible to persons qualified to conduct historical research and for providing information from the records for church bodies and individuals.
(c) To arrange for the gathering of archival material into the Archives of the Church both directly from church bodies and individuals and through the Committees on Archives of the Presbyteries within the Conference.
(d) To co-operate with the Committee on Archives of The United Church of Canada in the creation and maintenance of a master-index of the Archives of the Church.
(e) To promote interest in the history of churches within the Conference, and to encourage and assist in historical research.
361. Each Presbytery shall appoint annually a Committee on Archives.
It shall be the duty of a Presbytery Committee�
(a) To promote a concern throughout the Presbytery for the making of full and accurate records, for the security of these while in current use, and for their transfer to the Archives of the Church when they are no longer current.
(b) To gather and forward to the Central or Conference Archives, either directly or through the Conference Committee, records and other historical materials from congregations and individuals. The Presbytery shall not attempt to maintain an archival collection of its own.
(c) To forward to the Conference Archives, either directly or through the Conference Committee, the records of congregations within the bounds of the Presbytery which cease to exist as organized bodies.
(d) To take steps, if necessary, with the co-operation of local congregations or the Committees on Archives of the Conference or The United Church of Canada, to maintain and preserve properties such as church edifices and cemeteries which may have value as historic sites.
(e) To stimulate interest among the churches of the Presbytery in the preparation of congregational histories, and especially to enlist the interest of new congregations in drawing up an accurate account of their origins as well as maintaining a complete record of all aspects and departments of their life and work in registers and minute-books.
117(a)xii. The Duties of Presbytery. The section dealing with the duties of Presbytery in relation to archival material was revised to read as follows:
117(a)xii. "When the congregation ceases to exist as an organized body, Presbytery shall take possession of its records and arrange through its Committee on Archives to forward them to the Conference Archives."
575
519. Appendix 4. It is recommended that the Duties of Church Courts and the Duties of Secretaries be revised to read as follows:
519 (a). "Inasmuch as the records of Sessions, Official Boards, Congregations, Boards of Trustees, Presbyteries and Conferences have an historical and legal value that necessitates their being correctly kept and carefully preserved, the General Council urges all these bodies, and especially their secretaries, to use the utmost diligence to secure the accuracy and the safety of their records. Since church records belong to the church, ministers, officials or other individuals may not alienate them or in any way assume personal control of them."
It was agreed that the archival use of the minute book of the Session and the Official Board be revised to read as follows:
521(u). "The record books of congregations and other organizations, and of the Courts, Boards, Departments, Sessions and Committees of the Church, when no longer regularly needed, along with correspondence and other documents of historical value, should be deposited in the Central or the Conference Archives either directly or through the Committee on Archives of the Presbytery or Conference."
ERNEST E. LONG, BARRY
L. BROOKS,
Chairman.
Secretary.
ROP 1964
64
Committee on the Manual
The Secretary presented the Report of the Standing Committee on the Manual. (page 451).
It was moved, seconded and agreed, that Recommendations I and II be adopted.
It was moved and seconded that Recommendation III be adopted.
It was moved and seconded in amendment that the words "by reason of following a divisive course" be deleted, and that the words "peace and welfare" replace the words "unity and peace".
The amendment was adopted. The Recommendation as amended was adopted. It was moved, seconded and agreed, that Recommendations IV to VIII be received for information.
It was moved, seconded and agreed, that the Report of the Committee as a whole as amended be adopted.
451
The Manual
(Page 64)
The Standing Committee on the Manual was appointed by the Executive of the General Council with the following members: Rev. Ernest E. Long (Chairman), Very Rev. George Dorey, Rev. G. M. Morrison, Rev. C. Dwight Powell, Rev. K. J. Crawford, Rev. E. D. Murray, Rev. R. de Witt Scott, Rev. J. A. C. Kell, Rev. James A. Fraser, Rev. Barry 1. Brooks, Mr. Ralph Mills, Mr. A. T. Whitehead, Mr. F. R. Murgatroyd.
I. Remit re Deaconesses
The Twentieth General Council authorized a Remit to be sent to the Presbyteries. The Remit provides for the membership of Deaconesses in Sessions, Presbyteries and Conferences. The Committee therefore recommends:
1. That, should the General Council adopt the Remit re Deaconesses, it direct the Standing Committee on the Manual to review the necessary changes in the Manual required by the adoption of the Remit regarding Deaconesses for recommendation to the Executive or Sub-Executive of General Council which shall have power to issue.
2. That a sub-section (iii) be added to Section 132 (k), "Deaconesses, not being ordained ministers, shall be eligible for election only as non-ministerial commissioners".
II. Marriage Guidance Council
The Marriage Guidance Council was reviewed and provision for it strengthened by the Twentieth General Council. The Council presented its Constitution to the Executive of General Council which referred it to the Standing Committee on the Manual for consideration of its possible inclusion in the Manual. The Committee recommends as follows:
1. That Section 193(e) be deleted due to the action of the 1948 General Council, and that in its place the following be included:
To have administrative responsibility for the Marriage Guidance Council whose purpose shall be (a) To help ministers through seminars, training institutes and literature to become more effective in their pastoral function relating to marriage; (b) To adopt programs in these fields and co-operate with other denominations and agencies with which our Church can work effectively; (c) To provide literature that may help in preparation for marriage and family life and in marriage counselling; (d) To carry out other specified tasks such as may be assigned to it or provided by the General Council or the Board of Christian Education of The United Church of Canada.
2. That the Constitution of the Marriage Guidance Council be not included in the Manual.
III. Re Section 117(p) (ii)
The Twentieth General Council referred to the Executive of General Council a recommendation that Section 117(p) (ii) of the Manual be revised. This matter was referred by the Executive to the Standing Committee on the Manual for study and recommendation.
The Committee recommends that Section 117(p)(ii) he amended to read as follows:
When any objection is raised concerning the efficiency of a Minister, or that he fails to maintain, according to his power, the peace and welfare of the Church, or when a Minister refuses to recognize the authority of Presbytery, the Presbytery may conduct an enquiry and may declare the Pastoral Charge to be vacant, or take such other action as will promote the welfare
452
of the Church. When the work of a Minister discloses marked and continuous inefficiency, the Presbytery may recommend to the Conference that he be not appointed to a Pastoral Charge; or Conference may take such action on its own initiative, after giving the Minister concerned a year's notice of such action. The powers herein shall not be deemed to exhaust the powers of Presbytery as set out in 117(a) of the Manual.
IV. Re Section 30
The Twentieth General Council requested the Standing Committee on the Manual to study Section 30, with the object of establishing a set of guiding principles upon which the approval of building sites, plans and financial proposals of congregations might be based and report to the Executive or Sub-Executive of General Council.
The Committee recommends that this matter be referred to the Executive of the National Committee on Church Extension and the Committee on Church Architecture for their study and recommendation to the Executive or Sub-Executive of General Council.
V. Re Section 19
1. The Manual omits any direction concerning the procedures to be followed (a) when a congregation ceases to exist and (b) by congregations of The United Church of Canada in forming a local union.
The Committee recommends that the following be included in the Manual as Appendix Seven, with the necessary re-numbering of other Appendices:
The Procedure to be Followed by a Congregation of The United
Church of Canada should it Cease to Exist
Under Section 9 of the Trusts of Model Deed, Schedule "B" to The United Church of Canada Act, 14-15 George V. Statutes of Canada, Chap. 100, the property real and personal of a Congregation which ceases to exist is held by the Trustees for The United Church of Canada, upon such trusts as Conference may determine. The Presbytery has power to elect a Board of Trustees or fill vacancies.
A Congregation before it ceases to exist may direct the Trustees to sell its property real and personal subject to the consent of Presbytery. It may recommend that the proceeds of sale be applied by The United Church of Canada to whom the same is payable after payment of debts as the congregation may deem expedient. Final determination of application of proceeds of sale rests with Conference.
The Procedure to be Followed by Congregations of The United Church
of Canada in Forming a Local Union
I. Each of the uniting Congregations should:
(1) hold a separate meeting upon notice from the pulpit at each diet of worship on the two Sundays next preceding the meeting;
(2) pass a resolution by a majority of the members present agreeing to unite and directing the Trustees to convey its property real and personal to the Trustees of the Congregation to be formed;
(3) apply to Presbytery for approval.
II. The uniting Congregations, having previously agreed to unite, should then meet together and should elect Trustees, not less than three or more than fifteen.
III. The Trustees of each uniting Congregation should then convey the real property held by them to the Trustees of the newly formed Congregation. Each deed should be executed by the Trustees and attested by the Chair-
453
man of the meeting at which the resolution authorizing the transfer was passed.
IV. Sections 10 and 12 of The Religious Institutions Act, Ontario, makes full provision for union of Congregations. It is necessary that inquiry be made as to similar enactments in other provinces.
2. The Committee recommends that following Section 19 there be included "(For procedure in the case of the union of established Congregations, see Appendix Seven.)"
VI. Re Sections 81, 82
The Newfoundland House of Assembly passed a Bill in 1961 to amend The United Church of Canada Act concerning the sale of property in Newfoundland. The amendment to the Act has received the concurrence of the Newfoundland Conference.
On motion, it was agreed to recommended the removal of Sections 81(b) and 82(g) and the brackets in 82(b)(5) and (e) and the two references to Newfoundland in the forms on page 351. (The Manual, 1962.)
VII. Re Section 556
This Section dealing with the degrees of Ministers to be recognized by Presbyteries and Conferences, is implemented by the Board of Colleges and Secondary Schools.
It is therefore recommended that Section 656 be deleted and that to Section 200 outlining the duties of the Board of Colleges and Secondary Schools there be added the following:
(m) The Board of Colleges shall advise Presbyteries concerning the validity and use of the degrees of Ministers to be recognized by Presbyteries and Conferences other than those granted by Colleges of The United Church of Canada.
VIII. Future Revision of the Manual
The Committee has discussed a major change in the arrangement and format of the Manual and recommends that the Standing Committee on the Manual be authorized to consider, among others, the following suggestions:
(a) The re-arrangement of the by-laws of the Manual so that related subject matter would be brought together;
(b) The re-numbering of the Sections of the Manual with fifty or one hundred numbers assigned to each major division, so that subsequent amendments would not involve re-numbering all subsequent Sections.
(c) The use of a loose-leaf binder, with revisions printed on additional pages together with a new index. The pages of revisions would be supplied to all Ministers of the Church after every General Council, with the expectation that a completely new Manual would have to be published every ten years. The additional pages might be in a distinctive colour so that recent amendments to the Manual could receive attention and rules of debate as they apply to Church Courts.
ERNEST E. LONG, BARRY
L. BROOKS,
Chairman.
Secretary.
ROP 1966
72
Manual
The Rev. Ernest E. Long presented the report of the Standing Committee on the Manual. (page 542)
It was agreed that approval be given to recommendations 1, 2, and 3, with minor amendments in (d) and (e) of recommendation 3.
It was agreed that approval be given to recommendations 4, 5, 6, 7 and the first part of 8.
It was agreed that general approval be given to the suggestions re Appendix Four (with suggestions invited from individuals and Presbyteries, and referred to the Standing Committee on the Manual for implementation), with the addition of a section (d) to (12).
It was agreed that the recommendations re (9) and (10) of Appendix Four be approved.
It was agreed that the report as a whole, as amended, be adopted, (with suggestion of change in recommendation 3 (re 140(f)) to "one" alternate in place of the word "an").
542
THE MANUAL
(page 72)
The Standing Committee on the Manual was appointed by the Executive of General Council with the following members: Rev. Ernest E. Long (Chairman), Rev. Russell A. MacLeod, Rev. James A. Fraser, Rev. J. Newton Reed, Mr. F. R. Murgatroyd, Mr. A. T. Whitehead, Rev. F. R. Flarback, Rev. L. T. C. Harbour, Mrs. J. C Marquis, Mrs. W. B. Doerksen, Mr. R. S. Mills, Rev. J. P. Browne, Rev. V. T. Mooney.
Recommendations
1. Re Membership of Deaconess in Local Congregations:
That Section 3(b) be amended to read:
"The minister or ministers in charge of a congregation or the deaconess or deaconesses appointed to a pastoral charge are not members of such congregations."
It is further recommended that a sub-section (d) be added:
A Deaconess whose name is on the roll of a Presbytery:
(i) who is employed in some department of the Church by the General Council or its Boards, including Boards of Colleges connected with the Church; or
(ii) who is a missionary under the Board of World Mission of The United Church of Canada; or
(iii) who has been regularly retired;
Shall have the right to have her name placed on the roll of a congregation by submitting her request in writing to the Clerk of Session and shall enjoy all the rights and privileges of a member of that congregation. In matters of discipline, she is under the oversight and jurisdiction of Presbytery.
2. Re Appendix S, Scale of Minimum Furnishings and Equipment for Manses. At the suggestion of the Regina Presbytery, it is recommended that the words "power washing machine" be removed from the list of kitchen furnishings, and that to the general list there be added, "power washing equipment; and a garage where necessary."
3. That Section 140 be re-written as follows:
"140 (a) To assist the Standing Committee on Nominations, each Conference, at its first meeting following the meeting of the General Council, shall nominate persons for membership on the Boards of the Church.
(b) Three persons shall be nominated for each of the following Boards; Christian Education, Colleges, and Secondary Schools, -Evangelism and Social Service, Finance, Home Missions, Information and Stewardship, and Publication. One of these three nominees shall be a woman, one shall be a ministerial representative, and one shall be a non-ministerial representative.
(c) Six persons shall be nominated for the Board of World Mission. One-third of these shall be ministerial representatives; and two-thirds non-ministerial, of whom one-half shall be women.
(d) Two persons shall be nominated for the Board of Women. These shall be non-ministerial representatives, and shall include namesof women forwarded by the Conference unitedChurch Women.
(e) Two persons shall be nominated for the Board of Men. These shall be non-ministerial representatives, and shall include namesof men forwarded by the Conference United Church Men.
543
(f) The Conference shall nominate one alternate for each member who is elected, in case a member is unable to attend any meeting of the Board to which he or she is elected.
(g) The election shall be by the General Council.
(h) In the event of the death, resignation, removal from a Conference, or other disability, of a member of a Board of the Church appointed by the General Council on the nomination of the Standing Committee on Nominations, the vacancy may be filled for the unexpired term by the Executive or the Sub-Executive of the General Council, on the nomination of the Conference concerned, or its Executive.
(i) When any Conference fails to nominate the member specified above, the General Council, in accordance with its power to elect, may appoint any Minister or non-ministerial member of the Church from that Conference as the Conference's representative on any Board."
4. It is recommended that Section 400 (c) be amended to read: "Two members nominated by the Board of Women and one nominated by the Board of Men and elected by General Council", and that from Section (h) the last clause be omitted.
5. In Section 509, it is recommended that the last sentence be amended to read, "Service as a Chaplains' assistant in the Armed services of Canada for at least two summers shall be regarded as the equivalent of one summer's service on a Home Mission field.
6. In Section 167, it is recommended that the first sentence be amended to read: "Any member or Minister of the Church who has knowledge or reliable information of an offence by a member, candidate for the ministry, or minister, which is proper ground for discipline, may lay a charge, in writing, before the proper authority."
7. Since., Sections 104 and 298 are almost identical: it is recommended that Section 298 be deleted.
8. Sections 468 to 506 are numbered as part of the by-laws in the Manual
but are also listed as Appendix Two, "Rules of Debate and Order."
Section 468 to 475 refer to General Council
and belong more properly to the section of the Manual dealing with
the General Council. It is recommended that this change be made.
It is further recommended that the Rules
of Debate and Order be included in the following form:
Appendix Four
THE RULES OF DEBATE AND ORDER
(1) Presiding Officer
The function of the Presiding Officer is to preside, with all that that implies. He should not attempt to control the decision of the court, but may express his opinion on any matter before the court. If he wishes to introduce a motion or present a report, he shall ask another member to preside; while out of the chair he is an ordinary member of the Court. He does not assume the chair until the matter is disposed of. As Presiding Officer, he does not vote except in the event of a tie.
(2) Questions of Privilege and Order
(a) A point of order may be raised while a matter is pending or while another member has the floor. When a point of order is raised it must be dealt with by the Presiding Officer without debate. If a member has the floor when
544
a point of order is raised by another member, he must yield the floor until the Presiding Officer has made his ruling.
(b) Any member of the court may appeal from a ruling of the chair, but only at the time when the ruling is made. But where a ruling is a precedent the general question of its correctness may be brought up later when there is no business pending, but cannot then affect the business transacted under the ruling.
(c) When an appeal from a ruling is made, the Presiding Officer should state the point at issue, and may give reasons for his ruling. The Secretary shall then put the question in the following form: "Is the ruling of the Moderator (or President, or Chairman, etc.) sustained?" If the vote is a tie the Presiding Officer is sustained. The Secretary shall declare the result.
(d) A question of privilege may be raised while a matter is pending or while another member has the floor. The Presiding Officer shall immediately deal with such question of privilege and pending such disposition the member who had the floor when the question of privilege was raised shall yield the same.
(3) Orders of the Day
(a) Where an agenda has been adopted, which does not specify the time for its items, such items are considered without time limit, unless the Court decides otherwise by a two-thirds majority of those voting.
(b) Where an agenda has been adopted which specifies the time for particular items, such time shall be strictly adhered to unless the Court decides otherwise by a two-thirds majority of those voting. A call for orders requires no seconder.
(4) Order of Priority on Motions
(a) To fix the time to adjourn.
(b) To adjourn.
(c) To lay on the table.
(d) To take an immediate vote (two-thirds vote required).
(e) To limit or extend limits of debate (two-thirds vote required).
(f) To postpone definitely.
(g) To commit or refer.
(h) To amend.
(i) To postpone indefinitely.
(j) To deal with main motions.
(5) Procedure on Motions
(a) A member of the court proposes a motion.
(b) It is seconded. If there is no seconder the motion fails.
(c) When duly moved and seconded, the Presiding Officer states the motion and declares it open for discussion. The mover, if he has not already done so, has the right to introduce the discussion.
(d) A motion is out of order when it conflicts with a resolution previously passed at the same session unless it is a motion to reconsider.
(e) Without the permission of the court, no member may speak more than once on any motion or on any amendment thereto.
(f) The mover of a motion has the right of reply before any vote is taken thereon or on any amendment thereto. Even when the court has directed that an immediate vote be taken on a motion, the mover still has the right of reply.
545
(g) When a motion has two or more separate parts, the court may declare that each part be dealt with and voted on separately.
(h) Any motion may be withdrawn but only with the consent of its mover and seconder.
(i) After a motion is under consideration a question of order cannot be raised against it unless the motion is ultra vires.
(6) Procedure on Amendments
(a) Any member except the mover or the seconder of the motion may move a relevant amendment thereto.
(b) An amendment must be seconded, and if there is no seconder, it fails.
(c) An amendment which merely negates the motion before the court is out of order.
(d) There may be an amendment to the amendment provided it has been duly seconded.
(e) There is no limit to the number of amendments, but at any one time there can be before the court only the motion, the amendment, and the amendment to the amendment.
(f) When an amendment is disposed of, other relevant amendments may be proposed.
(g) The discussion is always on the immediately pending question, and it must be voted on first. When a motion, an amendment and an amendment to the amendment are before the court, the two first named are "pending questions" and the last is the "immediately pending" question. When the immediately pending question is disposed of, the one above it then becomes the immediately pending question, until the whole matter is disposed of.
(h) When an amendment carries it is not thereby adopted as the finding of the court, but only changes the proposition under discussion.
(i) When a motion, amendment and amendment to the amendment are before a court, three separate votes including "for" and "against" must be taken. The first determines whether the amendment shall be amended The second determines whether the motion shall be amended, and the third determines whether the motion, in whatever form it is then before the court, shall be adopted or rejected.
(7) Procedure on Voting
(1) A vote is generally taken viva voce or by a show of hands. The Presiding Officer may at his discretion ask for a standing vote. Upon motion duly passed, the vote shall be taken by ballot.
(2) In the event of a tie, the Presiding Officer shall cast the deciding vote.
(3) An affirmative vote on a motion does not validate any motion which is ultra vires of the court, or which contravenes a decision of a higher court.
(8) Procedure on Motion to Reconsider
(a) A motion to reconsider may be made at any time when the floor is vacant; but the actual reconsideration has only the same priority as the motion to be reconsidered.
(b) A motion to reconsider must be moved by a member who voted with the majority. Any member may second.
(c) If a motion to reconsider is dealt with at the same sitting in which the original motion was adopted, it will fail, unless two-thirds of those voting are in favour thereof. If a motion to reconsider is dealt with at a subsequent session of the court, a majority of those voting determines the question.
546
(d) When any motion to reconsider has been duly seconded, all action on the original motion is suspended until the motion to reconsider has been disposed of. No motion to reconsider can be entertained by the court where action has already been taken under the original motion.
(e) A motion cannot be reconsidered twice unless materially changed on the first reconsideration. If a motion to reconsider has been lost, it cannot be repeated.
(f) A motion to reconsider is debatable only when the motion to be reconsidered is debatable. It cannot be amended, postponed indefinitely, or committed.
(9) Motion to Refer
A motion to refer is debatable but only as to the wisdom and manner of the proposed referral. It requires only a majority of those voting.
(10) Motion to Lay on the Table
A motion to lay on the table, when in order, must be put without debate. If the motion is lost, it cannot be repeated or reconsidered. If carried, the motion along with all amendments, is laid on the table. At any time when there is no business before the court it may be taken from the table by motion duly seconded and carried. In such case the question is before the court, in exactly the position it held at the time it was laid on the table. A motion to lay on the table can have no conditions attached to it. If a time is specified it immediately ceases to be a motion to lay on the table and becomes a motion "to postpone definitely" and is debatable.
(11) Motion to Adjourn
A motion to adjourn is not debatable. If, however, any conditions, such as time, or place or reassembling, are attached, the motion to adjourn loses its priority and becomes a main motion. If there is no provision for reassembling, a motion to adjourn becomes debatable.
(12) General
(a) Any Church court, for greater freedom of discussion, may be resolved, on motion duly seconded and carried, into a Committee of the whole. The first act of the Committee of the whole is to appoint a Presiding Officer and Secretary. A separate minute of the proceedings is taken. The ordinary limitations of debate do not prevail in Committee. When the 'Committee rises the original court is automatically reconstituted and the Chairman reports to the court. A Committee of the whole cannot adjourn.
(b) When a member utters language which another member considers offensive, the latter may require that the words be taken down. The speaker is then allowed to proceed. When the speaker yields the floor, the words complained of may be considered and dealt with. Such words may not be privileged.
(c) A member of any court of the Church should at all times therein conduct himself or herself with dignity, fairness and understanding. The prime concern should be the good order and welfare of the Church.
(d) If a motion to take an immediate vote (for which a two-thirds vote is required) is carried, the vote shall be taken immediately. The mover of the main motion, however, shall have the right to reply before the vote is taken. If such a motion fails, debate on the main motion shall continue. A motion to take an immediate vote is not debatable.
547
Questions have arisen recently concerning the legal quorums for meetings of the congregation and its committees or boards, and for the Courts of the Church in cases where these are not now specified in the Manual.
It is recommended that the Standing Committee on the Manual be given power to insert a general rule in the Manual dealing with this matter.
The Twenty-first General Council received suggestions concerning a major revision of the Manual, and if possible its publication in loose-leaf form, with revisions printed on additional pages together with a supplementary index.
The Standing Committee on the Manual has spent considerable time in studying the re-editing of the Manual and a possible new format. The United Church Publishing House has submitted specifications for the proposed loose-leaf book. It would be printed on good paper stock, with a durable plastic binder, the page size being slightly larger than the present Manual. This new Manual would cost from $3.50 to $4.00. It would be kept up-to-date for a ten-year period without additional cost to the purchaser, with the understanding that the General Council provide the cost of printing (estimated at $150.00 every second year) and the Publishing House distribute the additional pages. Further details concerning format, cost and distribution will need to be worked out by the Committee on the Manual and the United Church Publishing House. It is hoped that the new Manual will be available by January, 1967.
Recommendations
It is now recommended:
(a) that the Standing Committee on the Manual be given authority to re-edit the Manual, making changes in wording of the by-laws that will eliminate redundancies and clarify meaning, especially where archaic phrases are used; and re-organize the contents of the Manual in more logical sequence and with a block-numbering of sections. The following is a preliminary draft of such re-arrangement:
THE MANUAL
OF
THE UNITED CHURCH OF CANADA
CONTENTS
PREFACE
(1) Law and By-Laws
(2) Format
(3) Appendices
DECLARATIONS
HISTORICAL STATEMENT
THE BASIS OF UNION
CONSTITUTION AND GOVERNMENT
001-5 DEFINITIONS (1, 2)
006-10 THE CHURCH
011-25 CHURCH MEMBERSHIP (3-9)
026.50 THE MINISTRY (10-14)
548
051-125 THE PASTORAL CHARGE
Procedures (15-28) (116 a xv)
Session (85-99)
Stewards (100-106)
Official Board (107-109)
Trustees and Local Church Property (29, 30, 76-84)
The Christian Education Committee of the Congregation (432-5)
The Sunday Church School (436-8)
Committee of United Church Men (439-41)
The United Church Women of the Congregation (See Sections 442-451)
126-176 THE PRESBYTERY
Meetings (125)
Membership Roll (110-115)
Duties (116) (409) (364-5)
Organization (117-122) (124)
Executive (123)
176-200 THE CONFERENCE
Meetings ("The Conference shall meet every year" plus (131
a))
Membership Roll (130) Duties (131 b-r) (140-5) (408) (362-3) (48-50, 65)
(362-3)
Organization (132) Executive (139) 201-225
THE GENERAL COUNCIL
Meetings ("The regular meeting of the General Council shall be
held every second year" (Basis: Polity V, 23) )
Commissioners (146)
Duties and Powers (147, 188) (66-8) New Section on Standing Committees
Organization (148-151)
Procedures (468-473)
Executive and Sub-Executive (153-4)
Official Seal (152)
226-250 THE STANDING COMMITTEES OF THE GENERAL COUNCIL
Archives (407)
Employed Churchmen (410-411)
Church Architecture (403-6)
Judicial (155-61)
251-325 THE PASTORAL RELATIONSHIP
Basic Principles (31-2)
Procedures within the Pastoral Charge (108 g) (33-8)
Procedures by the Presbytery (116 q) (40-6)
Procedures by the Conference (51-64)
Procedures of the Transfer Committee (69-75, 113)
320-350 CHURCH DISCIPLINE (162-186)
THE ADMINISTRATIVE DIVISIONS AND BOARDS OF THE CHURCH
351-354 General Powers (187, 189, 190)
356-400 DIVISION OF CONGREGATIONAL LIFE AND WORK
Name and Purpose (204.5)
Organization (206-7)
Procedures (208)
Board of Christian Education (191-7)
Board of Evangelism and Social Service (209-14)
Board of Men (376-81)
Board of Women (391-7)
549
401-585 DIVISION OF FINANCE
Unified Plan of Finance (215-8)
Board of Finance (219-25)
Department of the Treasury (226-9)
Department of Missionary and Maintenance (230-4)
Department of Pensions (235-41)
Constitution of the Pension Fund (242-311)
Constitution of the Lay Employees' Retirement
Fund (312-39)
The United Church Group Insurance Plan (340-52)
586-600 BOARD OF COLLEGES AND SECONDARY SCHOOLS
Name and Duties (198-9)
Membership (200)
Inter-Board Committee on Recruiting (199 k)
Central Committee on Applications for Deaconess Order (199 e) (see 424)
Covenant College (201-3)
601-620 BOARD OF HOME MISSIONS (353-61)
National Church Extension Committee
621-640 BOARD OF INFORMATION AND STEWARDSHIP (366-75)
641-660 BOARD OF PUBLICATION (382-90)
661-675 BOARD OF WORLD MISSION (398-402)
676-750 CONSTITUTIONS OF OTHER CHURCH ORGANIZATIONS
Certified Employed Churchmen (412-421)
The Deaconess Order (422-3)
The United Church Women (442-67) 751-775
COURSES OF STUDY
Candidates for the Ministry (507-19)
Deaconesses (521)
Lay Preachers (520)
776- RECORDS OF CHURCH COURTS AND DUTIES OF SECRETARIES (522-4)
APPENDICES
1. The United Church of Canada Act
2. Trusts of Model Deed
3. Rules of Debate and Order
4. Applications for Incorporation: Extension Councils, Institutions, Camps
etc.
5. Procedures Where a Congregation (a) Ceases to Exist (b) Faces a Local
Union
6. Manse Maintenance, etc.
7. Forms
INDEX
(b) That approval be given to the loose-leaf binder for the Manual, the details of format, cost, distribution and up-dating to be worked out with the Publishing House and submitted to the Executive or Sub-Executive of the General Council for final approval.
ERNEST E. LONG, J.
P. BROWNE,
Chairman.
Secretary.
ROP 1968
72
Committee on The Manual
The Secretary of General Council presented
the report of the Committee on the Manual, and moved, which was seconded
and agreed, that the introductory sections "The New Manual" and
"Sections 40 and 70" be received for Information. (page 447)
Dr. Long moved, and it was seconded and agreed,
that recommendations 1 to 9 be adopted.
Dr. Long moved, and the motion was seconded,
that recommendation 10 be adopted.
Rev. Norman J. Whitney moved, in amendment,
that in line 2 there be inserted after the words "vacation of"
the words "at least". The motion as amended was adopted.
Dr. Long moved, and it was seconded and agreed,
that the report as a whole as amended be adopted.
447
THE MANUAL
(page 72)
The Standing Committee on the Manual was appointed by the Executive of the General Council with the following members: Rev. Ernest E. Long (Chairman), Rev. Russell A. MacLeod, Rev. R. W. Henderson, Rev. L. T. C. Harbour, Rev. Frank Harback, Mrs. J. C. Marquis, Mrs. W. B. Doerksen, Rev. James A. Fraser, Rev. J. Newton Reed, Mr. F. R. Murgatroyd, Mr. A. T. Whitehead, Mr. R. S. Mills and the Rev. V. T. Mooney.
The New Manual
Following the instructions of the Twenty-second
General Council, the Standing Committee on the Manual re-edited the book
and prepared to issue it in a loose-leaf form. For this purpose, the Committee
met at frequent intervals between October, 1966, and April 1967. In its
work, the Committee was greatly assisted by Dr. V. T. Mooney, who reviewed
every section of the Manual, and helped in drafting a number of new sections.
In the new Manual, related topics and sections
have been brought together. The duties of Secretaries in Presbytery and
Conference have been re-codified, and terms of reference have been prepared
for a number of Standing Committees. The section on Church Discipline was
reviewed very carefully by the Committee, and extensive revisions made.
The Rules of Order have been revised and placed in an Appendix.
The revised Manual was presented to the Executive
of the General Council at its meeting in February, 1967, and the following
enabling motion was adopted:
1. That the Executive of General Council approve the revised wording
of the Manual as submitted by the Standing Committee on the Manual, subject
to such editorial changes as may need to be made.
2. That the text of The United Church of Canada Act be omitted from the
Manual and that instead there be included the names and designations of
The United Church of Canada Act and also the corresponding Provincial Acts;
and also that the "Appendix on Law" following the Basis of Union
in the present Manual, and Schedule C re Colleges be omitted;
3. That the Secretary of General Council be authorized to proceed with
the publication of the revised Manual in cooperation with the United Church
Publishing House and that arrangements be completed for the periodic updating
of the Manual by the General Council and the United Church Publishing House;
4. That the revised Manual become effective on the day of publication;
5. That a letter be sent to each minister, enclosing an additional copy
for the Pastoral Charge, with details concerning the revised Manual, and
giving the expected date of publication.
The new Manual was published in April, 1967.
Several misprints and errors in words and cross references have been discovered.
A list of these was published in the Newsletter, and will be included in
the pages of revision sent out following the Twenty-third General Council.
Arrangements have been made through the Publishing House to supply the
pages of revisions following each General Council.
Sections 40 and 70
On instruction of the Executive of the General Council, a draft of a new Section 40 and a revision of Section 70 were prepared by the Committee.
448
These were submitted to the Executive of General Council and in an amended form are coming forward as recommendations from the Executive of the General Council.
Recommendations
1. Section 190 (e) � re duties of the Secretary of Presbytery
i. Add � "and lists of Recording Stewards and their addresses".
viii � the list of those returning to the pastorate;
ix � the list of those to be designated as Deaconesses;
x � a report on the oversight of Pastoral Charges, as required by Sections
171 (a) and 228 (a).
2. Section 205 (b) � re Missionary and Maintenance Committee
Line 1 � that the word "Committee" be changed to "Committees".
3. Sections 212 and 281 re World Mission Committee
212 � line 2 � that the word "Convener" be changed to "Interpreter".
281 � par. 1, line 2 � the words "or Interpreters" be added after
"Conveners".
4. Section 228 � Duties and Powers of Conference
That a new sub-section (o) be added to read: "to deal with the
resignation of a Minister or Deaconess received from a Presbytery".
That the present sub-section (o) become sub-section (p).
Section 245 � re Powers of the Executive of the Conference
That a new sub-section (c) be added to read, "to accepting the
resignation of a Minister".
That the present sub-sections (c) and (d) become (d) and (e).
Section 228 (1) � that this sub-section be amended to read: "To nominate, at its first meeting following the meeting of General Council, for the Executive of the General Council, when the term of a non-ministerial representative is to expire, at least two non-ministerial persons, one of whom shall be a woman; and, when the term of a ministerial representative is to expire, at least two Ministers. These nominations shall be sent to the Secretary of General Council for the consideration of the Standing Committee on Nominations".
5. Section 389 (a) ii � that the words "or simpliciter" be deleted.
6. Section 397 (a) � that the words "in writing" be added after the word "application" in line 3.
7. Section 536 � that the word "objects" in line 6 be changed to "bodies" so that the clause reads "and such other bodies as the General Council or its Executive may authorize".
8. Re The Deaconess Order
Section 854 (b) � that the sub-section be amended to read: "Prior
to an Interview with the Session, the applicant shall procure the necessary
candidate's application and medical forms . . .".
Sections 856-8 � the sections to be amended to read:
856 Appointment
(a) A Deaconess candidate shall be under the authority of the Transfer
Committee and a Conference Settlement Committee regarding her first appointment.
(b) Thereafter, the Pastoral Relationship shall be continued until either the Charge or the Deaconess gives notice in writing of a desire to terminate the employment; this notice to be at least two months prior to the termination.
449
(c) A Deaconess may consult at any time with the Chairman of the Pastoral Relations Committee of Presbytery on matters concerning the relationship with the Charge.
(d) A Deaconess by her own action, and a Pastoral Charge through its constitutional representatives, may, by such a date before the annual meeting of the Settlement Committee as the General Council shall determine, seek a change of Pastoral relation by means of an application through the Presbytery Pastoral Relations Committee to the Settlement Committee. All such applications shall be in writing.
(e) A Deaconess serves the Church in a self-supporting Congregation, or under an administrative Board of the Church, or with an agency in which the United Church is a participating member.
(f) Under special circumstances, a Deaconess may, on recommendation of the Presbytery and with the approval of the Settlement Committee, accept a position with an agency of which the United Church is not a participating member, but such appointment shall be reviewed annually. If approval is not granted, and the Deaconess accepts the appointment, she shall withdraw from the Order.
(g) While a Deaconess is not guaranteed a position, she may, at any time, consult with the Pastoral Relations Committee of the Presbytery, the Settlement Committee, and the Transfer Committee, and may request a list of the available positions to assist her in securing a suitable appointment.
(h) A Deaconess and an employing body shall be free to negotiate. The terms of employment shall be approved by Presbytery.
(i) A Deaconess serving under an administrative Board of the Church shall inform the Presbytery and the Conference if and when she desires to transfer from one position to another under the Board employing her.
867 Procedures by the Presbytery
A Deaconess shall be under the supervision
of the Presbytery.
It shall be the duty of Presbytery:
(a) to receive applications in writing from Deaconesses for a change in Pastoral relations, and to transmit same to the Settlement Committee as far as possible in advance of its Annual Meeting;
(b) to examine invitations extended to Deaconesses by Pastoral Charges and forward same to the Settlement Committee;
(c) to inform the Secretary of the General Council, promptly, of Charges left without, and desiring, a Deaconess within the Presbytery;
(d) to secure from the Pastoral Charge seeking a Deaconess an agreement in writing concerning:
(i) the salary and travel allowances (where necessary), to be not less
than that currently recommended by the Board of Home Missions and approved
by the General Council, and to be paid in monthly installments;
(ii) provision for a six-day week and a vacation of at least one month
in the year;
(iii) the pension fund rates, these to be paid quarterly. A copy of the
agreement shall be transmitted to the Settlement Committee.
NOTE: It is recognized that a Deaconess employed by a Board of the Church, or an agency in which the United Church is a participating member, is subject to the terms of employment of the employing body.
450
868 Procedures by the Conference
To consider communications from Presbyteries, including requests from
Deaconesses for a change in pastoral relations, and invitations extended
to Deaconesses by Pastoral Charges.
Any Pastoral Charge may extend an invitation to any properly qualified
Deaconess, but the right of appointment shall rest with the Settlement
Committee, which shall report to Conference for information only. The Settlement
Committee, in making an appointment, shall comply as far as possible with
the wishes of Deaconesses and Pastoral Charges.
A Deaconess, designated by a Conference, may be suspended or dismissed
only by the action of a Conference on the recommendation of a Presbytery.
9. Appendix 5 � "Procedure to be Followed When a Congregation Ceases to Exist" � that paragraph 2 of Section 2 beginning "A Congregation before it ceases to exist . . ." be deleted, since the procedure is covered in the Trusts of the Model Deed.
10. Appendix 7 � in the "Call or Invitation to a Minister" � amend to read "vacation of at least one month or ... weeks each year".
ERNEST E. LONG, RUSSELL
A. MACLEOD,
Chairman.
Secretary.
ROP 1994
RESOLUTION NO. 28
PRESBYTERY AND CONFERENCE ASSESSMENTS
From: The Manual Committee
Financial Implications:
Sources of Funding:
WHEREAS there is presently no reference in the text of The Manual
to indicate the right of the presbyteries to assess pastoral charges, nor
the Conferences to assess presbyteries;
THEREFORE BE IT RESOLVED that the 35th General Council approve the following
changes in text to reflect the right of presbytery to assess pastoral charges
and Conference to assess presbyteries:
305 (c) xiii The presbytery shall assess pastoral charges an amount sufficient to meet presbytery expenses including the Conference assessment.
[renumber remainder of 305 (c) as appropriate]
402 (s) to assess presbyteries an amount sufficient to meet Conference expenses.
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RESOLUTION 28 � Presbytery and Conference Assessments
Naylor/Stansfield
THAT Resolution #28 be approved."
The Sessional Committee recommended that General Council defeat this resolution.
The Motion (Resolution 28) Defeated
Brown/Coffey
"THAT the 35th General Council approve the following changes in text
in Resolution 28 to reflect the right of Presbytery to assess Pastoral
Charges, and Conference to assess Presbyteries:
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305 (c) xiii to The Presbytery shall HAVE THE RIGHT TO assess the Pastoral
Charges within its bounds an amount sufficient to meet presbytery expenses
including the Conference assessment."
and "THAT the remainder of 305 (c) be renumbered."
"403 The Conference shall HAVE THE RIGHT TO ASSESS the presbyteries
WITHIN ITS BOUNDS an amount sufficient to meet Conference expenses."
The Motion Carried
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