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

      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

where from 1967 the Manual also reads [though never properly authorized]

and only with the Manual 1995 and following was there authorization for presbytery and conference to assess expenses [rop 1994 pp101-102, 295 appended]

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:

     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

     Section 110 to read as follows:

     Section 117 (a) xi to begin,

     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:

     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:

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:

573

     Section 231 to read as follows:

     "The duties of the Department shall be:

     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:

     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:

452

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:

     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.

453

     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:

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:

     It is further recommended that a sub-section (d) be added:

     A Deaconess whose name is on the roll of a Presbytery:

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:

543

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

126-176 THE PRESBYTERY

176-200 THE CONFERENCE

THE GENERAL COUNCIL

226-250 THE STANDING COMMITTEES OF THE GENERAL COUNCIL

251-325 THE PASTORAL RELATIONSHIP

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

549

401-585 DIVISION OF FINANCE

586-600 BOARD OF COLLEGES AND SECONDARY SCHOOLS

601-620 BOARD OF HOME MISSIONS (353-61)

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

COURSES OF STUDY

776- RECORDS OF CHURCH COURTS AND DUTIES OF SECRETARIES (522-4)

APPENDICES

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

2. Section 205 (b) � re Missionary and Maintenance Committee

3. Sections 212 and 281 re World Mission Committee

4. Section 228 � Duties and Powers of Conference

     Section 245 � re Powers of the Executive of the Conference

     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

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:

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

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.

295

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:

101

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

102

___________