The church has three types of member congregations
. negotiating churches
. churches, charges, circuits, or congregations received subsequent to
the union
. new property
each with different property provisions.
As it determines what it might become the church requires a clear statement about property to do justice without intimidation.
The United Church of Canada Act provides that property be vested
in [placed in the possession of] The United Church
The United Church of Canada Act
5. Save as hereinafter provided, all property, real and personal, belonging
to or held in trust for or to the use of The Presbyterian Church in Canada,
The Methodist Church and The Congregational Churches ...shall from and
after the coming into force of this Act be vested in The United Church,
to be held, used and administered, subject to the provisions of this Act,
in accordance with the terms and provisions of the Basis of Union.
6. Subject to the provisions of section eight hereof, all property, real
and personal, belonging to or held by or in trust for or to the use of
any congregation of any of the negotiating churches, shall, from and after
the coming into force of this Act be held, used and administered for the
benefit of the same congregation as a part of The United Church in the
manner and upon the trusts and subject to the terms and provisions set
forth in Schedule B to this Act, and all property, real and personal, thereafter
acquired for or belonging to or held by or in trust for or to use of any
congregation of The United Church shall be held, used and administered
for the benefit of the said congregation as a part of The United Church
upon the said trusts and subject to the said terms and provisions.
Basis of Union
5.3 Subject to the provisions of the next succeeding paragraph hereof,
all property, real and personal, under the jurisdiction of the Parliament
of Canada, held in trust for or to the use of a church, charge, circuit,
or congregation of any of the negotiating Churches shall be held by trustees
appointed by or on behalf of such church, charge, circuit, or congregation,
upon trusts set forth and declared in a Model Trust Deed.
5.13 All lands, premises, and property acquired for the use of a local
church or a Pastoral Charge of the United Church shall be held, used, and
administered under the trusts of the above Model Trust Deed.
The United Church of Canada Act excepts properties
The United Church of Canada Act
6. Provided that any property, real or personal, held at the time of
the coming into force of this Act or thereafter acquired by devise, bequest,
transfer or gift, in trust for any special use of any congregation, shall
be held, used and administered in accordance with the special trusts so
declared in respect thereof...
8. Any real or personal property belonging to or held by or in trust for
or to the use of any congregation, whether a congregation of the negotiating
churches or a congregation received into The United Church after the coming
into force of this Act, solely for its own benefit, and in which the denomination
to which such congregation belongs has no right or interest, reversionary
or otherwise, shall not be subject to the provisions of sections five and
six hereof or to the control of The United Church, unless and until any
such congregation at a meeting thereof regularly called for the purpose
shall consent that such provisions shall apply to any such property or
a specified part thereof.
Basis of Union
5.4 Any property or funds owned by a church, charge, circuit, or congregation
at the time of the Union solely for its own benefit, or vested in trustees
for the sole benefit of such church, charge, circuit, or congregation,
and not for the denomination of which the said church, charge, circuit,
or congregation formed a part, shall not be affected by the legislation
giving effect to the Union or by any legislation of the United Church without
the consent of the church, charge, circuit, or congregation for which such
property is held in trust.
5.5 Churches, charges, circuits, or congregations received subsequent to
the Union, into the United Church, with the approval of Presbyteries, shall
be entitled, if they so desire, to the privileges of sections 5.1, 5.2,
and 5.4.
"reversionary" refers only the disposition of property if
the congregation ceases to exist
[cf Manual 266
"... vest a reversionary interest in such property in the denomination,
should the congregation cease to exist"
and
An Act incorporating the Board of
Trustees of the Presbyterian Church in Canada
Assented to 30th April, 1900
"5. All lands and premises which have been or shall hereafter at any
time be held by any trustee or trustees for any congregation which shall
have ceased to exist or has become disorganized shall vest in the said
Board of Trustees..."]
Acts of Parliament relating to the churches which entered union
http://www.axz.ca/acts.htm
The properties of former Methodist Churches were vested in the denomination subject to a "trust".
An Act to enable the Trustees
of the several Congregations, in Ontario, of the Wesleyan Methodist Church
in Canada, in connexion with the English Conference, to place the lands
held by them respectively under the directions and provisions of the "Model
Deed" of the said Church, and for other purposes
Assented to 2nd March, 1872
THE SECOND SCHEDULE.
| COLUMN ONE. | COLUMN TWO. |
| 3. To permit dwelling-houses on said premises to be used by the minister in charge. | 3. And upon further trust, from time to time, and at all times hereafter, to permit and suffer such minister or ministers of the aforesaid Wesleyan Methodist Church in Canada to reside in, use, occupy, and enjoy, free from the payment of any rent for the same, the dwelling-house or dwelling-houses, with the appurtenances, (if any there be) erected thereon for that purpose during such time and times as the said minister or ministers shall and may be duly authorized so to do, by his or their being appointed by the conference of the said Wesleyan Methodist Church in Canada, according to the rules and discipline thereof, to the circuit or station in which the same may be situated, without the let, suit, hindrance, or denial of the said trustees, or of any person or persons on their or any of their behalf ; and it is hereby declared, that the times and manner of the various services and ordinances of religious worship to be observed and performed in the said place of religious worship, shall be regulated according to the rules and general usage of the said Methodist Church ; and that the officiating minister for the time being, whether appointed by the said conference or permitted or appointed by the said superintendent minister for the time being, or otherwise permitted or appointed as in these presents is mentioned, shall have the direction and conducting of the same worship in conformity nevertheless to the said rules and discipline and general usage of the said Methodist Church ; Provided always that no person or persons whomsoever, shall at any time hereafter be permitted to preach or expound God's holy word, or to perform any of the usual acts of religious worship, upon the said parcel or tract of land and hereditaments, nor in the said church or place of religious worship and premises, or any of them, or any part or parts thereof, nor in or upon the appurtenances thereto belonging or any of them, or any part or parts thereof, who shall maintain, promulgate, or teach any doctrine or practice, contrary to what is contained in certain notes on the New Testament, commonly reputed to be the notes of the said John Wesley, and in the first four volumes of sermons commonly reputed to be written and published by him. |
| 4. To permit Sunday schools to be carried on in said church. | 4. And upon further trust, in case a school-room or school-rooms shall be erected or provided upon the said parcel or tract of land, or any part thereof as aforesaid, or if there shall be no separate school-room or school-rooms, and it shall by the trustees for the time being of these presents or the major part of them, be thought necessary or expedient to hold and teach a Sunday or other school or schools, in any proper part of the said Church or place of religious worship, then to permit and suffer a Sunday or other school or schools, to be held, conducted, and carried on from time to time in the said school-room or school-rooms, or if it shall be thought necessary or expedient as aforesaid, in the said church or place of religious worship as aforesaid, but if in the said church or place of religious worship, then only at such hours and times, as shall not interfere with the public worship of Almighty God therein ; and in all cases, whether in the said church or place of religious worship or not, under such government, orders and regulations as the, said conference have directed or appointed, or shall hereafter from time to time direct or appoint ; and also, subject always to the proviso hereinbefore contained respecting doctrines : |
| 14. That the rules, discipline, doctrines, and usages of the Church shall be in force subject to the proviso respecting doctrines herein contained. | 14. And it is hereby declared, that the "Rules and Discipline, and General Usage," of the said Wesleyan Methodist Church in these presents mentioned or referred to, are the Rules and Discipline of the said Church, as printed and published by authority of the said conference in a book entitled, "The Doctrines and Discipline of the Wesleyan Methodist Church in Canada," and the general usage and practice of the societies belonging to said Church, and such rules and regulations as may from time to time be made or adopted by the said conference, and printed and published in their Annual Minutes, in accordance with the provisions contained in the said Book of Discipline, and in the Articles of Settlement and Re-Union thereinbefore mentioned, for altering or amending the same ; but subject at all times to the proviso respecting doctrines in these presents contained : |
An Act reflecting the Union of
certain Methodist Churches therein named
Assented to 19th April, 1884
SCHEDULE B.
| COLUMN ONE. | COLUMN TWO. |
| 3. To permit dwelling house on said premises to be used by the minister in charge. | 3. And upon further trusts from time to time and at all times hereafter, to permit and suffer such minister or ministers of the aforesaid Methodist Church in Canada to reside in, use, occupy and enjoy free from the payment of any rent for the same, the dwelling house or dwelling houses, with the appurtenances (if any there be) erected thereon for that purpose, during such time and times as the said minister or ministers shall and may be duly authorized so to do, by his or their being appointed in accordance with the rules and discipline of the said Methodist Church to the circuit or station in which the same may be situated, without the let, suit, hindrance, or denial of the said trustees, or of any person or persons on their or any of their behalf ; and it is hereby declared, that the times and manner of the various services and ordinances of religious worship to be observed and performed in the said place of religious worship, shall be regulated according to the rules and discipline and general usage of the Methodist Church, and that the officiating minister for the time being, whether appointed by the said conference, or permitted or appointed by the said superintendent minister for the time being, or otherwise permitted or appointed, as in these presents is mentioned, shall have the direction and conducting of the same worship, in conformity, nevertheless, to the said rules and discipline and general usage of the said Methodist Church ; Provided always, that no person or persons whomsoever shall at any time hereafter be permitted to preach or expound God's holy word, or to perform any of the usual acts of religious worship upon the said parcel or tract of land and hereditaments, or in the said church or place of religious worship and premises, or any of them, or any part or parts thereof, or in or upon the appurtenances thereto belonging, or any of them, or any part or parts thereof, who shall maintain, promulgate, or teach any doctrine or practice contrary to what is contained in certain notes on the New Testament, commonly reputed to be the notes of John Wesley, and in the first four volumes of sermons commonly reputed to be written and published by him. |
| 4. To permit Sunday schools to be carried on in said church. | 4. And upon further trust, in case a school room or school rooms shall be erected or provided upon the said parcel or tract of land, or any part thereof, as aforesaid, or if there shall be no separate school room or school rooms, and it shall, by the trustees, or the major part thereof, be thought necessary or expedient to hold and teach a Sunday school in any proper part of the said Church or place of religious worship, then to permit and suffer a Sunday school to be held, conducted and carried on from time to time in said school room, or school rooms, or if it shall be thought necessary or expedient, as aforesaid, in the said church or place of religious worship, as aforesaid, but if in the said church or place of religious worship, then only at such hours and times as shall not interfere with the public worship of Almighty God therein, and in all cases, whether in said church or place of religious worship or not, under such government, orders and regulations as the general conference of the said Methodist Church have directed or appointed, or shall hereafter, from time to time, direct or appoint, and also, subject always to the proviso hereinbefore contained respecting doctrines. |
| 14. That the rules, discipline, doctrines and usages of the Church shall be in force subject to the proviso respecting doctrines herein contained. | 14. And it is hereby declared that the "Rules and Discipline and General Usage" of the said Methodist Church in these presents mentioned or referred to, are the Rules and Discipline of the said Church, as printed and published by authority of the said conference, in a book entitled "Doctrines and Discipline of the Methodist Church," and the general usage and practice of the societies belonging to said church, and such rules and regulations as may, from time to time, be made or adopted by the said general conference, and printed and published in their journals, in accordance with the provisions contained in the said book of discipline, but subject at all times to the proviso respecting doctrines in these presents contained. |
The United Church of Canada Act
"15. Where, prior to the coming into force of this section any
existing trust has been created or declared in any manner whatsoever for
any special purpose or object having regard to the teaching, preaching
or maintenance of any principles, doctrines or religious standards, or
to the support, assistance or maintenance of any congregation or minister
or charity, or to the furtherance of any religious, charitable, educational,
congregational or social purpose, in connection with any of the negotiating
churches, such trust shall continue to exist and to be performed as nearly
as may be for the like purposes or objects in connection with The United
Church as The United Church may determine, and anything done in pursuance
of this Act shall not be deemed to be a breach of any such trust but shall
be deemed to be in compliance therewith and a performance thereof, and
the entry of any congregation into The United Church shall not be deemed
a change of its adherence or principles or doctrines or religious standards
within the meaning of any such trust."
"27. All Acts and portions of Acts of the Parliament of Canada inconsistent
with the provisions of this Act are hereby repealed in so far as may be
necessary to give full effect to this Act."
may replace the "trust" of all property held under the Trusts
of Model Deed with
Manual, Appendix ii
Trusts of Model Deed
"4. And upon further trust, to permit, in conformity with the doctrines,
discipline, by-laws, rules and regulations of The United Church of Canada
and not otherwise..."
"in conformity with ...and not otherwise" is quite different
from "in essential agreement"
The properties of former Presbyterian Churches were specific to the
instruments of each property
An Act respecting the union of certain Presbyterian Churches therein
named
Assented to 21st December, 1874
"6. But all such property, real or personal, as is affected by this
Act, shall in all respects, save as aforesaid, be held and administered,
as nearly as may be, in the same manner and subject to the same conditions
as provided by the Deeds of Trust, Acts of Incorporation, or any other
instruments or authority under which the same is now held or administered."
An Act respecting the Union of certain Presbyterian Churches therein
named
Assented to 18th May, 1861
"...whose property is held under conveyance to the Trustees and their
heirs or to the Trustees and their successors or otherwise ...shall ipso
facto become vested in such newly elected Trustees jointly with the
remaining Trustees, if any; and such Trustees, and their successors, to
be appointed as aforesaid, shall have full power and authority to hold
and administer the trust or corporate property of such congregation"
An Act incorporating the Board of Trustees of the Presbyterian Church
in Canada
Assented to 30th April, 1900
"5. All lands and premises which have been or shall hereafter at any
time be held by any trustee or trustees for any congregation which shall
have ceased to exist or has become disorganized shall vest in the said
Board of Trustees..."
admits property that did not "vest in the said Board of Trustees"
before the congregation ceased to exist
[the continuing Presbyterian Church in Canada indicates property is still
held by congregations and not the denomination]
An Act respecting the Union of
certain Presbyterian Churches therein named
Assented to 18th May, 1861
1. As soon as the said Union takes place, all property, real or personal,
now belonging to, or held in trust for, or to the use of any Congregation
in connection or communion with either of the said existing Churches, may
thenceforth be held, used, and administered for the benefit of the same
Congregation in connection or communion with the united body, under the
name of the Canada Presbyterian Church, or any other name the said Church
may adopt.
2. Provided always, that where the Trust Deed or conveyance under which any property is held by or for the use of, or in trust for any congregation in connection or communion with either of the said existing Churches, sufficiently provides for the case of such a union as that agreed upon as aforesaid, and stipulates for any consent thereto by such congregation or the members or adherents thereof, or any specified proportion of such congregation or the members or adherents thereof, nothing in this Act shall be construed to affect the right of such congregation or the members and adherents thereof, in that behalf.
4. For the relief of certain of the said congregations so in connection or communion with the Churches aforesaid in this Province, whose deeds of trust heretofore executed, or Acts of incorporation heretofore obtained, made no provision for the filling up from time to time of trusteeships vacant by death, removal from the Province, or resignation of trustees, and whose property is held under conveyance to the Trustees and their heirs or to the Trustees and their successors or otherwise, any such congregation may, from time to time, meet together, upon notice by the Minister, from the pulpit, or at the requisition, in writing, of any ten persons entitled to vote as hereinafter mentioned, (notice of the day, hour and place of such meeting, in either case, being first publicly made in the church or place of meeting for public worship on two Sabbath days next before such meeting shall be held,) then and there by a majority of those present, and entitled to vote, to elect and appoint new trustees in the room of such trustees as shall have removed from the Province, resigned, or died, and thereupon the property of the congregation shall ipso facto become vested in such newly elected Trustees jointly with the remaining Trustees, if any; and such Trustees, and their successors, to be appointed as aforesaid, shall have full power and authority to hold and administer the trust or corporate property of such congregation ; Provided always, that the said newly elected trustees shall be members in communion with the said united body, and those entitled to vote, where there is no provision on the subject as aforesaid, shall be all persons who are members in communion with said congregation and church.
7. Trustees or other administrators of corporate or trust property of any congregation in connection or communion with the said united body may, with the consent of the congregation, or of a majority present of those entitled to vote at a meeting convened to consider the matter, (as provided either by their trust deed, or by section number four of this Act, for the election of trustees in the case of vacancies, as the case may be) mortgage, sell or exchange any real estate belonging to, or holden for the use, or in trust for the said congregation, for the purpose of repairing or securing the debt on any building thereon erected, or of erecting other or more suitable churches, manses, or glebes, or schools ; Provided nevertheless, that such mortgage, sale or exchange, be first sanctioned by the Presbytery under whose care such congregation is placed, and not otherwise, and provided further, that in Upper Canada this clause shall only apply where the deed of trust or Act of incorporation contains no provision for mortgaging, selling or exchanging for the purpose for which such mortgage, sale, or exchange is desired.
9. But all such property, real or personal, as is affected by this Act, shall in all respects, save as aforesaid, be held and administered as nearly as may be in the manner and subject to the same conditions as provided by the Deeds of Trust, Acts of Incorporation, or such other instruments, or authority under which the same is now held or administered.
An Act respecting the union of
certain Presbyterian Churches therein named
Assented to 21st December, 1874
1. As soon as the union takes place, all property, real or personal, within
the Province of Ontario, now belonging to or held in trust for or to the
use of any congregation in connexion or communion with any of the said
Churches, shall thenceforth be held, used and administered for the benefit
of the same congregation in connexion or communion with the united body,
under the name of "The Presbyterian Church in Canada."
2. Provided always that if any congregation in connexion or communion with any of the said Churches, shall at a meeting of the said congregation regularly called according to the constitution of the said congregation, or the practice of the Church with which it is connected, and held within six months after the said union takes place, decide by a majority of the votes of those who, by the constitution of the said congregation, or the practice of the said Church with which it is connected, are entitled to vote at such a meeting, determine not to enter into the said union, but to dissent therefrom, then and in such case the congregational property of the said congregation shall remain unaffected by this Act, or by any of the provisions thereof; but in the event of any congregation so dissenting as aforesaid, at any future time resolving to enter into and adhere to the said united Church, then from the time of such resolution being come to, this Act and the provisions thereof shall apply to the property of such congregation.
3. Congregations may from time to time alter or vary any of the provisions continued in the trust deeds under which their property is held, or in their constitutions, which relate to the mode in which their affairs and property shall be managed or regulated, and to the persons who shall be entitled to take part in such management, or to vote at meetings of the congregation on questions affecting the affairs and property of the congregation or the management thereof ; but the sanction of the Presbytery under whose care such congregation is placed shall be obtained before any such alteration or variation shall take effect.
4. The several clauses and provisions of the Act of the Legislature of Ontario, passed in the thirty-sixth year of the reign of Her Majesty Queen Victoria, chaptered one hundred and thirty-five and intituled, "An Act respecting the Property of Religious Institutions in the Province of Ontario," and the amendments thereto, shall apply to the various congregations in Ontario in connexion or communion with the Presbyterian Church in Canada : Provided always, that before any of the powers of leasing, if for a period exceeding seven years, or selling, exchanging or mortgaging be exercised by any congregation or by the trustees thereof, the sanction of the Presbytery within whose bounds such congregation is placed shall be obtained.
6. But all such property, real or personal, as is affected by this Act, shall in all respects, save as aforesaid, be held and administered, as nearly as may be, in the same manner and subject to the same conditions as provided by the Deeds of Trust, Acts of Incorporation, or any other instruments or authority under which the same is now held or administered.
10. As soon as the said union takes place, the Presbyterian Church in Canada, and any of the trusts in connexion with the said Church, and any of the religious or charitable schemes of the said Church, may by the name thereof, or by trustees, from time to time take by gift, devise or bequest, any lands or tenements or interests therein, provided such gift, devise or bequest be made at least six months before the death of the persons making the same: but the said Church, and the said religious or charitable schemes of the said Church, shall at no time take gift, devise or bequest, lands or tenements, or any interest therein, the annual value of which, together with that of all other lands and tenements theretofore acquired by like means, and then held by the said Church, or by the particular scheme in favour of which such gift, devise or bequest may be made, shall exceed in the whole one thousand dollars ; nor shall the said Church, or any of the religious or charitable schemes of the said Church, at any time take by gift, devise or bequest, lands or tenements the annual value of which and of all the other real estate of the said Church, or of the particular scheme in favour of which the gift, devise or bequest is made, shall together exceed five thousand dollars ; and no lands or tenements acquired by gift, devise or bequest within the limits aforesaid, but not required for the actual use or occupation, shall be held for a longer period than seven years after the acquisition thereof, and within such period the same shall be absolutely disposed of, and the proceeds on such disposition shall be invested in securities, municipal debentures, or other approved securities, not including mortgages on land ; and any lands, tenements or interests therein required by this Act to be sold and disposed of, but which may not have been so disposed of, shall revert to the person from whom the same were acquired, his heirs, executors, administrators or assigns.
An Act respecting the Property
of Religious Institutions
chapter 237, subsequent to chapter 135, applies to "any religious
society or congregation of Christians in Ontario"
An Act incorporating the Board
of Trustees of the Presbyterian Church in Canada
Assented to 30th April, 1900
"WHEREAS by Section 10 of the Act passed by the Legislature of Ontario
in the 38th year of Her Majesty's Reign, Chapter 75, intituled 'An Act
respecting the Union of certain Presbyterian Churches therein named,'..."
"4. All gifts, conveyances or transfers of lands which may be made
to the Presbyterian Church in Canada as a site for a church, manse, school
or cemetery for the use of a congregation not then organized, shall vest
in the said Board of Trustees on trust to convey the same to the trustees
of such congregation when it shall have been organized under the sanction
of the Presbytery within the bounds of which it is situate, or in default
of such organization to sell the same."
"5. All lands and premises which have been or shall hereafter at any
time be held by any trustee or trustees for any congregation which shall
have ceased to exist or has become disorganized shall vest in the said
Board of Trustees..."
The properties of former Congregational Churches are not contested by the church.
Case law like biblical criticism has much new thought, and some authorities cite "trust" as a major factor in recent court decisions - each case is specific.