The existing statement about property ownership is found in the Congregational
Board of Trustees Handbook pp. 15-18,
http://www.united-church.ca/
search "trustee handbook"
It is difficult to appreciate the implications of the United Church statement when one expected more substance.
With reference to the provincial statute
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..."
the statement reads
"The only exceptions are for ...Real Property of some former Presbyterian
congregations
"The exception does not apply to the Real Property of a former Presbyterian
congregation, except in Alberta and Saskatchewan, as elsewhere the provincial
statutes incorporating the Board of Trustees of the Presbyterian Church
in Canada vested a reversionary interest in such property in the denomination,
should the congregation cease to exist. (By-Laws, subsection 266(a))"
note with respect to properties of former Presbyterian congregations
a. the only real property excepted is that of former Presbyterian
congregations in Alberta and Saskatchewan, which could be excepted only
if real property of former Presbyterian congregations did not vest in the
denomination
b. the rationale for properties of former Presbyterian congregations
being vested in the United Church is not that real property was vested
in the denomination but that previous legislation gave reversionary interests
"for any congregation which shall have ceased to exist or has become
disorganized"
The statement does not dissent
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"
The United Church of Canada Act
"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..."
"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."
but rather interprets the 1900 legislation as an interest which precludes
the exception "subject to the provisions of section eight hereof"
and requires "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" for properties
of former Presbyterian congregations, except in Alberta and Saskatchewan.
At question is whether such reversionary interest commences "from and after the coming into force of this Act" or as understood by the former Presbyterian Church in Canada after "any congregation which shall have ceased to exist or has become disorganized".
I am appalled that a church which stands for justice would argue thus!
--
Don Anderson
[email protected]
http://www.axz.ca/