The following is a draft for an alternative constitution for the Anglican Church in North America. Unlike the provisional constitution of the ACNA this alternative constitution contains a number of guarantees and safeguards designed to protect congregations joining the ACNA from the kind of abusive power relationships to which congregations are exposed in The Episcopal Church and which congregations are also likely to encounter in the ACNA under the provisions of its provisional constitution.
Among the drawbacks of the ACNA under its provisional constitution is that the new church uses a corporate model and is highly centralized, a development also increasingly seen in The Episcopal Church since the early 1900s [1]. Congregations are viewed as subordinate units of the judicatory (e.g. diocese, network, or cluster) deriving their existence from the judicatory as they have become to be viewed in The Episcopal Church—a significant departure from the original model of the Protestant Episcopal Church.
The Protestant Episcopal Church was originally established as a confederation. Its polity was based upon the Articles of Confederation that preceded the present Constitution of the United States. It was a polity in which no authority was exercised except by the consent of the government. The parish, not the diocese or the national church, was the basic unit of the church. This particular model of church government not only made the Protestant Episcopal Church different from the Church of England but also made its Anglicanism different from that of the Church of England [2].
The principal advocate of this parish-based ecclesiology was Bishop William White, first Bishop of Pennsylvania and first Presiding Bishop of the Protestant Episcopal Church. In this ecclesiology governing authority rests with the parish and is delegated by the parish to the diocese and to the national church. As noted historian Clara O. Loveland draws to our attention, "The basic unit in the government of the [Protestant Episcopal] Church is not the diocese as in England, but the parish." [3]
This ecclesiology was partially a reaction to the prelacy that characterized the eighteenth century Church of England and the numerous abuses that occurred under that prelacy. The third quarter of the nineteenth century saw the development of prelacy in the Protestant Episcopal Church with Episcopal bishops claiming authorities, privileges, powers, and rights that they had not previously claimed. By the last quarter of the twentieth century most Episcopalians presumed that prelacy was normative in the Episcopal Church, being no longer familiar with the original vision of Bishop White due to the spread of prelacy throughout the denomination.
In the Church Teaching Series in 1979 John Booty articulates the classical American understanding of Anglican church government. In this understanding the parish is the source of temporal authority. "The result of all the maneuvering in 1789 was a church government based upon local control by voluntary associations of persons in parishes. Dioceses and national convention possessed power in relation to and for the sake of parishes. The larger organizations functioned as agencies preserving and strengthening the unity of the church. White agreed that 'the great art of governing consists in not governing too much'." [4]
As Roger Beckwith points to our attention in The Church of England: What it is and what it stands for, "In practice at least, the parish is the basic unit of Anglican Church life, to which the diocese is accessory (not vice versa)." [5] Dr. Louis Tarsitano makes the same point in his An Outline of Anglican Life. “The basic unit of the Church is the 'congregation', a 'group of people gathered' in Christ's Name (Matthew 18:20).” [6]
In the original polity of the Protestant Episcopal Church the Presiding Bishop was the President of the House of Bishops and the General Convention. He was the senior diocesan bishop of the House of Bishops, seniority being based upon date of consecration. He was not the chief executive of the national church. The Presiding Bishop had no other functions beyond those of a diocesan bishop outside of the House of Bishops and the General Convention. The duties of the Presiding Bishop were not even enumerated in the original Constitution and Canons of the Protestant Episcopal Church.
The Office of the Presiding Bishop was not created until the first quarter of the Twentieth Century. It was the beginning of the centralization of the Protestant Episcopal Church. This centralization would lead to the national church asserting greater control over dioceses and dioceses exerting greater control over parishes. With the spread of prelacy in the Protestant Episcopal Church and the centralization of that denomination, there was a shift in ecclesiology. Instead of the national church and the dioceses being seen as structures designed to help congregations do work which congregations could not undertake and do effectively alone, as these structures were conceived under the original polity of the Protestant Episcopal Church, the church was increasingly seen as a pyramidal hierarchy with the national church at the top of the hierarchy, the dioceses at the next level, and the congregation at the bottom of the hierarchy. Dioceses were conceived as branches of the national church and congregations as sub-branches of the diocese. Authority was viewed as flowing down from the top instead of upward from the bottom.
This ecclesiology has no basis in the New Testament which only recognizes the existence of the universal Church and the local church, or congregation. It is a purely human invention. The Thirty Nine Articles of Religion only recognize as the visible Church of Christ the “congregation of faithful men, in which the pure word of God is preached and the sacraments are duly ministered according to Christ's ordinance in all those things that of necessity are requisite to the same.”
This ecclesiology stands in stark contrast to the original ecclesiology of the Protestant Episcopal Church that Tim Smith and George Conger describe in their article, “Parish is the Basic Unit of the Church in American Anglicanism - Serious Challenges Face American Anglicanism: On What Principles Will a New Order Be Shaped?”:
“In the historical American Episcopal ecclesiology which is parish-based, the authority of church order flows from the parish to the bishop. The head of the Church is not the bishop, but Jesus Christ. The parish places itself under the spiritual authority and direction of the bishop, and not the other way around. The parish - through its officers, the vestry, owns property and manages the affairs of the local parish. The parish sends delegates to diocesan conventions. These conventions set budgets, pass canons or laws, and elect bishops. Civil law governs the business affairs of the parish. Bishops have spiritual, sacramental and teaching authority; yet they are bound by canons, custom and civil law in the exercise of their authority.” [7]
Early in the history of the Protestant Episcopal Church we see a tension between those like Bishop White who espoused a parish-based ecclesiology and those like Bishop of Connecticut Samuel Seabury, a High Churchman and a former Tory, who was a staunch advocate of prelacy. Bishop Seabury held that the diocese is divinely ordered and ministers are divinely empowered. White maintained that the basic unit of the church was the parish; Seabury argued without success that it was the diocese. [8] White’s view of church polity prevailed in the writing of the Constitution and Canons of the Protestant Episcopal Church in 1789.
The liberal establishment of The Episcopal Church favors Seabury’s view of church polity. This view is frequently trotted out to justify coercion upon the part of diocesan bishops against congregations in their dioceses. It is being increasingly written into the constitution and canons of dioceses of The Episcopal Church. It underlies the provisions of the proposed national church disciplinary canon that would permit bishops to take direct action against dissidents in congregations in their dioceses and to expel them from the church. It is also the view articulated in the provisional constitution of the Anglican Church in North America. “Congregations and clergy are related together in a diocese, cluster, or network (whether regional or affinity-based), united by a bishop.” Compare this section of the ACNA provisional constitution with what Smith and Conger describe as “the revisionist view of ‘a fellowship of Churches in an area in communion with their bishop’.” Smith and Conger draw to our attention that this “revisionist view” of church polity contravenes Article XIX. It “is a mere ideal and not visibly the church because it never meets as an entirety to hear God's word and receive his sacraments.” [9] This “revisionist view” of church polity is further articulated in Article VIII, Section 1, of the provisional constitution of the ACNA:
“The member dioceses, clusters or networks (whether regional or affinity-based) and those dioceses banded together as jurisdictions shall each maintain all authority they do not yield to the Province by their own consent. The powers not delegated to the Province by this constitution nor prohibited by this Constitution to these dioceses or jurisdictions, are reserved to these dioceses or jurisdictions respectively.”
It clearly states that the source of temporal authority in the Anglican Church in North America is the judicatory.
The implication is that the Anglican Church in North America under the provisions of its provisional constitution is highly susceptible to the abusive power relationships that beset The Episcopal Church. The provisional constitution contains no real check or balances. Even its vaguely worded guarantee that some congregations shall have the right to retain their real and moveable property is under attack from those who hold the “revisionist view” of church polity and who claim that since the judicatory is the basic unit of government in the new province, it should hold all property in trust.
This draft alternative constitution for the Anglican Church in North America returns to Bishop White’s parish or congregation-based ecclesiology. The Anglican Church in North America would be a confederation of “convocations” made up of congregations that are voluntarily connected with a particular convocational conference on the basis of theological affinity with the other congregations that make up the convocation. Congregations would not be creatures of the convocation. They would have authority and life separate from the bishop of the convocation. Indeed they would retain authority in all matters not specifically delegated to the Anglican Church in North America, its convocations, and other bodies. They would voluntarily place themselves under the general pastoral care, leadership, and supervision of the bishop of the convocation and would be free to withdraw at any time from the ACNA without forfeiture of their property or funds.
Under the provisions of this draft alternative constitution for the Anglican Church in North America bishops would not be elected for life but for specific terms of office. This introduces an element of accountability that is missing from the ACNA provisional constitution.
The Anglican Church in North America would not have an Archbishop as its primate but a Bishop Primus, a first among equals. The Bishop Primus would be a bishop of a convocation and would have clearly defined primatial functions in addition to his functions as convocational bishop. He would chair the House of Bishops, the Governing Body, and the Standing Committee of the Governing Body. He would represent the ACNA in its relations with other Anglican and Christian bodies.
The Governing Body would be composed of a House of Bishops, a House of Clergy, and a House of Laity. The first body would consist of all the active ACNA bishops; the second body, elected clerical representatives from each convocation; and the third body, elected lay representatives from each convocation. The Governing Body would have limited powers. In some cases its acts especially those effecting rites, ceremonies, discipline, and ordained ministry would require the assent of a convocation before it would have an affect upon that convocation. This is a safeguard against the imposition of a theologically objectionable Prayer Book or women’s ordination upon a convocation by a change in the canons of the ACNA.
Provinces and convocations would be organized exclusively on the basis of theological affinity. This recognizes a historical reality: throwing groups with disparate theologies together in the same judicatory leads to tension, rivalry, and power struggles. While theologically homogenous provinces and convocations might not eliminate tension, rivalry, and power struggles, such bodies would help to reduce them. These provinces and convocations would share the same territory—North America. Any competitiveness between the groups making up the ACNA provinces and convocations would be sublimated in church extension.
Within this alternative structure for the ACNA traditionalist Anglo-Catholics who do not recognize the validity of the ordination of women on theological grounds could have their own province made up of convocations comprised of traditionalist Anglo-Catholic congregations who share the same view of women’s ordination. Confessional evangelical who do not recognize the validity of women on Scriptural grounds could have their own province made up of convocations comprised of confessional evangelical congregations who share the same view of women’s ordination. Charismatic evangelicals and other Anglicans who do recognize the validity of the ordination of women could have their own province made up of convocations comprised of charismatic evangelical and other Anglican congregations who share the same view of women’s ordination. The result would be three or more parallel jurisdictions operating in North America but part of the same church.
Under the provisions of this draft alternative constitution a convocation would be formed from a cluster of at least six congregations with an aggregate membership of 450 baptized persons—the equivalent of six modest-sized parishes. This is the minimum number of parishes required for the formation of a territory-based diocese under the provisions of the constitutions of a number of Anglican church bodies.
What I envision would happen under this alternative structure for the ACNA is that convocations would tend to form around regional clusters of congregations of like theology. However, unlike dioceses, convocation would not be wed to a particular geographic territory so there would be no such thing as boundary crossing. Convocations of like theology would form into provinces that would from a geographic perspective cover the entire territory of the ACNA—Canada and the United States and their territories.
Under the provisions of this draft alternative constitution the bishop of the convocation, while he would have a number of administrative duties, would function more as the general pastoral leader of several clusters of congregations than as a chief executive officer of a judicatory—the corporate model of the bishop that has become prevalent in The Episcopal Church. Nothing in the draft alternative constitution prevents the bishop of a convocation from being a pastor of a congregation connected with the convocational conference of the convocation.
Under the provisions of this draft alternative constitution each convocation may have up to five assistant bishops. A large convocation might consist of five clusters of congregations with each cluster under the oversight of an assistant bishop. Nothing in the draft alternative constitution prevents an assistant bishop from being a pastor of a congregation in the cluster of congregations that he is overseeing. I envision that as a convocation grows in size, it would reproduce, hiving off two or more clusters of congregations to form a new convocation.
I envision congregations connected with a convocation forming sub-congregations pastored by a deacon, catechist, or reader licensed by the bishop of the convocation and serving under the supervision of the pastor of the congregation. This is a practice found in the Anglican Church of the Province of Uganda and other African provinces of the Anglican Communion. As these sub-congregations became congregations, they would in turn form the nucleus of a new cluster of congregations.
Three assumption on the part of North American Anglicans can be expected hinder the growth of the Anglican Church in Canada and the United States in the twenty-first century. The first assumption is that the pastor of a church must be seminary-educated. The second is that the pastor of a church must be ordained. The third is that the service on Sundays must be Holy Communion.
The first assumption takes many gifted individuals whose ministries are needed on the mission field away from the mission field and sends them to a theological seminary for three or more years. It places in positions of pastoral leadership in churches individuals who are strangers to a community and who must take a number of years building relationships in the community and earning the trust of the community in order to be effective in their ministry. A growing number of churches in non-Anglican church bodies are recruiting staff from within the church and training them in the church, finding that they are more effective in meeting the needs of the church than staff recruited from outside of the church and educated in a seminary. These church bodies have also adopted the strategy of using ministers who are not seminary-educated and who are recruited from the community in planting and pastoring new churches in a community since these ministers can be very effective in this area of ministry. Theological seminaries in the same bodies have developed distance education and other non-residential programs for pastors who are already involved in ministry and for whom a three-year residential program in a seminary is not a realistic option.
The second assumption keeps a number of Anglican judicatories from fully taking advantage of the human resources that God has given them. A number of competent individuals who have the knowledge, gifts, skills, and maturity to provide pastoral leadership to a church are relegated to the sidelines because they are not ordained and their particular circumstances prevents them from attending a seminary in preparation for ordination.
The third assumption is traceable to the belief of some Anglicans that the administration of the sacrament of Holy Communion conveys greater spiritual benefits than the preaching of the Word and to influence of the liturgical movement of the past century that encouraged weekly celebration of the Holy Communion. While North American Anglican congregations have grown to expect weekly celebrations of the Holy Communions, such celebrations are not essential to faith and life of a congregation, much less to its growth. Congregations in non-Anglican church bodies in Canada and the United States and Anglican church bodies outside of North America that administer the sacrament of Holy Communion with the frequency of once a month or less are experiencing what is in some cases phenomenal numerical and gospel growth. In these congregations worship focuses upon the praise of God, the proclamation and exposition of the Word, and prayer.
With the expectation that a congregation should have a weekly celebration of Holy Communion has developed the corresponding expectation that the pastor of the congregation should be full-time, in presbyter’s orders, and stipendiary. This is not only has been an unrealistic expectation for a number of North American Anglican congregations, it is in the present economic climate likely to prove an unrealistic expectation for an even larger number of North American Anglican congregations. An Anglican church body the growth strategy of which is to meet this expectation can anticipate extremely limited growth. Yoking together two or three congregations and similar solutions have not proven effective.
The provisions of this draft alternative constitution allow for the formation of candidates for holy orders in the mission field. They can be engaged in ministry in a congregation while preparing for ordination. They can be ordained before they complete their program of preparation. The provisions of the draft alternative constitution allow for the waiving of any canonical requirements for the formation of candidates for holy orders in the case of individuals of proven ability. If a bishop is satisfied an individual has the knowledge, gifts, skills, and maturity to be a deacon or presbyter, he may ordain him. They also allow for the establishment of convocational schools of ministry, internship programs, and other formation programs for the preparation of individuals for ordained and non-ordained ministry in the convocation and for the greater use of deacons and licensed ministers such as catechists and readers in positions of pastoral leadership in the congregations of the convocation. They further allow for a congregation that meets all minimal requirements for calling its own pastor other being able to pay a pastor the minimum stipend and allowances recommended by its convocation conference to call a bivocational or non-stipendiary pastor. All of these provisions are intended to reduce if not eliminate the barriers to numerical and gospel growth that the foregoing assumptions create.
This draft alternative constitution for the ACNA is longer than the provisional constitution since it is more detailed in its provisions and more precise in its language. The greater detail and precision are one of the safeguards incorporated into the alternative constitution. A constitution is a like a contract. The more specific the language, the less likelihood of future conflicts over what each party understands to be the terms of the contract.
Among the drawbacks of the ACNA under its provisional constitution is that the new church uses a corporate model and is highly centralized, a development also increasingly seen in The Episcopal Church since the early 1900s [1]. Congregations are viewed as subordinate units of the judicatory (e.g. diocese, network, or cluster) deriving their existence from the judicatory as they have become to be viewed in The Episcopal Church—a significant departure from the original model of the Protestant Episcopal Church.
The Protestant Episcopal Church was originally established as a confederation. Its polity was based upon the Articles of Confederation that preceded the present Constitution of the United States. It was a polity in which no authority was exercised except by the consent of the government. The parish, not the diocese or the national church, was the basic unit of the church. This particular model of church government not only made the Protestant Episcopal Church different from the Church of England but also made its Anglicanism different from that of the Church of England [2].
The principal advocate of this parish-based ecclesiology was Bishop William White, first Bishop of Pennsylvania and first Presiding Bishop of the Protestant Episcopal Church. In this ecclesiology governing authority rests with the parish and is delegated by the parish to the diocese and to the national church. As noted historian Clara O. Loveland draws to our attention, "The basic unit in the government of the [Protestant Episcopal] Church is not the diocese as in England, but the parish." [3]
This ecclesiology was partially a reaction to the prelacy that characterized the eighteenth century Church of England and the numerous abuses that occurred under that prelacy. The third quarter of the nineteenth century saw the development of prelacy in the Protestant Episcopal Church with Episcopal bishops claiming authorities, privileges, powers, and rights that they had not previously claimed. By the last quarter of the twentieth century most Episcopalians presumed that prelacy was normative in the Episcopal Church, being no longer familiar with the original vision of Bishop White due to the spread of prelacy throughout the denomination.
In the Church Teaching Series in 1979 John Booty articulates the classical American understanding of Anglican church government. In this understanding the parish is the source of temporal authority. "The result of all the maneuvering in 1789 was a church government based upon local control by voluntary associations of persons in parishes. Dioceses and national convention possessed power in relation to and for the sake of parishes. The larger organizations functioned as agencies preserving and strengthening the unity of the church. White agreed that 'the great art of governing consists in not governing too much'." [4]
As Roger Beckwith points to our attention in The Church of England: What it is and what it stands for, "In practice at least, the parish is the basic unit of Anglican Church life, to which the diocese is accessory (not vice versa)." [5] Dr. Louis Tarsitano makes the same point in his An Outline of Anglican Life. “The basic unit of the Church is the 'congregation', a 'group of people gathered' in Christ's Name (Matthew 18:20).” [6]
In the original polity of the Protestant Episcopal Church the Presiding Bishop was the President of the House of Bishops and the General Convention. He was the senior diocesan bishop of the House of Bishops, seniority being based upon date of consecration. He was not the chief executive of the national church. The Presiding Bishop had no other functions beyond those of a diocesan bishop outside of the House of Bishops and the General Convention. The duties of the Presiding Bishop were not even enumerated in the original Constitution and Canons of the Protestant Episcopal Church.
The Office of the Presiding Bishop was not created until the first quarter of the Twentieth Century. It was the beginning of the centralization of the Protestant Episcopal Church. This centralization would lead to the national church asserting greater control over dioceses and dioceses exerting greater control over parishes. With the spread of prelacy in the Protestant Episcopal Church and the centralization of that denomination, there was a shift in ecclesiology. Instead of the national church and the dioceses being seen as structures designed to help congregations do work which congregations could not undertake and do effectively alone, as these structures were conceived under the original polity of the Protestant Episcopal Church, the church was increasingly seen as a pyramidal hierarchy with the national church at the top of the hierarchy, the dioceses at the next level, and the congregation at the bottom of the hierarchy. Dioceses were conceived as branches of the national church and congregations as sub-branches of the diocese. Authority was viewed as flowing down from the top instead of upward from the bottom.
This ecclesiology has no basis in the New Testament which only recognizes the existence of the universal Church and the local church, or congregation. It is a purely human invention. The Thirty Nine Articles of Religion only recognize as the visible Church of Christ the “congregation of faithful men, in which the pure word of God is preached and the sacraments are duly ministered according to Christ's ordinance in all those things that of necessity are requisite to the same.”
This ecclesiology stands in stark contrast to the original ecclesiology of the Protestant Episcopal Church that Tim Smith and George Conger describe in their article, “Parish is the Basic Unit of the Church in American Anglicanism - Serious Challenges Face American Anglicanism: On What Principles Will a New Order Be Shaped?”:
“In the historical American Episcopal ecclesiology which is parish-based, the authority of church order flows from the parish to the bishop. The head of the Church is not the bishop, but Jesus Christ. The parish places itself under the spiritual authority and direction of the bishop, and not the other way around. The parish - through its officers, the vestry, owns property and manages the affairs of the local parish. The parish sends delegates to diocesan conventions. These conventions set budgets, pass canons or laws, and elect bishops. Civil law governs the business affairs of the parish. Bishops have spiritual, sacramental and teaching authority; yet they are bound by canons, custom and civil law in the exercise of their authority.” [7]
Early in the history of the Protestant Episcopal Church we see a tension between those like Bishop White who espoused a parish-based ecclesiology and those like Bishop of Connecticut Samuel Seabury, a High Churchman and a former Tory, who was a staunch advocate of prelacy. Bishop Seabury held that the diocese is divinely ordered and ministers are divinely empowered. White maintained that the basic unit of the church was the parish; Seabury argued without success that it was the diocese. [8] White’s view of church polity prevailed in the writing of the Constitution and Canons of the Protestant Episcopal Church in 1789.
The liberal establishment of The Episcopal Church favors Seabury’s view of church polity. This view is frequently trotted out to justify coercion upon the part of diocesan bishops against congregations in their dioceses. It is being increasingly written into the constitution and canons of dioceses of The Episcopal Church. It underlies the provisions of the proposed national church disciplinary canon that would permit bishops to take direct action against dissidents in congregations in their dioceses and to expel them from the church. It is also the view articulated in the provisional constitution of the Anglican Church in North America. “Congregations and clergy are related together in a diocese, cluster, or network (whether regional or affinity-based), united by a bishop.” Compare this section of the ACNA provisional constitution with what Smith and Conger describe as “the revisionist view of ‘a fellowship of Churches in an area in communion with their bishop’.” Smith and Conger draw to our attention that this “revisionist view” of church polity contravenes Article XIX. It “is a mere ideal and not visibly the church because it never meets as an entirety to hear God's word and receive his sacraments.” [9] This “revisionist view” of church polity is further articulated in Article VIII, Section 1, of the provisional constitution of the ACNA:
“The member dioceses, clusters or networks (whether regional or affinity-based) and those dioceses banded together as jurisdictions shall each maintain all authority they do not yield to the Province by their own consent. The powers not delegated to the Province by this constitution nor prohibited by this Constitution to these dioceses or jurisdictions, are reserved to these dioceses or jurisdictions respectively.”
It clearly states that the source of temporal authority in the Anglican Church in North America is the judicatory.
The implication is that the Anglican Church in North America under the provisions of its provisional constitution is highly susceptible to the abusive power relationships that beset The Episcopal Church. The provisional constitution contains no real check or balances. Even its vaguely worded guarantee that some congregations shall have the right to retain their real and moveable property is under attack from those who hold the “revisionist view” of church polity and who claim that since the judicatory is the basic unit of government in the new province, it should hold all property in trust.
This draft alternative constitution for the Anglican Church in North America returns to Bishop White’s parish or congregation-based ecclesiology. The Anglican Church in North America would be a confederation of “convocations” made up of congregations that are voluntarily connected with a particular convocational conference on the basis of theological affinity with the other congregations that make up the convocation. Congregations would not be creatures of the convocation. They would have authority and life separate from the bishop of the convocation. Indeed they would retain authority in all matters not specifically delegated to the Anglican Church in North America, its convocations, and other bodies. They would voluntarily place themselves under the general pastoral care, leadership, and supervision of the bishop of the convocation and would be free to withdraw at any time from the ACNA without forfeiture of their property or funds.
Under the provisions of this draft alternative constitution for the Anglican Church in North America bishops would not be elected for life but for specific terms of office. This introduces an element of accountability that is missing from the ACNA provisional constitution.
The Anglican Church in North America would not have an Archbishop as its primate but a Bishop Primus, a first among equals. The Bishop Primus would be a bishop of a convocation and would have clearly defined primatial functions in addition to his functions as convocational bishop. He would chair the House of Bishops, the Governing Body, and the Standing Committee of the Governing Body. He would represent the ACNA in its relations with other Anglican and Christian bodies.
The Governing Body would be composed of a House of Bishops, a House of Clergy, and a House of Laity. The first body would consist of all the active ACNA bishops; the second body, elected clerical representatives from each convocation; and the third body, elected lay representatives from each convocation. The Governing Body would have limited powers. In some cases its acts especially those effecting rites, ceremonies, discipline, and ordained ministry would require the assent of a convocation before it would have an affect upon that convocation. This is a safeguard against the imposition of a theologically objectionable Prayer Book or women’s ordination upon a convocation by a change in the canons of the ACNA.
Provinces and convocations would be organized exclusively on the basis of theological affinity. This recognizes a historical reality: throwing groups with disparate theologies together in the same judicatory leads to tension, rivalry, and power struggles. While theologically homogenous provinces and convocations might not eliminate tension, rivalry, and power struggles, such bodies would help to reduce them. These provinces and convocations would share the same territory—North America. Any competitiveness between the groups making up the ACNA provinces and convocations would be sublimated in church extension.
Within this alternative structure for the ACNA traditionalist Anglo-Catholics who do not recognize the validity of the ordination of women on theological grounds could have their own province made up of convocations comprised of traditionalist Anglo-Catholic congregations who share the same view of women’s ordination. Confessional evangelical who do not recognize the validity of women on Scriptural grounds could have their own province made up of convocations comprised of confessional evangelical congregations who share the same view of women’s ordination. Charismatic evangelicals and other Anglicans who do recognize the validity of the ordination of women could have their own province made up of convocations comprised of charismatic evangelical and other Anglican congregations who share the same view of women’s ordination. The result would be three or more parallel jurisdictions operating in North America but part of the same church.
Under the provisions of this draft alternative constitution a convocation would be formed from a cluster of at least six congregations with an aggregate membership of 450 baptized persons—the equivalent of six modest-sized parishes. This is the minimum number of parishes required for the formation of a territory-based diocese under the provisions of the constitutions of a number of Anglican church bodies.
What I envision would happen under this alternative structure for the ACNA is that convocations would tend to form around regional clusters of congregations of like theology. However, unlike dioceses, convocation would not be wed to a particular geographic territory so there would be no such thing as boundary crossing. Convocations of like theology would form into provinces that would from a geographic perspective cover the entire territory of the ACNA—Canada and the United States and their territories.
Under the provisions of this draft alternative constitution the bishop of the convocation, while he would have a number of administrative duties, would function more as the general pastoral leader of several clusters of congregations than as a chief executive officer of a judicatory—the corporate model of the bishop that has become prevalent in The Episcopal Church. Nothing in the draft alternative constitution prevents the bishop of a convocation from being a pastor of a congregation connected with the convocational conference of the convocation.
Under the provisions of this draft alternative constitution each convocation may have up to five assistant bishops. A large convocation might consist of five clusters of congregations with each cluster under the oversight of an assistant bishop. Nothing in the draft alternative constitution prevents an assistant bishop from being a pastor of a congregation in the cluster of congregations that he is overseeing. I envision that as a convocation grows in size, it would reproduce, hiving off two or more clusters of congregations to form a new convocation.
I envision congregations connected with a convocation forming sub-congregations pastored by a deacon, catechist, or reader licensed by the bishop of the convocation and serving under the supervision of the pastor of the congregation. This is a practice found in the Anglican Church of the Province of Uganda and other African provinces of the Anglican Communion. As these sub-congregations became congregations, they would in turn form the nucleus of a new cluster of congregations.
Three assumption on the part of North American Anglicans can be expected hinder the growth of the Anglican Church in Canada and the United States in the twenty-first century. The first assumption is that the pastor of a church must be seminary-educated. The second is that the pastor of a church must be ordained. The third is that the service on Sundays must be Holy Communion.
The first assumption takes many gifted individuals whose ministries are needed on the mission field away from the mission field and sends them to a theological seminary for three or more years. It places in positions of pastoral leadership in churches individuals who are strangers to a community and who must take a number of years building relationships in the community and earning the trust of the community in order to be effective in their ministry. A growing number of churches in non-Anglican church bodies are recruiting staff from within the church and training them in the church, finding that they are more effective in meeting the needs of the church than staff recruited from outside of the church and educated in a seminary. These church bodies have also adopted the strategy of using ministers who are not seminary-educated and who are recruited from the community in planting and pastoring new churches in a community since these ministers can be very effective in this area of ministry. Theological seminaries in the same bodies have developed distance education and other non-residential programs for pastors who are already involved in ministry and for whom a three-year residential program in a seminary is not a realistic option.
The second assumption keeps a number of Anglican judicatories from fully taking advantage of the human resources that God has given them. A number of competent individuals who have the knowledge, gifts, skills, and maturity to provide pastoral leadership to a church are relegated to the sidelines because they are not ordained and their particular circumstances prevents them from attending a seminary in preparation for ordination.
The third assumption is traceable to the belief of some Anglicans that the administration of the sacrament of Holy Communion conveys greater spiritual benefits than the preaching of the Word and to influence of the liturgical movement of the past century that encouraged weekly celebration of the Holy Communion. While North American Anglican congregations have grown to expect weekly celebrations of the Holy Communions, such celebrations are not essential to faith and life of a congregation, much less to its growth. Congregations in non-Anglican church bodies in Canada and the United States and Anglican church bodies outside of North America that administer the sacrament of Holy Communion with the frequency of once a month or less are experiencing what is in some cases phenomenal numerical and gospel growth. In these congregations worship focuses upon the praise of God, the proclamation and exposition of the Word, and prayer.
With the expectation that a congregation should have a weekly celebration of Holy Communion has developed the corresponding expectation that the pastor of the congregation should be full-time, in presbyter’s orders, and stipendiary. This is not only has been an unrealistic expectation for a number of North American Anglican congregations, it is in the present economic climate likely to prove an unrealistic expectation for an even larger number of North American Anglican congregations. An Anglican church body the growth strategy of which is to meet this expectation can anticipate extremely limited growth. Yoking together two or three congregations and similar solutions have not proven effective.
The provisions of this draft alternative constitution allow for the formation of candidates for holy orders in the mission field. They can be engaged in ministry in a congregation while preparing for ordination. They can be ordained before they complete their program of preparation. The provisions of the draft alternative constitution allow for the waiving of any canonical requirements for the formation of candidates for holy orders in the case of individuals of proven ability. If a bishop is satisfied an individual has the knowledge, gifts, skills, and maturity to be a deacon or presbyter, he may ordain him. They also allow for the establishment of convocational schools of ministry, internship programs, and other formation programs for the preparation of individuals for ordained and non-ordained ministry in the convocation and for the greater use of deacons and licensed ministers such as catechists and readers in positions of pastoral leadership in the congregations of the convocation. They further allow for a congregation that meets all minimal requirements for calling its own pastor other being able to pay a pastor the minimum stipend and allowances recommended by its convocation conference to call a bivocational or non-stipendiary pastor. All of these provisions are intended to reduce if not eliminate the barriers to numerical and gospel growth that the foregoing assumptions create.
This draft alternative constitution for the ACNA is longer than the provisional constitution since it is more detailed in its provisions and more precise in its language. The greater detail and precision are one of the safeguards incorporated into the alternative constitution. A constitution is a like a contract. The more specific the language, the less likelihood of future conflicts over what each party understands to be the terms of the contract.
PART I.
CHAPTER I: FUNDAMENTAL DECLARATIONS
CHAPTER I: FUNDAMENTAL DECLARATIONS
1. As the Anglican Church in North America, hereinafter referred to as the ACNA, being a part of the One Holy Catholic and Apostolic Church of Christ, we believe and confess Jesus Christ to be the Way, the Truth, and the Life: no one comes to the Father but by Him. Therefore, we identify the following eight elements as characteristic of the Anglican Way, and essential for membership:
(a) We confess the canonical books of the Old and New Testaments to be the inspired Word of God, containing all things necessary for salvation, and to be the final authority and unchangeable standard for Christian faith and life.
(b) We confess Baptism and the Supper of the Lord to be Sacraments ordained by Christ Himself in the Gospel, and thus to be ministered with unfailing use of His words of institution and of the elements ordained by Him.
(c) We confess the godly historic Episcopate as an inherent part of the apostolic faith and practice, and therefore as integral to the fullness and unity of the Body of Christ.
(d) We confess as proved by most certain warrants of Holy Scripture the historic faith of the undivided church as declared in the three Catholic Creeds: the Apostles', the Nicene, and the Athanasian.
(e) Concerning the seven Councils of the undivided Church, we affirm the teaching of the first four Councils and the Christological clarifications of the fifth, sixth and seventh Councils, in so far as they are agreeable to the Holy Scriptures.
(f) We receive The Book of Common Prayer as set forth by the Church of England in 1662, together with the Ordinal attached to the same, as a standard for Anglican doctrine and discipline, and, with the Books which preceded it, as the standard for the Anglican tradition of worship.
(g) We receive the Thirty-Nine Articles of Religion of 1562, taken in their literal and grammatical sense, as expressing the Anglican response to certain doctrinal issues controverted at that time, and as expressing fundamental principles of authentic Anglican belief.
(h) We affirm the Global Anglican Future Conference (GAFCON) Statement and Jerusalem Declaration issued on 29 June 2008.
In all these things, the ACNA is determined by the help of God to
hold and maintain, as the Anglican Way has received them, the doctrine, discipline and worship of Christ and to transmit the same, unimpaired, to our posterity.
2. The ACNA shall remain and be in full communion with all Anglican Churches, Dioceses and Provinces that hold and maintain the Historic Faith, Doctrine, Sacraments and Discipline of the one Holy, Catholic and Apostolic Church.
(a) We confess the canonical books of the Old and New Testaments to be the inspired Word of God, containing all things necessary for salvation, and to be the final authority and unchangeable standard for Christian faith and life.
(b) We confess Baptism and the Supper of the Lord to be Sacraments ordained by Christ Himself in the Gospel, and thus to be ministered with unfailing use of His words of institution and of the elements ordained by Him.
(c) We confess the godly historic Episcopate as an inherent part of the apostolic faith and practice, and therefore as integral to the fullness and unity of the Body of Christ.
(d) We confess as proved by most certain warrants of Holy Scripture the historic faith of the undivided church as declared in the three Catholic Creeds: the Apostles', the Nicene, and the Athanasian.
(e) Concerning the seven Councils of the undivided Church, we affirm the teaching of the first four Councils and the Christological clarifications of the fifth, sixth and seventh Councils, in so far as they are agreeable to the Holy Scriptures.
(f) We receive The Book of Common Prayer as set forth by the Church of England in 1662, together with the Ordinal attached to the same, as a standard for Anglican doctrine and discipline, and, with the Books which preceded it, as the standard for the Anglican tradition of worship.
(g) We receive the Thirty-Nine Articles of Religion of 1562, taken in their literal and grammatical sense, as expressing the Anglican response to certain doctrinal issues controverted at that time, and as expressing fundamental principles of authentic Anglican belief.
(h) We affirm the Global Anglican Future Conference (GAFCON) Statement and Jerusalem Declaration issued on 29 June 2008.
In all these things, the ACNA is determined by the help of God to
hold and maintain, as the Anglican Way has received them, the doctrine, discipline and worship of Christ and to transmit the same, unimpaired, to our posterity.
2. The ACNA shall remain and be in full communion with all Anglican Churches, Dioceses and Provinces that hold and maintain the Historic Faith, Doctrine, Sacraments and Discipline of the one Holy, Catholic and Apostolic Church.
CHAPTER II: THE MISSION OF THE ACNA
3. The mission of the ACNA is so to present Jesus Christ in the power of the Holy Spirit that people everywhere will come to know Him as Lord and serve Him as King in the fellowship of the Church. The chief agents of this mission to extend the Kingdom of God are the people of God.
4. In seeking to achieve its mission, the ACNA shall:
(a) Admit, plant, grow, and strengthen congregations in which the pure Word of God is preached and the sacraments are administered with due order and discipline as ordained by Christ;
(b) Admit eligible persons to the roll of ordained clergy by ordination or transfer and take responsibility for their nurture, support, and discipline;
(c) Establish and maintain church-wide and Convocation and congregation-based programs for the training, equipping, and continuing development of ordained clergy, other church leaders, and members of the ACNA for the work of ministry;
(d) Publish materials in electronic or printed form for the formation, training, equipping, continuing development, and upbuilding of its own members and others interested in the faith and life of the ACNA;
(e) Foster the worship life of the ACNA, developing and commending Prayer Books, hymnals, songbooks, and other devotional and liturgical material in electronic or printed form for congregational and personal use;
(g) Safeguard the faith and life of its congregations and clergy, deciding all questions relating to that faith and life on the basis of the Word of God and in accordance with its Fundamental Declarations;
(h) Establish and maintain church-wide agencies for the administration of its programs;
(i) Strive to unite all orthodox Anglicans within Canada and the United State in one church;
(j) Establish and maintain relationships with other Anglican entities and with other Christian fellowships for the furtherance of its mission;
(k)Do all things that it deems incidental or conducive to the attainment of its mission.
4. In seeking to achieve its mission, the ACNA shall:
(a) Admit, plant, grow, and strengthen congregations in which the pure Word of God is preached and the sacraments are administered with due order and discipline as ordained by Christ;
(b) Admit eligible persons to the roll of ordained clergy by ordination or transfer and take responsibility for their nurture, support, and discipline;
(c) Establish and maintain church-wide and Convocation and congregation-based programs for the training, equipping, and continuing development of ordained clergy, other church leaders, and members of the ACNA for the work of ministry;
(d) Publish materials in electronic or printed form for the formation, training, equipping, continuing development, and upbuilding of its own members and others interested in the faith and life of the ACNA;
(e) Foster the worship life of the ACNA, developing and commending Prayer Books, hymnals, songbooks, and other devotional and liturgical material in electronic or printed form for congregational and personal use;
(g) Safeguard the faith and life of its congregations and clergy, deciding all questions relating to that faith and life on the basis of the Word of God and in accordance with its Fundamental Declarations;
(h) Establish and maintain church-wide agencies for the administration of its programs;
(i) Strive to unite all orthodox Anglicans within Canada and the United State in one church;
(j) Establish and maintain relationships with other Anglican entities and with other Christian fellowships for the furtherance of its mission;
(k)Do all things that it deems incidental or conducive to the attainment of its mission.
PART II. THE GOVERNMENT OF THE ACNA
CHAPTER III: OF THE BISHOPS
CHAPTER III: OF THE BISHOPS
5. There shall be a bishop of each convocation of the ACNA.
6. The bishop of a convocation must be a male presbyter in good standing of the convocation, be at least 30 years of age, meet the Scriptural requirements set forth in Timothy 3:1-7, and be firmly committed to the common theology of the congregations connected with the convocational conference.
7. The bishop of a convocation shall, subject to confirmation of his election as to his canonical fitness, be elected by the convocational conference as hereinafter provided and shall serve for a term of ten (10) years or until his successor is elected. The bishop of a convocation shall be eligible for reelection to the office of bishop of the convocation for two additional terms of ten (10) years each provided that no bishop of a convocation may serve beyond the mandatory retirement age of 72.
8. In the event of a vacancy in the office of bishop of a convocation the standing committee of the convocational conference shall notify the Bishop Primus of the vacancy, and the Bishop Primus shall notify the other bishops of the ACNA.
9. Episcopal assistance during a vacancy in the office of bishop of a convocation may be provided by the bishop of another convocation at the request of the Bishop Primus and with the concurrence of the standing committee of the convocational conference.
10. The election of a bishop may be held at any meeting of the convocational conference, provided that at least six (6) weeks’ notice of such election is given in accordance with the ordinances of the convocation.
11. At the meeting of the convocational conference at which the election of a bishop is held, the outgoing bishop of the convocation shall preside. In the absence of the outgoing bishop of the convocation due to death or incapacity, the chairman of the standing committee of the convocational conference shall preside.
12. Until the convocational conference by ordinance otherwise prescribes, in order to constitute a quorum for the election of the bishop of a convocation, there must be present a quorum of two-thirds (2/3) of the clergy entitled to sit as voting members in the convocational conference, and one or more elected lay delegates from at least two-thirds (2/3) of the congregations connected with the convocational conference.
13. The election of the bishop of a convocation shall be by written ballot and the vote shall be taken by orders, and concurrent majority of both orders on the same ballot shall be necessary to elect.
14. Upon completion of the election the convocation conference shall send a notice to the other bishops of the ACNA certifying the election of the bishop-elect or assistant bishop-elect, accompanied by such other information as the other bishops of the ACNA may require to determine the canonical fitness of the election of the bishop-elect or assistant bishop-elect based upon an extensive knowledge of the person.
15. The bishops of the ACNA confirm the election of the bishop-elect or assistant bishop-elect by a simple majority. This confirmation may be conducted during a meeting in full of the bishops of the ACNA, by secret ballot, or by mail or email, as a written vote sent to the Bishop Primus who
shall receive it in strictest confidence and shall notify each bishop of the ACNA of the final result.
16. If the bishops of the ACNA do not confirm the election of the bishop-elect or assistant bishop-elect of a convocation, the convocational conference of the convocation shall have the right to ask them to reconsider their decision. If the bishops of the ACNA do not subsequently confirm the election of the bishop-elect or assistant bishop-elect of a convocation, the convocational conference shall conduct a new election.
17. (1) The bishop of a convocation shall have the following functions:
(a) To exercise general pastoral care, leadership, and supervision over the congregations and congregations in formation connected with the convocational conference in accordance with the Constitution and canons of the ACNA, the constitution and ordinances of the convocation, and any other rules and regulations made under the provisions of the same;
(b) To call meetings of the convocational conference and standing committee of the convocational conference and to preside at such meetings;
(c) To nominate and/or appoint persons to such offices or positions as authorized by the Constitution and canons of the ACNA or the constitution and ordinances of the conference;
(d) To confirm baptized persons who are members of a congregation connected with the convocation or a congregation in formation constituted by the bishop of the convocation and who desire to make a profession of their faith in Jesus Christ in the presence of that congregation or congregation in formation and the bishop of the convocation and to receive the prayers of the congregation or congregation in formation and its bishop;
(e) To ordain deacons and presbyters;
(f) To license deacons and presbyters who desire to exercise their ministry in one of the congregations connected with the convocation conference;
(g) To receive ordained ministers from other Anglican entities and Christian fellowships;
(h) To license and commission catechists, evangelists, and readers to serve the convocation and the congregations connected with the convocational conference;
(i) To represent the convocation in its relations with the other convocations of the ACNA and other Anglican entities and Christian fellowships;
(j) To perform such other duties as may be entrusted to him by the constitution or ordinances of the convocation.
(2) The bishop of a convocation may authorize alternative services, deviations to the order of services, and occasional offices provided that the doctrine and liturgical usages of such alternative services, deviations to the order of services, and occasional offices conform to the doctrine and liturgical usages of the Book of Common Prayer of 1662 and the Ordinal attached to the same, and to the doctrine of the Thirty Nine Articles of 1562, where applicable.
6. The bishop of a convocation must be a male presbyter in good standing of the convocation, be at least 30 years of age, meet the Scriptural requirements set forth in Timothy 3:1-7, and be firmly committed to the common theology of the congregations connected with the convocational conference.
7. The bishop of a convocation shall, subject to confirmation of his election as to his canonical fitness, be elected by the convocational conference as hereinafter provided and shall serve for a term of ten (10) years or until his successor is elected. The bishop of a convocation shall be eligible for reelection to the office of bishop of the convocation for two additional terms of ten (10) years each provided that no bishop of a convocation may serve beyond the mandatory retirement age of 72.
8. In the event of a vacancy in the office of bishop of a convocation the standing committee of the convocational conference shall notify the Bishop Primus of the vacancy, and the Bishop Primus shall notify the other bishops of the ACNA.
9. Episcopal assistance during a vacancy in the office of bishop of a convocation may be provided by the bishop of another convocation at the request of the Bishop Primus and with the concurrence of the standing committee of the convocational conference.
10. The election of a bishop may be held at any meeting of the convocational conference, provided that at least six (6) weeks’ notice of such election is given in accordance with the ordinances of the convocation.
11. At the meeting of the convocational conference at which the election of a bishop is held, the outgoing bishop of the convocation shall preside. In the absence of the outgoing bishop of the convocation due to death or incapacity, the chairman of the standing committee of the convocational conference shall preside.
12. Until the convocational conference by ordinance otherwise prescribes, in order to constitute a quorum for the election of the bishop of a convocation, there must be present a quorum of two-thirds (2/3) of the clergy entitled to sit as voting members in the convocational conference, and one or more elected lay delegates from at least two-thirds (2/3) of the congregations connected with the convocational conference.
13. The election of the bishop of a convocation shall be by written ballot and the vote shall be taken by orders, and concurrent majority of both orders on the same ballot shall be necessary to elect.
14. Upon completion of the election the convocation conference shall send a notice to the other bishops of the ACNA certifying the election of the bishop-elect or assistant bishop-elect, accompanied by such other information as the other bishops of the ACNA may require to determine the canonical fitness of the election of the bishop-elect or assistant bishop-elect based upon an extensive knowledge of the person.
15. The bishops of the ACNA confirm the election of the bishop-elect or assistant bishop-elect by a simple majority. This confirmation may be conducted during a meeting in full of the bishops of the ACNA, by secret ballot, or by mail or email, as a written vote sent to the Bishop Primus who
shall receive it in strictest confidence and shall notify each bishop of the ACNA of the final result.
16. If the bishops of the ACNA do not confirm the election of the bishop-elect or assistant bishop-elect of a convocation, the convocational conference of the convocation shall have the right to ask them to reconsider their decision. If the bishops of the ACNA do not subsequently confirm the election of the bishop-elect or assistant bishop-elect of a convocation, the convocational conference shall conduct a new election.
17. (1) The bishop of a convocation shall have the following functions:
(a) To exercise general pastoral care, leadership, and supervision over the congregations and congregations in formation connected with the convocational conference in accordance with the Constitution and canons of the ACNA, the constitution and ordinances of the convocation, and any other rules and regulations made under the provisions of the same;
(b) To call meetings of the convocational conference and standing committee of the convocational conference and to preside at such meetings;
(c) To nominate and/or appoint persons to such offices or positions as authorized by the Constitution and canons of the ACNA or the constitution and ordinances of the conference;
(d) To confirm baptized persons who are members of a congregation connected with the convocation or a congregation in formation constituted by the bishop of the convocation and who desire to make a profession of their faith in Jesus Christ in the presence of that congregation or congregation in formation and the bishop of the convocation and to receive the prayers of the congregation or congregation in formation and its bishop;
(e) To ordain deacons and presbyters;
(f) To license deacons and presbyters who desire to exercise their ministry in one of the congregations connected with the convocation conference;
(g) To receive ordained ministers from other Anglican entities and Christian fellowships;
(h) To license and commission catechists, evangelists, and readers to serve the convocation and the congregations connected with the convocational conference;
(i) To represent the convocation in its relations with the other convocations of the ACNA and other Anglican entities and Christian fellowships;
(j) To perform such other duties as may be entrusted to him by the constitution or ordinances of the convocation.
(2) The bishop of a convocation may authorize alternative services, deviations to the order of services, and occasional offices provided that the doctrine and liturgical usages of such alternative services, deviations to the order of services, and occasional offices conform to the doctrine and liturgical usages of the Book of Common Prayer of 1662 and the Ordinal attached to the same, and to the doctrine of the Thirty Nine Articles of 1562, where applicable.
ASSISTANT BISHOPS
18. There shall be such number of assistant bishops of each convocation of the ACNA as shall be determined by the constitution or ordinances of the convocation provided that such number of assistant bishops shall not exceed five (5).
19. An assistant bishop must be a male presbyter in good standing of the convocation, be at least 30 years of age, meet the Scriptural requirements set forth in Timothy 3:1-7, and be firmly committed to the common theology of the congregations connected with the Convocation Conference.
20. Subject to confirmation of his election as to his canonical fitness, an assistant bishop shall be elected by the convocational conference in the same manner as the bishop of the convocation.
An assistant bishop of a convocation shall serve for a term of ten (10) years or until his successor is elected and shall be eligible for reelection to the office of assistant bishop for two additional terms of ten (10) years each provided that no assistant bishop may serve beyond the mandatory retirement age of 72.
21. An assistant bishop of a convocation shall have such functions, powers, and duties as may be assigned to him by the bishop of the convocation or prescribed by the constitution and ordinances of the convocation.
22. Episcopal assistance during a vacancy in the office of an assistant bishop of a convocation shall normally be provided by the bishop of the affected convocation or by another assistant bishop of the convocation at the request of the bishop of the convocation.
23. The vote of the bishops of the ACNA confirming the election of the assistant bishop-elect of a convocation shall include the votes of the bishop and any other assistant bishops of the convocation affected.
19. An assistant bishop must be a male presbyter in good standing of the convocation, be at least 30 years of age, meet the Scriptural requirements set forth in Timothy 3:1-7, and be firmly committed to the common theology of the congregations connected with the Convocation Conference.
20. Subject to confirmation of his election as to his canonical fitness, an assistant bishop shall be elected by the convocational conference in the same manner as the bishop of the convocation.
An assistant bishop of a convocation shall serve for a term of ten (10) years or until his successor is elected and shall be eligible for reelection to the office of assistant bishop for two additional terms of ten (10) years each provided that no assistant bishop may serve beyond the mandatory retirement age of 72.
21. An assistant bishop of a convocation shall have such functions, powers, and duties as may be assigned to him by the bishop of the convocation or prescribed by the constitution and ordinances of the convocation.
22. Episcopal assistance during a vacancy in the office of an assistant bishop of a convocation shall normally be provided by the bishop of the affected convocation or by another assistant bishop of the convocation at the request of the bishop of the convocation.
23. The vote of the bishops of the ACNA confirming the election of the assistant bishop-elect of a convocation shall include the votes of the bishop and any other assistant bishops of the convocation affected.
COMMISSARIES
24. (1) The bishop of a convocation may appoint one or more commissaries to carry out his duties in his absence.
(2) If a bishop of a convocation intends to be absent from North America for a period exceeding thirty (30) days, he shall inform the standing committee of the convocational conference or the chancellor of the convocation in advance and shall specify in writing the powers and duties that he has entrusted to each commissary that he has appointed.
(2) If a bishop of a convocation intends to be absent from North America for a period exceeding thirty (30) days, he shall inform the standing committee of the convocational conference or the chancellor of the convocation in advance and shall specify in writing the powers and duties that he has entrusted to each commissary that he has appointed.
THE BISHOP PRIMUS
25. There shall be a primate of the ACNA who shall be known as the Bishop Primus of the Anglican Church in North America, hereinafter referred to as the Bishop Primus.
26. The Bishop Primus shall be a member in good standing of the House of Bishops.
27.The Bishop Primus shall be elected by the House of Bishops. The Bishop Primus shall hold office for a term of five years or until his successor is elected. The Bishop Primus may be reelected for one additional term of five years provided that no Bishop Primus may serve beyond the mandatory retirement age of 72.
28. During any vacancy in the office or incapacity of the Bishop Primus or during his absence from North America for a period exceeding thirty days, the authorities, powers, rights, and duties of the Bishop Primus under this Constitution shall be exercised by the senior bishop of the ACNA at the time in North America able and willing to act. Seniority in every case shall be determined by the date of consecration.
26. The Bishop Primus shall be a member in good standing of the House of Bishops.
27.The Bishop Primus shall be elected by the House of Bishops. The Bishop Primus shall hold office for a term of five years or until his successor is elected. The Bishop Primus may be reelected for one additional term of five years provided that no Bishop Primus may serve beyond the mandatory retirement age of 72.
28. During any vacancy in the office or incapacity of the Bishop Primus or during his absence from North America for a period exceeding thirty days, the authorities, powers, rights, and duties of the Bishop Primus under this Constitution shall be exercised by the senior bishop of the ACNA at the time in North America able and willing to act. Seniority in every case shall be determined by the date of consecration.
MEETINGS OF THE HOUSE OF BISHOPS
29. The members of the House of Bishops may apart from their meetings as a House of Bishops of the Governing Body meet from time to time for the discharge of the functions assigned to a meeting of them under this Constitution.
30. Such a meeting of the said bishops shall be convened by the Bishop Primus on his own initiative or at the request in writing of not less than one-third of the bishops, and shall have power to regulate its own business.
31. The presence of at least one-half of the said bishops shall be necessary to constitute such a meeting of the bishops for the discharge of its functions under this Constitution.
32. A certificate signed by the Bishop Primus or bishop presiding in the absence of the Bishop Primus and purporting to state a decision of such a meeting of the bishops or the votes of individual bishops shall be evidence of the matters so stated.
30. Such a meeting of the said bishops shall be convened by the Bishop Primus on his own initiative or at the request in writing of not less than one-third of the bishops, and shall have power to regulate its own business.
31. The presence of at least one-half of the said bishops shall be necessary to constitute such a meeting of the bishops for the discharge of its functions under this Constitution.
32. A certificate signed by the Bishop Primus or bishop presiding in the absence of the Bishop Primus and purporting to state a decision of such a meeting of the bishops or the votes of individual bishops shall be evidence of the matters so stated.
CHAPTER IV: OF THE GOVERNING BODY
COMPOSITION AND PROCEDURE
COMPOSITION AND PROCEDURE
33. The Governing Body of the ACNA, hereinafter called the Governing Body, shall consist of three Houses, namely: the House of Bishops, the House of Clergy, and the House of Laity.
The three houses shall sit together in the Governing Body and shall deliberate and transact business therein and shall vote together unless a vote by houses is required by not less than five members of the House of Bishops or by ten members of the House of Clergy, or by ten members of the House of Laity.
In the event of a vote by houses being required, all questions shall be put first to the House of Laity, then to the House of Clergy, and finally to the House of Bishops and no question shall be deemed to be resolved in the affirmative by the Governing Body unless it is so resolved by a vote of the majority of those present in each of the three houses.
A house by a majority of its members voting may decide to consider separately any matter in debate whereupon further discussion of the matter shall be postponed until there has been an opportunity of separate consideration.
The person who holds office as General Secretary or Treasurer of the Governing Body shall be entitled to attend the meetings of the General Synod and shall be entitled to propose motions and speak. However, unless such a person is otherwise a member of the General Synod, that person shall not be permitted to vote nor to be counted in a quorum.
34. The House of Bishops shall consist of the Bishop Primus and the bishops and the assistant bishops of the convocations of the ACNA.
35. The House of Clergy shall consist of six (6) elected clerical representatives from each convocation, who shall be elected by the clerical members of the convocational conference.
Each convocation shall be entitled to one (1) additional elected clerical representatives for each 400 additional baptized members of the congregations connected with the convocational conference, or major part thereof, or such other number as may from time to time be prescribed by canon, provided that the total number of clerical elected representatives from all the convocations of the ACNA shall not exceed one half of the total number of elected lay representatives from all the convocations of the ACNA.
36. The House of Laity shall consist of twelve (12) elected lay representatives from each convocation, who shall be elected by the lay members of the convocational conference.
Each convocation shall be entitled to three (3) additional elected lay representatives for each 400 additional baptized members of the congregations connected with the convocational conference, or major part thereof, or such other number as may from time to time be prescribed by canon.
37. Every deacon and every presbyter who holds a license from the bishop of a convocation or holds an office in a convocation shall be eligible to be an elected clerical representative to the Governing Body for that convocation.
38. Every baptized lay person who is at least eighteen (18) years of age and who is a member of a congregation connected with a convocation shall be eligible to be elected a lay representative Governing Body for that convocation.
39. Every person elected a clerical or lay representative to Governing Body shall serve for a term of three (3) years or until his or her successor is elected.
40. Every retiring clerical or lay representative to the Governing Body shall be eligible for reelection as a clerical or lay representative to the Governing Body.
41. Vacancies in the number of elected clerical and lay representatives to the Governing Body for a convocation shall occur and be filled in such manner as the convocational conference by ordinance shall prescribe.
42. The bishop of each convocation shall certify and transmit to the Bishop Primus a list of names and addresses of the clerical and lay representatives of the convocation.
In the event of any change in the representation of a convocation the bishop shall certify and transmit to the Bishop Primus a supplementary list showing the change.
Any list or supplementary list so certified shall be evidence that a representative therein named is entitled to be such representative unless a
subsequent list shows that he has ceased to be a representative.
43. The Governing Body in such manner as it may deem proper may determine whether any person who claims to be a member of the Governing Body or of any house is entitled to be a member thereof and whether he has been duly and lawfully elected, appointed, or summoned to the Governing Body.
44. (1) The Governing Body may proceed to the dispatch of business notwithstanding the failure of any convocation to provide for its representation in the Governing Body and notwithstanding a vacancy in the office of Bishop Primus or bishop of a convocation.
(2) No canon, rule, act, or exercise of power of the Governing Body shall be vitiated by reason only of the fact that any person to be elected, appointed, or summoned to the Governing Body has not been elected or summoned, or by reason only of any informality with respect of the election or summoning.
45. The Bishop Primus or in his absence the senior bishop of the ACNA present and willing and able to act shall be President of the House of Bishops and of the Governing Body. Seniority in every case shall be determined by the date of consecration.
The Bishop Primus may take part in any discussion and vote on any question.
The Bishop Primus may, at any time during a meeting of the House of Bishops, or of the Governing Body, call upon the senior bishop of the ACNA present to preside, temporarily, at the meeting, whether or not the Bishop Primus is present at the meeting.
46. Until the Governing Body otherwise prescribes the presence of at least seven members of the House of Bishops and at least fifteen members of the House of Clergy representing not less than seven convocations and of at least fifteen members of the House of Laity representing not less than seven convocations shall be necessary to constitute a quorum of the Governing Body for the exercise of its powers.
47. At each session of the Governing Body the House of Clergy and the House of Laity shall elect its own Prolocutor and such other officers as it considers necessary.
The three houses shall sit together in the Governing Body and shall deliberate and transact business therein and shall vote together unless a vote by houses is required by not less than five members of the House of Bishops or by ten members of the House of Clergy, or by ten members of the House of Laity.
In the event of a vote by houses being required, all questions shall be put first to the House of Laity, then to the House of Clergy, and finally to the House of Bishops and no question shall be deemed to be resolved in the affirmative by the Governing Body unless it is so resolved by a vote of the majority of those present in each of the three houses.
A house by a majority of its members voting may decide to consider separately any matter in debate whereupon further discussion of the matter shall be postponed until there has been an opportunity of separate consideration.
The person who holds office as General Secretary or Treasurer of the Governing Body shall be entitled to attend the meetings of the General Synod and shall be entitled to propose motions and speak. However, unless such a person is otherwise a member of the General Synod, that person shall not be permitted to vote nor to be counted in a quorum.
34. The House of Bishops shall consist of the Bishop Primus and the bishops and the assistant bishops of the convocations of the ACNA.
35. The House of Clergy shall consist of six (6) elected clerical representatives from each convocation, who shall be elected by the clerical members of the convocational conference.
Each convocation shall be entitled to one (1) additional elected clerical representatives for each 400 additional baptized members of the congregations connected with the convocational conference, or major part thereof, or such other number as may from time to time be prescribed by canon, provided that the total number of clerical elected representatives from all the convocations of the ACNA shall not exceed one half of the total number of elected lay representatives from all the convocations of the ACNA.
36. The House of Laity shall consist of twelve (12) elected lay representatives from each convocation, who shall be elected by the lay members of the convocational conference.
Each convocation shall be entitled to three (3) additional elected lay representatives for each 400 additional baptized members of the congregations connected with the convocational conference, or major part thereof, or such other number as may from time to time be prescribed by canon.
37. Every deacon and every presbyter who holds a license from the bishop of a convocation or holds an office in a convocation shall be eligible to be an elected clerical representative to the Governing Body for that convocation.
38. Every baptized lay person who is at least eighteen (18) years of age and who is a member of a congregation connected with a convocation shall be eligible to be elected a lay representative Governing Body for that convocation.
39. Every person elected a clerical or lay representative to Governing Body shall serve for a term of three (3) years or until his or her successor is elected.
40. Every retiring clerical or lay representative to the Governing Body shall be eligible for reelection as a clerical or lay representative to the Governing Body.
41. Vacancies in the number of elected clerical and lay representatives to the Governing Body for a convocation shall occur and be filled in such manner as the convocational conference by ordinance shall prescribe.
42. The bishop of each convocation shall certify and transmit to the Bishop Primus a list of names and addresses of the clerical and lay representatives of the convocation.
In the event of any change in the representation of a convocation the bishop shall certify and transmit to the Bishop Primus a supplementary list showing the change.
Any list or supplementary list so certified shall be evidence that a representative therein named is entitled to be such representative unless a
subsequent list shows that he has ceased to be a representative.
43. The Governing Body in such manner as it may deem proper may determine whether any person who claims to be a member of the Governing Body or of any house is entitled to be a member thereof and whether he has been duly and lawfully elected, appointed, or summoned to the Governing Body.
44. (1) The Governing Body may proceed to the dispatch of business notwithstanding the failure of any convocation to provide for its representation in the Governing Body and notwithstanding a vacancy in the office of Bishop Primus or bishop of a convocation.
(2) No canon, rule, act, or exercise of power of the Governing Body shall be vitiated by reason only of the fact that any person to be elected, appointed, or summoned to the Governing Body has not been elected or summoned, or by reason only of any informality with respect of the election or summoning.
45. The Bishop Primus or in his absence the senior bishop of the ACNA present and willing and able to act shall be President of the House of Bishops and of the Governing Body. Seniority in every case shall be determined by the date of consecration.
The Bishop Primus may take part in any discussion and vote on any question.
The Bishop Primus may, at any time during a meeting of the House of Bishops, or of the Governing Body, call upon the senior bishop of the ACNA present to preside, temporarily, at the meeting, whether or not the Bishop Primus is present at the meeting.
46. Until the Governing Body otherwise prescribes the presence of at least seven members of the House of Bishops and at least fifteen members of the House of Clergy representing not less than seven convocations and of at least fifteen members of the House of Laity representing not less than seven convocations shall be necessary to constitute a quorum of the Governing Body for the exercise of its powers.
47. At each session of the Governing Body the House of Clergy and the House of Laity shall elect its own Prolocutor and such other officers as it considers necessary.
SESSIONS
48. Until the Governing Body by canon otherwise prescribes:-
(a) Ordinary sessions of the Governing Body shall be held at intervals not exceeding three years, and at such time and place as the Governing Body may by resolution appoint or failing any such resolution then as the Standing Committee of the Governing Body may by resolution appoint provided that the Standing Committee of the Governing Body may on grounds of emergency or other special grounds by resolution defer the summoning of the Governing Body for a period exceeding three years from the previous Governing Body but not exceeding twelve months from the date of such resolution and may do so from time to time provided further that the Governing Body shall meet at least once in every six years.
(b) A special session of the Governing Body shall be convened by the Bishop Primus at the request in writing of not less than one-half of the members of the House of Bishops or of one-third of the members of the House of Clergy or of one-third of the members of the House of Laity or upon a resolution of the Standing Committee of the Governing Body.
Each request made by members of the House of Bishops, of the House of
Clergy or of the House of Laity as aforesaid shall have attached thereto or
incorporated therein the bills for canons, rules, statements and resolutions and specify any other business which those who make the request require the
synod to consider at such special session.
(c) At least four months before the time for any ordinary or special session of the Governing Body the Bishop Primus shall by mandate under his hand and seal (bearing the date on which the mandate was signed and sealed, as aforesaid) summon the bishops of the convocations, and require them to convene the prescribed number of clerical and lay representatives of their respective convocations at the appointed time and place.
(d) The procedure and powers of the Governing Body in a special and an ordinary session shall be the same, provided that in a special session no business other than the business specified in the mandate, the conduct of such business, and matters of procedure shall be transacted.
(e) The mandate for a special session shall:
(i) be accompanied by a copy of the bills for canons, rules, statements and
resolutions and specify any other business attached to or incorporated
in the request for such special session, and
(ii) be accompanied by a schedule listing such business which the Bishop Primus or the Standing Committee of the Governing Body decide should be considered at the special session.
(a) Ordinary sessions of the Governing Body shall be held at intervals not exceeding three years, and at such time and place as the Governing Body may by resolution appoint or failing any such resolution then as the Standing Committee of the Governing Body may by resolution appoint provided that the Standing Committee of the Governing Body may on grounds of emergency or other special grounds by resolution defer the summoning of the Governing Body for a period exceeding three years from the previous Governing Body but not exceeding twelve months from the date of such resolution and may do so from time to time provided further that the Governing Body shall meet at least once in every six years.
(b) A special session of the Governing Body shall be convened by the Bishop Primus at the request in writing of not less than one-half of the members of the House of Bishops or of one-third of the members of the House of Clergy or of one-third of the members of the House of Laity or upon a resolution of the Standing Committee of the Governing Body.
Each request made by members of the House of Bishops, of the House of
Clergy or of the House of Laity as aforesaid shall have attached thereto or
incorporated therein the bills for canons, rules, statements and resolutions and specify any other business which those who make the request require the
synod to consider at such special session.
(c) At least four months before the time for any ordinary or special session of the Governing Body the Bishop Primus shall by mandate under his hand and seal (bearing the date on which the mandate was signed and sealed, as aforesaid) summon the bishops of the convocations, and require them to convene the prescribed number of clerical and lay representatives of their respective convocations at the appointed time and place.
(d) The procedure and powers of the Governing Body in a special and an ordinary session shall be the same, provided that in a special session no business other than the business specified in the mandate, the conduct of such business, and matters of procedure shall be transacted.
(e) The mandate for a special session shall:
(i) be accompanied by a copy of the bills for canons, rules, statements and
resolutions and specify any other business attached to or incorporated
in the request for such special session, and
(ii) be accompanied by a schedule listing such business which the Bishop Primus or the Standing Committee of the Governing Body decide should be considered at the special session.
RECORDS AND SEAL
49. The proceedings of the Governing Body shall be duly recorded and be authenticated by the signature of the President.
Every canon of Governing Body shall be printed in duplicate, and each duplicate shall be certified as correct by the President, the chairman of committees and the secretaries of the Governing Body, authenticated by the official seal, and filed in books.
50. (1) The Governing Body shall have an official seal, which shall be judicially noted. The seal shall not be used to authenticate any canon, rule, resolution instrument, or document or any copy thereof except upon a resolution of the Governing Body or of the Standing Committee of the Governing Body and by and in the presence of at least three members of the said Committee.
(2) Any canon, rule, resolution, instrument, or document authenticated by the official seal shall be admissible in evidence without further proof.
A document purporting to be a copy of any canon rule or resolution so authenticated and purporting to be certified by at least three members of the Standing Committee of the Governing Body as a true copy shall be evidence of the canon, rule, or resolution and be admissible in evidence without further proof.
Every canon of Governing Body shall be printed in duplicate, and each duplicate shall be certified as correct by the President, the chairman of committees and the secretaries of the Governing Body, authenticated by the official seal, and filed in books.
50. (1) The Governing Body shall have an official seal, which shall be judicially noted. The seal shall not be used to authenticate any canon, rule, resolution instrument, or document or any copy thereof except upon a resolution of the Governing Body or of the Standing Committee of the Governing Body and by and in the presence of at least three members of the said Committee.
(2) Any canon, rule, resolution, instrument, or document authenticated by the official seal shall be admissible in evidence without further proof.
A document purporting to be a copy of any canon rule or resolution so authenticated and purporting to be certified by at least three members of the Standing Committee of the Governing Body as a true copy shall be evidence of the canon, rule, or resolution and be admissible in evidence without further proof.
CHAPTER V: OF THE POWERS OF THE GOVERNING BODY
51. Subject to the terms of this Constitution the Governing Body may make canons, rules, and resolutions relating to the order and good government of the ACNA including canons in respect of ritual, ceremonial and discipline and make statements as to the faith of the ACNA and declare its view on any matter affecting the ACNA or affecting spiritual, moral or social welfare, and may take such steps as may be necessary or expedient in furtherance of union with other Anglican entities and Christian fellowships.
52. (1) A canon shall be made by a bill passed by the Governing Body in accordance with the Governing Body's standing orders provided that -
(i) the bill shall have been circulated to each convocation at least three months before the first day of the session of the Governing Body at which the bill is to be presented, provided that the Standing Committee of the Governing Body may allow a shorter period of notice but not less
than one month and provided further that the Governing Body by an affirmative vote in each house of at least three-fourths of the members present may declare a bill to be a matter of urgency and permit it to be included in the agenda without previous notice, and
(ii) a special bill shall follow the procedure prescribed in section 53.
(2) The authentication of a canon in accordance with section 49 is conclusive evidence that the requirements of this section have been complied with.
53. (1) A bill (not being a bill for a canon to alter this Constitution) which deals with or concerns the ritual, ceremonial, discipline, or ordained ministry of the ACNA shall follow the procedure of this section as a special bill unless, at any time before it votes on a motion that the bill do pass, the Governing Body by votes of at least three-fourths of the members present in each house decides that it need not proceed as a special bill.
(2) In the case of any other bill (not being a bill for a canon to alter this Constitution) if, at any time before it votes on a motion that the bill do pass, not less than twenty-five members of the Governing Body petition the President that the bill should be treated as a special bill the President shall put to the Governing Body the motion that it be so treated and if the Governing Body so decides the bill shall be dealt with as a special bill.
(3) A special bill shall be dealt with as other bills are dealt with subject to the following qualifications -
(i) A motion that the bill do pass shall be deemed not to be agreed to unless it is agreed to by at least two-thirds of the members of each of the three houses present; upon such a motion being so agreed to the special bill shall stand as a canon provisionally made.
(ii) The provisional canon shall then be referred to the convocational conference of each convocation for its consideration and each convocational conference shall submit to the President within a period specified by canon or by the provisional canon its assent to or dissent from the provisional canon together with such report and recommendation as it may think fit.
(iii) If every convocational conference reports that it assents to the provisional canon the President shall so declare and thereupon it shall be a canon duly passed otherwise the reports and recommendations received from the convocational conferences shall be presented to the Governing Body and the provisional canon shall be presented to the Governing Body as if it were a bill.
(iv) If a subsequent motion that the bill do pass is agreed to by at least two thirds of the members of each of the three houses present it shall be a canon duly passed unless the Governing Body, immediately before the vote is taken, by a majority of the three houses voting together shall resolve that it shall be a provisional canon only, whereupon the procedure
given above shall again be followed.
54. (1) For the purposes of this section -
(a) "Act" means a canon, provisional canon, rule, resolution or statement made by the Governing Body notwithstanding that the canon, the provisional canon, the rule, the resolution or the statement is or may be in whole or in part void; and
(b) "Proposal" means any proposal that the Governing Body make a canon or a rule or a statement or that the Governing Body pass a resolution, being a proposal of which notice has been given to the Governing Body in accordance with any requirements applicable thereto (notwithstanding that consideration may or may not have been given to the proposal by
the Governing Body) but does not include an Act.
(2) A reference under this section to the Appellate Tribunal may be made by -
(a) twenty-five members of the Governing Body; or
(b) one third of the members of the House of Bishops; or
(c) one third of the members of the House of Clergy; or
(d) one third of the members of the House of Laity; or
(e) the Bishop Primus.
(3) A reference under this section to the Appellate Tribunal shall:
(a) be in writing addressed to the President of the Appellate Tribunal;
(b) identify the Act or Proposal to which the reference relates;
(c) state the question which is or the questions which are to be considered
by the Appellate Tribunal;
(d) be signed by the Bishop Primus or the other persons making the same; and
(e) except in the case of a reference by the Bishop Primus, be delivered to the Bishop Primus.
(4) The questions which may be stated in a reference under this Section to the Appellate Tribunal are:
Is any part of the Act or Proposal identified in the reference inconsistent with the Fundamental Declarations?
Does any part of the Act or Proposal identified in the reference deal with or
concern or affect the ritual, ceremonial, discipline, or ordained ministry of this Church?
(5) If a reference is made under this section to the Appellate Tribunal in relation to a Proposal, the Proposal may become an Act thereafter but the Act shall have no effect prior to the date on which the Appellate Tribunal delivers to the Bishop Primus its answer to the question or questions in the reference.
(6) Subject to sub-section (7) the Appellate Tribunal shall:
(a) give its opinion or determination with respect to a reference made to it
under this section;
(b) where a question is answered in the affirmative –
(i) incorporate in the answer particulars of each part of the Act or Proposal which caused the question to be so answered, and
(ii) where the question concerns inconsistency identify the part or parts of the Fundamental Declarations with which that part of the Act or Proposal is inconsistent;
(c) provide reasons for its decision; and
(d) deliver to the Primate its answers and the reasons for its decision.
(7) (a) The Appellate Tribunal shall in no case provide an answer in the negative except with the concurrence of at least four members, and where the question involves any question of faith, ritual, ceremonial, discipline, or ordained ministry shall not provide an answer in the negative except with the concurrence of at least two bishops and two lay members of the Appellate Tribunal; and
(b) if the Appellate Tribunal is unable to provide an answer to a question in either the affirmative or the negative the President shall so report to the Bishop Primus and advise him in writing of the reasons for that inability.
(8) The Appellate Tribunal may, with its answers and reasons:
(a) where it provides an answer in the affirmative, specify a change or changes to the Act or Proposal which, if adopted or incorporated therein, as the case may require, would permit a similar question or similar questions relating thereto to be answered in the negative, and
(b) add such comment or opinion as the members deem may be of value to the Governing Body.
52. (1) A canon shall be made by a bill passed by the Governing Body in accordance with the Governing Body's standing orders provided that -
(i) the bill shall have been circulated to each convocation at least three months before the first day of the session of the Governing Body at which the bill is to be presented, provided that the Standing Committee of the Governing Body may allow a shorter period of notice but not less
than one month and provided further that the Governing Body by an affirmative vote in each house of at least three-fourths of the members present may declare a bill to be a matter of urgency and permit it to be included in the agenda without previous notice, and
(ii) a special bill shall follow the procedure prescribed in section 53.
(2) The authentication of a canon in accordance with section 49 is conclusive evidence that the requirements of this section have been complied with.
53. (1) A bill (not being a bill for a canon to alter this Constitution) which deals with or concerns the ritual, ceremonial, discipline, or ordained ministry of the ACNA shall follow the procedure of this section as a special bill unless, at any time before it votes on a motion that the bill do pass, the Governing Body by votes of at least three-fourths of the members present in each house decides that it need not proceed as a special bill.
(2) In the case of any other bill (not being a bill for a canon to alter this Constitution) if, at any time before it votes on a motion that the bill do pass, not less than twenty-five members of the Governing Body petition the President that the bill should be treated as a special bill the President shall put to the Governing Body the motion that it be so treated and if the Governing Body so decides the bill shall be dealt with as a special bill.
(3) A special bill shall be dealt with as other bills are dealt with subject to the following qualifications -
(i) A motion that the bill do pass shall be deemed not to be agreed to unless it is agreed to by at least two-thirds of the members of each of the three houses present; upon such a motion being so agreed to the special bill shall stand as a canon provisionally made.
(ii) The provisional canon shall then be referred to the convocational conference of each convocation for its consideration and each convocational conference shall submit to the President within a period specified by canon or by the provisional canon its assent to or dissent from the provisional canon together with such report and recommendation as it may think fit.
(iii) If every convocational conference reports that it assents to the provisional canon the President shall so declare and thereupon it shall be a canon duly passed otherwise the reports and recommendations received from the convocational conferences shall be presented to the Governing Body and the provisional canon shall be presented to the Governing Body as if it were a bill.
(iv) If a subsequent motion that the bill do pass is agreed to by at least two thirds of the members of each of the three houses present it shall be a canon duly passed unless the Governing Body, immediately before the vote is taken, by a majority of the three houses voting together shall resolve that it shall be a provisional canon only, whereupon the procedure
given above shall again be followed.
54. (1) For the purposes of this section -
(a) "Act" means a canon, provisional canon, rule, resolution or statement made by the Governing Body notwithstanding that the canon, the provisional canon, the rule, the resolution or the statement is or may be in whole or in part void; and
(b) "Proposal" means any proposal that the Governing Body make a canon or a rule or a statement or that the Governing Body pass a resolution, being a proposal of which notice has been given to the Governing Body in accordance with any requirements applicable thereto (notwithstanding that consideration may or may not have been given to the proposal by
the Governing Body) but does not include an Act.
(2) A reference under this section to the Appellate Tribunal may be made by -
(a) twenty-five members of the Governing Body; or
(b) one third of the members of the House of Bishops; or
(c) one third of the members of the House of Clergy; or
(d) one third of the members of the House of Laity; or
(e) the Bishop Primus.
(3) A reference under this section to the Appellate Tribunal shall:
(a) be in writing addressed to the President of the Appellate Tribunal;
(b) identify the Act or Proposal to which the reference relates;
(c) state the question which is or the questions which are to be considered
by the Appellate Tribunal;
(d) be signed by the Bishop Primus or the other persons making the same; and
(e) except in the case of a reference by the Bishop Primus, be delivered to the Bishop Primus.
(4) The questions which may be stated in a reference under this Section to the Appellate Tribunal are:
Is any part of the Act or Proposal identified in the reference inconsistent with the Fundamental Declarations?
Does any part of the Act or Proposal identified in the reference deal with or
concern or affect the ritual, ceremonial, discipline, or ordained ministry of this Church?
(5) If a reference is made under this section to the Appellate Tribunal in relation to a Proposal, the Proposal may become an Act thereafter but the Act shall have no effect prior to the date on which the Appellate Tribunal delivers to the Bishop Primus its answer to the question or questions in the reference.
(6) Subject to sub-section (7) the Appellate Tribunal shall:
(a) give its opinion or determination with respect to a reference made to it
under this section;
(b) where a question is answered in the affirmative –
(i) incorporate in the answer particulars of each part of the Act or Proposal which caused the question to be so answered, and
(ii) where the question concerns inconsistency identify the part or parts of the Fundamental Declarations with which that part of the Act or Proposal is inconsistent;
(c) provide reasons for its decision; and
(d) deliver to the Primate its answers and the reasons for its decision.
(7) (a) The Appellate Tribunal shall in no case provide an answer in the negative except with the concurrence of at least four members, and where the question involves any question of faith, ritual, ceremonial, discipline, or ordained ministry shall not provide an answer in the negative except with the concurrence of at least two bishops and two lay members of the Appellate Tribunal; and
(b) if the Appellate Tribunal is unable to provide an answer to a question in either the affirmative or the negative the President shall so report to the Bishop Primus and advise him in writing of the reasons for that inability.
(8) The Appellate Tribunal may, with its answers and reasons:
(a) where it provides an answer in the affirmative, specify a change or changes to the Act or Proposal which, if adopted or incorporated therein, as the case may require, would permit a similar question or similar questions relating thereto to be answered in the negative, and
(b) add such comment or opinion as the members deem may be of value to the Governing Body.
9)Notwithstanding the provisions of sub-section (10) and sub-section (11) of this section, a decision of the Appellate Tribunal given in an answer pursuant to this section shall be final.
(10) An Act which is inconsistent with the Fundamental Declarations be void.
(11) An Act which deals with concerns or affects the ritual, ceremonial, discipline, or ordained ministry of the ACNA and which has not been made in accordance with the requirements of this Constitution shall, to the extent to which it so deals concerns or affects, be void.
55. Subject to the preceding section and unless the canon itself otherwise provides, a canon duly passed by the Governing Body shall come into force on and from a date appointed by the President, being not later than one calendar month from the date upon which the canon was passed. The canon as on and from the appointed date shall apply to every convocation of the ACNA and any ordinance of any convocational conference inconsistent with the canon shall to the extent of the inconsistency have no effect.
Provided that:-
(a) Any canon affecting the ritual, ceremonial, discipline, or ordained ministry of the ACNA shall be deemed to affect the order and good government of the Church within a convocation, and shall not come into force in any convocation unless and until the convocation by ordinance adopts the said canon.
(b) If the Governing Body declares that the provisions of any other canon affect the order and good government of the ACNA within a convocation, such canon shall not come into force in any convocation unless and until the convocation by ordinance adopts the said canon.
(c) The Governing Body should not so declare the convocational conference of a convocation may declare its opinion that the provisions of the said canon affect the order and good government of the Church within such convocation and notify the President within one month thereafter and then the following provisions shall apply:-
(i) If the said convocational conference declare its opinion as aforesaid within a period of two years from the date of the passing of the said canon and the Standing Committee of the Governing Body advises the President that it agrees with the said opinion the canon shall not and shall be deemed not to have come into force in such convocation unless and until it is adopted by ordinance of the convocation conference;
(ii) If the said convocational conference declare its opinion at any time after the expiration of the said period of two years and the Standing Committee of the Governing Body advises the President that it agrees with the said opinion the said canon shall cease to apply to the said convocation as from the date of the said declaration and shall not after such date again come into force in such convocation unless and until it is adopted by ordinance of the convocational conference;
(iii) If the Standing Committee of the Governing Body in either case should not so advise the President he shall refer the question raised by the said opinion to the Appellate Tribunal for its determination and unless the Appellate Tribunal determines the question in the negative the canon shall be deemed not to have come into force in the said convocation in the first case or to have force or effect in the said convocation after the date of the said declaration in the second case until the convocational conference by ordinance adopts the said canon.
(d) Any canon adopted as aforesaid by a convocational conference may by ordinance be excluded at a subsequent date.
(e) This section shall not apply and shall be deemed never to have applied to a canon to alter this Constitution.
56. (1) The Governing Body shall not make any canon or rule imposing any financial liability on any convocation except in accordance with this section.
(2) The Governing Body may by canon or rule provide for the costs, charges, and expenses in or in connection with -
(a) The carrying into effect of this Constitution;
(b) (i)The holding of the Governing Body and the conduct of its business,
(ii) The implementation of and giving effect to any canon, rule, or resolution of the Governing Body;
(c) The meetings and the conduct of the affairs of the Standing Committee of the Governing Body and any other committee, board, or commission established by the Governing Body;
(d) The sittings of the Appellate Tribunal to hear and determine any appeal, question, or matter made or referred to it and the sittings of the Special Tribunal to hear and determine any charge brought before it;
(e) The maintenance of the registry of the Bishop Primus, and traveling expenses of the Bishop Primus;
Provided that in respect of the calendar year next following an ordinary session of the Governing Body such canon or rule shall not impose any financial liability on the convocations pursuant to paragraphs (a), (b)(ii), (c) and (e) which in the aggregate exceeds an estimate of the costs, charges, and expenses for that year in connection with those matters approved by the Governing Body.
(3) Notwithstanding subsection (2), the Governing Body may make any canon or rule imposing a financial liability on any convocation of the ACNA in respect of matters not included in subsection (2) but such liability shall only be incurred by that convocation if by ordinance it assents to the same.
(4) Subject to this section, the Governing Body may by canon or rule provide for the levying of assessments on convocations of the ACNA, the method of calculating such assessments and their apportionment between the said convocations.
(5) Subject to the provisions of any canon, rule, or resolution of the Governing Body the Standing Committee of the Governing Body is empowered to determine or approve the amounts to be expended in respect of any of the matters for which the Governing Body may, in accordance with this section, impose a financial liability on a convocation.
57. (1) The Governing Body shall not make any canon or rule abridging or impairing the right of a bishop of a convocation:
a) To ordain any candidate for holy orders who is to his satisfaction pursuing an appropriate program of formation outside of a theological seminary and under the direction of a presbyter licensed by the bishop of the convocation.
b) To waive any canonical requirements for preparation for ordination and to ordain a candidate for holy orders if he is satisfied that the candidate’s prior education, theological knowledge, practical experience, emotional development, and spiritual maturity qualify the candidate for ordination.
(2) The Governing Body shall not make any canon or rule abridging or impairing the right of a convocational conference to establish and maintain schools of ministry, internship programs, and other formation programs to train, equip, and otherwise prepare persons for ordained and non-ordained ministry in the convocation.
(3) The Governing Body shall not make any canon or rule abridging or impairing the right of bishop of a convocation who does not recognize the validity of the ordination of a woman to holy orders on theological grounds:
a) Not to admit a woman as a postulant or candidate for holy orders in the convocation;
b) Not to license a woman who has been ordained in another convocation, Anglican entity, or Christian fellowship and who desires to exercise her ministry in one of the congregations connected with the convocation.
(4) Subject to the foregoing provisions, the Governing Body may make any canon or rule setting standards for ordination and licensing of clergy in the ACNA; provided that any canon or rule affecting the ordination and licensing of clergy shall be deemed to affect the good order and government of the ACNA within a convocation, and shall not come into force in any convocation unless and until the convocational conference by ordinance adopts the canon or rule.
(5) Any canon or rule adopted as aforesaid by a convocational conference may by ordinance be excluded at a subsequent date.
58. (1) The Governing Body may make rules prescribing anything necessary or convenient for carrying out and giving effect to any canon or for controlling and regulating the administration of its affairs, and in particular may make rules prescribing -
(a) The procedure for any election or appointment to be made by or under
the authority of the Governing Body to any office;
(b) The authorities, powers, rights, and duties of any officer, committee, board, or commission of the Governing Body
A rule shall be made by resolution after notice has been duly given in
accordance with the standing orders.
(2) The Governing Body may regulate the conduct of its business under standing orders or otherwise as it may deem proper.
(10) An Act which is inconsistent with the Fundamental Declarations be void.
(11) An Act which deals with concerns or affects the ritual, ceremonial, discipline, or ordained ministry of the ACNA and which has not been made in accordance with the requirements of this Constitution shall, to the extent to which it so deals concerns or affects, be void.
55. Subject to the preceding section and unless the canon itself otherwise provides, a canon duly passed by the Governing Body shall come into force on and from a date appointed by the President, being not later than one calendar month from the date upon which the canon was passed. The canon as on and from the appointed date shall apply to every convocation of the ACNA and any ordinance of any convocational conference inconsistent with the canon shall to the extent of the inconsistency have no effect.
Provided that:-
(a) Any canon affecting the ritual, ceremonial, discipline, or ordained ministry of the ACNA shall be deemed to affect the order and good government of the Church within a convocation, and shall not come into force in any convocation unless and until the convocation by ordinance adopts the said canon.
(b) If the Governing Body declares that the provisions of any other canon affect the order and good government of the ACNA within a convocation, such canon shall not come into force in any convocation unless and until the convocation by ordinance adopts the said canon.
(c) The Governing Body should not so declare the convocational conference of a convocation may declare its opinion that the provisions of the said canon affect the order and good government of the Church within such convocation and notify the President within one month thereafter and then the following provisions shall apply:-
(i) If the said convocational conference declare its opinion as aforesaid within a period of two years from the date of the passing of the said canon and the Standing Committee of the Governing Body advises the President that it agrees with the said opinion the canon shall not and shall be deemed not to have come into force in such convocation unless and until it is adopted by ordinance of the convocation conference;
(ii) If the said convocational conference declare its opinion at any time after the expiration of the said period of two years and the Standing Committee of the Governing Body advises the President that it agrees with the said opinion the said canon shall cease to apply to the said convocation as from the date of the said declaration and shall not after such date again come into force in such convocation unless and until it is adopted by ordinance of the convocational conference;
(iii) If the Standing Committee of the Governing Body in either case should not so advise the President he shall refer the question raised by the said opinion to the Appellate Tribunal for its determination and unless the Appellate Tribunal determines the question in the negative the canon shall be deemed not to have come into force in the said convocation in the first case or to have force or effect in the said convocation after the date of the said declaration in the second case until the convocational conference by ordinance adopts the said canon.
(d) Any canon adopted as aforesaid by a convocational conference may by ordinance be excluded at a subsequent date.
(e) This section shall not apply and shall be deemed never to have applied to a canon to alter this Constitution.
56. (1) The Governing Body shall not make any canon or rule imposing any financial liability on any convocation except in accordance with this section.
(2) The Governing Body may by canon or rule provide for the costs, charges, and expenses in or in connection with -
(a) The carrying into effect of this Constitution;
(b) (i)The holding of the Governing Body and the conduct of its business,
(ii) The implementation of and giving effect to any canon, rule, or resolution of the Governing Body;
(c) The meetings and the conduct of the affairs of the Standing Committee of the Governing Body and any other committee, board, or commission established by the Governing Body;
(d) The sittings of the Appellate Tribunal to hear and determine any appeal, question, or matter made or referred to it and the sittings of the Special Tribunal to hear and determine any charge brought before it;
(e) The maintenance of the registry of the Bishop Primus, and traveling expenses of the Bishop Primus;
Provided that in respect of the calendar year next following an ordinary session of the Governing Body such canon or rule shall not impose any financial liability on the convocations pursuant to paragraphs (a), (b)(ii), (c) and (e) which in the aggregate exceeds an estimate of the costs, charges, and expenses for that year in connection with those matters approved by the Governing Body.
(3) Notwithstanding subsection (2), the Governing Body may make any canon or rule imposing a financial liability on any convocation of the ACNA in respect of matters not included in subsection (2) but such liability shall only be incurred by that convocation if by ordinance it assents to the same.
(4) Subject to this section, the Governing Body may by canon or rule provide for the levying of assessments on convocations of the ACNA, the method of calculating such assessments and their apportionment between the said convocations.
(5) Subject to the provisions of any canon, rule, or resolution of the Governing Body the Standing Committee of the Governing Body is empowered to determine or approve the amounts to be expended in respect of any of the matters for which the Governing Body may, in accordance with this section, impose a financial liability on a convocation.
57. (1) The Governing Body shall not make any canon or rule abridging or impairing the right of a bishop of a convocation:
a) To ordain any candidate for holy orders who is to his satisfaction pursuing an appropriate program of formation outside of a theological seminary and under the direction of a presbyter licensed by the bishop of the convocation.
b) To waive any canonical requirements for preparation for ordination and to ordain a candidate for holy orders if he is satisfied that the candidate’s prior education, theological knowledge, practical experience, emotional development, and spiritual maturity qualify the candidate for ordination.
(2) The Governing Body shall not make any canon or rule abridging or impairing the right of a convocational conference to establish and maintain schools of ministry, internship programs, and other formation programs to train, equip, and otherwise prepare persons for ordained and non-ordained ministry in the convocation.
(3) The Governing Body shall not make any canon or rule abridging or impairing the right of bishop of a convocation who does not recognize the validity of the ordination of a woman to holy orders on theological grounds:
a) Not to admit a woman as a postulant or candidate for holy orders in the convocation;
b) Not to license a woman who has been ordained in another convocation, Anglican entity, or Christian fellowship and who desires to exercise her ministry in one of the congregations connected with the convocation.
(4) Subject to the foregoing provisions, the Governing Body may make any canon or rule setting standards for ordination and licensing of clergy in the ACNA; provided that any canon or rule affecting the ordination and licensing of clergy shall be deemed to affect the good order and government of the ACNA within a convocation, and shall not come into force in any convocation unless and until the convocational conference by ordinance adopts the canon or rule.
(5) Any canon or rule adopted as aforesaid by a convocational conference may by ordinance be excluded at a subsequent date.
58. (1) The Governing Body may make rules prescribing anything necessary or convenient for carrying out and giving effect to any canon or for controlling and regulating the administration of its affairs, and in particular may make rules prescribing -
(a) The procedure for any election or appointment to be made by or under
the authority of the Governing Body to any office;
(b) The authorities, powers, rights, and duties of any officer, committee, board, or commission of the Governing Body
A rule shall be made by resolution after notice has been duly given in
accordance with the standing orders.
(2) The Governing Body may regulate the conduct of its business under standing orders or otherwise as it may deem proper.
CHAPTER VI: COMMITTEES, BOARDS, AND COMMISSIONS
59. There shall be a Standing Committee of the Governing Body which shall consist:
(a) The bishop of each convocation;
(b) One (1) elected clerical member from each convocation;
(c) Three (3) elected lay members from each convocation;
The elected clerical representatives to the Governing Body from each convocation shall, at the first regular session of the Governing Body after their election, nominate and elect one of their number to be the clerical member of the Standing Committee of the Governing Body for their convocation.
The elected lay representatives to the Governing Body from each convocation shall, at the first regular session of the Governing Body after their election, nominate and elect three (3) of their number to be the lay members of the Standing Committee of the Governing Body for their convocation.
Except as hereinafter is otherwise provided, the clerical and lay members of the Standing Committee of the Governing Body shall hold office for a term of three years which shall begin on the date that they are elected and shall conclude upon the date that their successors are elected.
In the case of a casual vacancy in the office of clerical member of the Standing Committee of the Governing Body for a convocation the bishop of the convocation shall call a meeting of the elected clerical representatives to the Governing Body from the convocation. At such meeting the clerical representatives to the Governing Body from the convocation shall elect one of their number to fill the vacancy for the remainder of the unexpired term.
In the case of a casual vacancy in the office of lay member of the Standing Committee of the Governing Body for a convocation the bishop of the Convocation shall call a meeting of the lay representatives to the Governing Body from the convocation. At such meeting the lay representatives to the Governing Body from the convocation shall elect one of their number to fill the vacancy for the remainder of the unexpired term.
At the first meeting of the Standing Committee of the Governing Body after an ordinary session of the Governing Body, and as necessary following any vacancy in either office, the Standing Committee of the Governing Body shall elect a Chairman and Vice-Chairman from among its members. Thereafter, in the event of the absence of the Chairman and the Vice-Chairman from any meeting, the Standing Committee of the Governing Body shall appoint another member to preside at that meeting.
The Standing Committee of the Governing Body shall meet at least three times in every year, and may also be convened by the Bishop Primus if and when he thinks fit.
The seal books and records of the Governing Body shall be in the care and control of the Standing Committee of the Governing Body.
The functions, duties and powers of the Standing Committee of the Governing Body shall be those prescribed by canon or rule of the Governing Body.
60. The Governing Body shall appoint such boards of assessors as may be required for the purposes of this Constitution and may appoint any committee, board or commission, that it may deem proper for carrying out or giving effect to any canon, rule, or resolution of the Governing Body, and the following provisions of this section shall apply to a board of assessors as well as to any such committee, board, or commission.
The power to appoint under this section may be exercised by the Governing Body itself, or may be exercised by the Standing Committee of the Governing Body.
Unless otherwise provided by any canon or rule of the Governing Body -
(a) The committee, board, or commission may include or consist of persons who are not members of the Governing Body;
(b) The members of the committee, board, or commission shall be elected or
appointed and shall hold office as may be determined by resolution of the Governing Body but shall not, unless the resolution so provide, cease to be members of the committee, board, or commission by reason only of ceasing to be members of the Governing Body;
(c) The committee, board, or commission shall have such powers and duties as may be conferred or imposed by resolution of the Governing Body;
(d) The committee, board, or commission may, if the Governing Body by resolution so directs, continue to exist and to exercise and perform its powers and duties, until the expiration of the first week of the next following ordinary session of the Governing Body.
61. The Governing Body may by canon provide for the reimbursement of any reasonable expenses incurred by a member of the Standing Committee of the Governing Body or any board of assessors, committee, board, or commission appointed under the provisions of Section 60 in conjunction with the meetings and the conduct of the affairs of the Standing Committee of the Governing Body or such board of assessors, committee, board, or commission.
62. The Governing Body shall have power at any time to change its name and title.
(a) The bishop of each convocation;
(b) One (1) elected clerical member from each convocation;
(c) Three (3) elected lay members from each convocation;
The elected clerical representatives to the Governing Body from each convocation shall, at the first regular session of the Governing Body after their election, nominate and elect one of their number to be the clerical member of the Standing Committee of the Governing Body for their convocation.
The elected lay representatives to the Governing Body from each convocation shall, at the first regular session of the Governing Body after their election, nominate and elect three (3) of their number to be the lay members of the Standing Committee of the Governing Body for their convocation.
Except as hereinafter is otherwise provided, the clerical and lay members of the Standing Committee of the Governing Body shall hold office for a term of three years which shall begin on the date that they are elected and shall conclude upon the date that their successors are elected.
In the case of a casual vacancy in the office of clerical member of the Standing Committee of the Governing Body for a convocation the bishop of the convocation shall call a meeting of the elected clerical representatives to the Governing Body from the convocation. At such meeting the clerical representatives to the Governing Body from the convocation shall elect one of their number to fill the vacancy for the remainder of the unexpired term.
In the case of a casual vacancy in the office of lay member of the Standing Committee of the Governing Body for a convocation the bishop of the Convocation shall call a meeting of the lay representatives to the Governing Body from the convocation. At such meeting the lay representatives to the Governing Body from the convocation shall elect one of their number to fill the vacancy for the remainder of the unexpired term.
At the first meeting of the Standing Committee of the Governing Body after an ordinary session of the Governing Body, and as necessary following any vacancy in either office, the Standing Committee of the Governing Body shall elect a Chairman and Vice-Chairman from among its members. Thereafter, in the event of the absence of the Chairman and the Vice-Chairman from any meeting, the Standing Committee of the Governing Body shall appoint another member to preside at that meeting.
The Standing Committee of the Governing Body shall meet at least three times in every year, and may also be convened by the Bishop Primus if and when he thinks fit.
The seal books and records of the Governing Body shall be in the care and control of the Standing Committee of the Governing Body.
The functions, duties and powers of the Standing Committee of the Governing Body shall be those prescribed by canon or rule of the Governing Body.
60. The Governing Body shall appoint such boards of assessors as may be required for the purposes of this Constitution and may appoint any committee, board or commission, that it may deem proper for carrying out or giving effect to any canon, rule, or resolution of the Governing Body, and the following provisions of this section shall apply to a board of assessors as well as to any such committee, board, or commission.
The power to appoint under this section may be exercised by the Governing Body itself, or may be exercised by the Standing Committee of the Governing Body.
Unless otherwise provided by any canon or rule of the Governing Body -
(a) The committee, board, or commission may include or consist of persons who are not members of the Governing Body;
(b) The members of the committee, board, or commission shall be elected or
appointed and shall hold office as may be determined by resolution of the Governing Body but shall not, unless the resolution so provide, cease to be members of the committee, board, or commission by reason only of ceasing to be members of the Governing Body;
(c) The committee, board, or commission shall have such powers and duties as may be conferred or imposed by resolution of the Governing Body;
(d) The committee, board, or commission may, if the Governing Body by resolution so directs, continue to exist and to exercise and perform its powers and duties, until the expiration of the first week of the next following ordinary session of the Governing Body.
61. The Governing Body may by canon provide for the reimbursement of any reasonable expenses incurred by a member of the Standing Committee of the Governing Body or any board of assessors, committee, board, or commission appointed under the provisions of Section 60 in conjunction with the meetings and the conduct of the affairs of the Standing Committee of the Governing Body or such board of assessors, committee, board, or commission.
62. The Governing Body shall have power at any time to change its name and title.
CHAPTER VII. THE PROVINCES
AND PROVINCIAL CONFERENCES
PROVINCES
AND PROVINCIAL CONFERENCES
PROVINCES
63. The ACNA shall be organized into nongeographic internal provinces on the basis of theological affinity
64. A new province may be formed by any four or more convocations associating for that purpose, provided that the formation of the province is approved by ordinance of the convocational conference of each of such convocations, and ratified by canon of the Governing Body. Nevertheless the Governing Body may upon a petition preferred to it by less than four convocations declare that such petitioning convocations may proceed under this section and the same shall then apply to them accordingly.
65. A province may be altered in accordance with the constitution of the province either by an increase or by a decrease in the number of convocations forming the province, provided that the alteration shall not take effect until ratified by canon of the Governing Body.
64. A new province may be formed by any four or more convocations associating for that purpose, provided that the formation of the province is approved by ordinance of the convocational conference of each of such convocations, and ratified by canon of the Governing Body. Nevertheless the Governing Body may upon a petition preferred to it by less than four convocations declare that such petitioning convocations may proceed under this section and the same shall then apply to them accordingly.
65. A province may be altered in accordance with the constitution of the province either by an increase or by a decrease in the number of convocations forming the province, provided that the alteration shall not take effect until ratified by canon of the Governing Body.
PROVINCIAL CONFERENCES
66. (1) The constitution of a new province may provide for a provincial conference, and may contain such provisions as the convocational conference of each of the convocations to be included in the province may think fit, provided that the constitution shall not take effect until ratified by canon of the Governing Body.
(2) Notwithstanding the provisions of section 66(1), the presidency of the province shall be rotated among the convocational bishops of the province with each convocational bishop serving in turn as presiding bishop of the province for a term of five years and assuming the presidency of the province upon the expiration of the term of office of his predecessor or the death or incapacitation of his predecessor.
The order in which the convocational bishops of the province shall serve as presiding bishop of the province shall be prescribed by ordinance of the province.
67. The constitution of a province may be altered in accordance therewith, or with the consent of all the convocations of the province given by ordinance of the convocational conference of each convocation, provided that the alteration shall not take effect until ratified by canon of the Governing Body.
68. A provincial conference shall have such powers for the order and good government of the ACNA, within the province as may be prescribed by the constitution of the province.
(2) Notwithstanding the provisions of section 66(1), the presidency of the province shall be rotated among the convocational bishops of the province with each convocational bishop serving in turn as presiding bishop of the province for a term of five years and assuming the presidency of the province upon the expiration of the term of office of his predecessor or the death or incapacitation of his predecessor.
The order in which the convocational bishops of the province shall serve as presiding bishop of the province shall be prescribed by ordinance of the province.
67. The constitution of a province may be altered in accordance therewith, or with the consent of all the convocations of the province given by ordinance of the convocational conference of each convocation, provided that the alteration shall not take effect until ratified by canon of the Governing Body.
68. A provincial conference shall have such powers for the order and good government of the ACNA, within the province as may be prescribed by the constitution of the province.
CHAPTER VIII. THE CONVOCATIONS
AND CONVOCATIONAL CONFERENCES
AND CONVOCATIONAL CONFERENCES
69. The ACNA shall be organized into nongeographic convocations on the basis of theological affinity.
70. The founding convocations of the ACNA consist of:
The American Anglican Council
The Anglican Coalition in Canada
The Anglican Communion Network
The Anglican Mission in the Americas
The Anglican Network in Canada
The Convocation of Anglicans in North America
Forward in Faith – North America
The Missionary Convocation of Kenya
The Missionary Convocation of the Southern Cone
The Missionary Convocation of Uganda
The Reformed Episcopal Church
71. The founding convocations of the ACNA shall, subject to the provisions of this Constitution, continue as at the date on which this Constitution takes effect, until reformed in accordance therewith.
72. (1) A new convocation may be formed by any six or more congregations with an aggregate membership of at least 450 baptized persons, associating for that purpose, provided that the formation of the convocation is ratified by canon of the Governing Body.
(2) Nevertheless the Governing Body may upon a petition submitted to it by less than six congregations with an aggregate membership of less than 450 baptized persons declare that such petitioning congregations may proceed under this section and the same shall then apply to them accordingly.
73. Where a new convocation is formed by separation of congregations from an existing convocation or the union of congregations from two or more existing convocations, the proposal to form the new convocation may be initiated by the existing convocation or convocations concerned, or by the congregations themselves.
74. (1) A convocation may by ordinance transfer all or part of the congregations forming the convocation to the jurisdiction of another convocation and the other convocation may accept the congregations so transferred. Provided that a congregation shall not be transferred to the jurisdiction of another convocation unless the congregation, by a vote of two-third of the voting members of the congregation present at a legally called and conducted special meeting of the congregation, agrees to the transfer. As used in this section a voting member is a member of the congregation who, under the provisions of the constitution and bylaws of the congregation, is entitled to vote at the annual meeting of the congregation.
The transfer and acceptance may be made upon such terms and conditions, as may be agreed upon by ordinances made by the convocations concerned.
(2) Any transfer under this section shall not take effect until ratified by or under canon of the Governing Body.
75. The Governing Body may by canon admit to the Governing Body any convocation formed from congregations outside Canada and the United States and may upon such admission impose such terms and conditions, including the extent of representation in the House of Clergy and in the House of Laity, as the Governing Body thinks fit.
70. The founding convocations of the ACNA consist of:
The American Anglican Council
The Anglican Coalition in Canada
The Anglican Communion Network
The Anglican Mission in the Americas
The Anglican Network in Canada
The Convocation of Anglicans in North America
Forward in Faith – North America
The Missionary Convocation of Kenya
The Missionary Convocation of the Southern Cone
The Missionary Convocation of Uganda
The Reformed Episcopal Church
71. The founding convocations of the ACNA shall, subject to the provisions of this Constitution, continue as at the date on which this Constitution takes effect, until reformed in accordance therewith.
72. (1) A new convocation may be formed by any six or more congregations with an aggregate membership of at least 450 baptized persons, associating for that purpose, provided that the formation of the convocation is ratified by canon of the Governing Body.
(2) Nevertheless the Governing Body may upon a petition submitted to it by less than six congregations with an aggregate membership of less than 450 baptized persons declare that such petitioning congregations may proceed under this section and the same shall then apply to them accordingly.
73. Where a new convocation is formed by separation of congregations from an existing convocation or the union of congregations from two or more existing convocations, the proposal to form the new convocation may be initiated by the existing convocation or convocations concerned, or by the congregations themselves.
74. (1) A convocation may by ordinance transfer all or part of the congregations forming the convocation to the jurisdiction of another convocation and the other convocation may accept the congregations so transferred. Provided that a congregation shall not be transferred to the jurisdiction of another convocation unless the congregation, by a vote of two-third of the voting members of the congregation present at a legally called and conducted special meeting of the congregation, agrees to the transfer. As used in this section a voting member is a member of the congregation who, under the provisions of the constitution and bylaws of the congregation, is entitled to vote at the annual meeting of the congregation.
The transfer and acceptance may be made upon such terms and conditions, as may be agreed upon by ordinances made by the convocations concerned.
(2) Any transfer under this section shall not take effect until ratified by or under canon of the Governing Body.
75. The Governing Body may by canon admit to the Governing Body any convocation formed from congregations outside Canada and the United States and may upon such admission impose such terms and conditions, including the extent of representation in the House of Clergy and in the House of Laity, as the Governing Body thinks fit.
CONVOCATIONAL CONFERENCES
76. The constitution of each of the founding convocations of the ACNA shall subject to the provisions of this Constitution continue as at the date on which this Constitution takes effect, until altered in accordance therewith.
77. The constitution of a new convocation shall provide for the election of a convocational conference and the first bishop of the convocation and shall contain such other provisions as may be deemed necessary or convenient, whether set forth expressly or adopted by reference to the provisions set forth in a canon of the Governing Body, or adopted by reference to the provisions of the constitution of any other convocation, and whether so adopted with or without modifications and additions.
78. The constitution of a new convocation shall not take effect until ratified by or under canon of the Governing Body.
79. Each convocation shall have a convocational conference consisting of:
(a) The bishop of the convocation,
(b) Any assistant bishop or assistant bishops,
(c) The stipendiary clergy of the convocation,
(d) Any other clergy licensed by the bishop of the convocation,
(e) The elected lay delegates of the congregations connected with the convocational conference, and
(f) Any licensed catechists and readers appointed as pastors of congregations connected with the convocational conference.
Any retired clergy licensed by the bishop of the convocation at the time of their retirement shall be entitled to attend the meetings of the convocational conference and to propose motions and speak but such retired clergy shall not be entitled to vote nor to be counted in a quorum.
Any elected representatives of congregations in formation constituted by the bishop of the convocation shall be entitled attend the meetings of the convocational conference and to propose motions and speak but such elected representative shall not be entitled to vote nor to be counted in a quorum
80. The constitution of a convocation may be altered in accordance therewith or as the convocation conference may by ordinance determine in accordance with any canon of the Governing Body.
81. (1) Subject to the provisions of this Constitution the convocation conference may make ordinances for the order and good government of the ACNA within the convocation, in accordance with the powers in that behalf conferred upon it by the constitution of such convocation.
(2) No constitution of any convocation shall empower the convocational conference thereof to invade the autonomy of the congregations connected with the convocational conference and to abridge or impair the right of such congregations to acquire, own, manage, and dispose of property and funds.
77. The constitution of a new convocation shall provide for the election of a convocational conference and the first bishop of the convocation and shall contain such other provisions as may be deemed necessary or convenient, whether set forth expressly or adopted by reference to the provisions set forth in a canon of the Governing Body, or adopted by reference to the provisions of the constitution of any other convocation, and whether so adopted with or without modifications and additions.
78. The constitution of a new convocation shall not take effect until ratified by or under canon of the Governing Body.
79. Each convocation shall have a convocational conference consisting of:
(a) The bishop of the convocation,
(b) Any assistant bishop or assistant bishops,
(c) The stipendiary clergy of the convocation,
(d) Any other clergy licensed by the bishop of the convocation,
(e) The elected lay delegates of the congregations connected with the convocational conference, and
(f) Any licensed catechists and readers appointed as pastors of congregations connected with the convocational conference.
Any retired clergy licensed by the bishop of the convocation at the time of their retirement shall be entitled to attend the meetings of the convocational conference and to propose motions and speak but such retired clergy shall not be entitled to vote nor to be counted in a quorum.
Any elected representatives of congregations in formation constituted by the bishop of the convocation shall be entitled attend the meetings of the convocational conference and to propose motions and speak but such elected representative shall not be entitled to vote nor to be counted in a quorum
80. The constitution of a convocation may be altered in accordance therewith or as the convocation conference may by ordinance determine in accordance with any canon of the Governing Body.
81. (1) Subject to the provisions of this Constitution the convocation conference may make ordinances for the order and good government of the ACNA within the convocation, in accordance with the powers in that behalf conferred upon it by the constitution of such convocation.
(2) No constitution of any convocation shall empower the convocational conference thereof to invade the autonomy of the congregations connected with the convocational conference and to abridge or impair the right of such congregations to acquire, own, manage, and dispose of property and funds.
CONSENT OF CONVOCATION TO ALTERATION
82. (1) Notwithstanding any provision to the contrary contained in this Constitution or anything done thereunder the Governing Body shall not without the assent by ordinance of the convocation concerned alter or permit the alteration of –
(a) The constitution of a convocation or any of the powers, rights, or duties of the convocational conference of a convocation or of any convocational society, council, board, agency, or authority, including the rights of a convocation with regard to the election of its bishop;
(b) The qualifications or mode of election of the representatives of a convocation in the Governing Body;
(2) Except with its own assent by ordinance no convocation shall be dissolved or merged with another convocation.
83. A convocation may by ordinance of its convocational conference withdraw from the ACNA.
84. (1) A convocation may, by a vote of majority of the members of each house of the Governing Body, be suspended from membership in the ACNA for up to six (6) years for such offenses as the Governing Body shall prescribe by canon.
Provided that any canon prescribing an offense or offenses for which a convocation may be suspended from membership in the ACNA shall be a canon duly made if passed by a vote of a majority of the members of each house but the canon shall not come into effect unless and until every convocational conference of the ACNA has assented to it by ordinance and all such assents be in force at the same time.
(2) The Governing Body shall prescribe by resolution what corrective actions the suspended convocation must take during the period of suspension in order to be restored to membership in the ACNA.
(3) At the conclusion of the period of suspension the Governing Body may by a vote of majority of the members of each house of the Governing Body restore the suspended convocation to membership in the ACNA if the Governing Body is satisfied that the suspended convocation has in good faith taken the prescribed corrective actions.
Provided that if the offense of the suspended convocation involves delinquency in payment of assessments levied by the Governing Body on that convocation in accordance with the provisions of this Constitution the Standing Committee of the Governing Body by a vote of a majority of its members revoke the suspension of said convocation if the convocation pays all delinquent assessments in full.
(4) The Governing Body may, by vote of two-thirds of the members of each house, expel from membership in the ACNA a convocation suspended under the provisions of this section that has, upon completion of the period of suspension or an additional period of suspension, failed to take the prescribed corrective actions.
(5) No convocation expelled from membership in the ACNA under the provisions of this section may be readmitted to the Governing Body except by a two-third vote of the members of each house of the Governing Body and upon such terms and conditions as the Governing Body thinks fit.
(a) The constitution of a convocation or any of the powers, rights, or duties of the convocational conference of a convocation or of any convocational society, council, board, agency, or authority, including the rights of a convocation with regard to the election of its bishop;
(b) The qualifications or mode of election of the representatives of a convocation in the Governing Body;
(2) Except with its own assent by ordinance no convocation shall be dissolved or merged with another convocation.
83. A convocation may by ordinance of its convocational conference withdraw from the ACNA.
84. (1) A convocation may, by a vote of majority of the members of each house of the Governing Body, be suspended from membership in the ACNA for up to six (6) years for such offenses as the Governing Body shall prescribe by canon.
Provided that any canon prescribing an offense or offenses for which a convocation may be suspended from membership in the ACNA shall be a canon duly made if passed by a vote of a majority of the members of each house but the canon shall not come into effect unless and until every convocational conference of the ACNA has assented to it by ordinance and all such assents be in force at the same time.
(2) The Governing Body shall prescribe by resolution what corrective actions the suspended convocation must take during the period of suspension in order to be restored to membership in the ACNA.
(3) At the conclusion of the period of suspension the Governing Body may by a vote of majority of the members of each house of the Governing Body restore the suspended convocation to membership in the ACNA if the Governing Body is satisfied that the suspended convocation has in good faith taken the prescribed corrective actions.
Provided that if the offense of the suspended convocation involves delinquency in payment of assessments levied by the Governing Body on that convocation in accordance with the provisions of this Constitution the Standing Committee of the Governing Body by a vote of a majority of its members revoke the suspension of said convocation if the convocation pays all delinquent assessments in full.
(4) The Governing Body may, by vote of two-thirds of the members of each house, expel from membership in the ACNA a convocation suspended under the provisions of this section that has, upon completion of the period of suspension or an additional period of suspension, failed to take the prescribed corrective actions.
(5) No convocation expelled from membership in the ACNA under the provisions of this section may be readmitted to the Governing Body except by a two-third vote of the members of each house of the Governing Body and upon such terms and conditions as the Governing Body thinks fit.
CHAPTER IX: CONGREGATIONS
85. The congregation is the basic unit of organization and life of the ACNA and its constituent convocations.
A congregation of the ACNA is an assembly of believing Christians in which the pure Word of God is preached and the sacraments are administered with due order and discipline as ordained by Christ, and which is affiliated with the ACNA through the convocational conference with which the congregation is connected.
86. (1) Newly formed congregations, independent congregations, and congregations previously affiliated with other Anglican entities or Christian fellowships shall be admitted to a convocational conference by action of the convocational conference in accordance with procedures prescribed by the constitution and the ordinances of the convocation.
(2) Transferring congregations may be admitted to a convocational conference by action of the standing committee of a convocational conference in accordance with the procedures established by canon under the provisions of Section 95 (1).
87. All persons who are or shall become members of a congregation connected with a convocational conference of the ACNA are by virtue of their membership in such congregation members of the ACNA.
88. Congregations connected with a convocational conference are represented in the convocational conference by the pastor or pastors of the congregation and by lay delegates elected by the congregation. The number of lay delegates and alternates that each congregation shall be entitled to elect and other qualifications shall be determined by ordinance of the convocation.
Provided that each congregation connected with a convocation shall be entitled to elect at least two lay delegates and two alternatives.
89. Each congregation connected with a convocational conference shall:
(a) Regularly and faithfully preach the pure Word of God and administer the sacraments with due order and discipline as ordained by Christ;
(b) Carryout Christ’s Great Commission locally and throughout North America and the world, taking an active role in evangelism, church planting, and global missions;
(c) Endeavor to hold at least one public service of worship each week;
(d) Cultivate in its members a life of prayer and an awareness of the presence of God;
(e) Instruct persons of all ages in the faith once for delivered to the saints and in its implications for daily living;
(f) Challenge, encourage and support its members in their witness to Christ, in works of mercy and in the practice of Christian fellowship and stewardship;
(g) Train and equip its members for the work of ministry, helping them to discover and to develop the natural talents and spiritual gifts God has given them;
(h) Make adequate provision for the material needs of its pastor or pastors and other employees, including ensuring their participation, when eligible, in any benefit plan and in any pension plan established by the ACNA or the convocation conference;
(i) Contribute its share of the funds needed for the life and work of the ACNA and of the convocation;
(j) Assure that only presbyters, deacons, catechists, and readers licensed by the bishop of the convocation serve it in a pastoral capacity;
(k) Comply with the Constitution of the ACNA, the canons and rules of the Governing Body, and the constitution and ordinances of the convocation, taking no actions in conflict therewith; and
(l) Place on file in the office of the convocation a copy of its constitution and bylaws and report promptly any amendments it may adopt.
89. Congregations connected with the convocational conferences of the ACNA shall retain authority in all matters that is not specifically delegated by the Constitution and the canons of the ACNA to the Governing Body, the convocations, and any other bodies established under this Constitution.
90. (1) The autonomy of a congregation is inherent and is modifiable only by action of the congregation itself. Nothing in this Constitution and the canons of the ACNA shall destroy or limit the right of each congregation connected with a convocational conference of the ACNA to continue to operate in the way customary to it; nor shall be construed as giving to the Governing Body, or to any convocation or any other ACNA body now, or at any future time, the power to abridge or impair the autonomy of any congregation connected with a convocation conference of the ACNA in the management of its own affairs, which affairs include, but are not limited to, the right:
(a) To organize itself in the manner that the congregation deems most appropriate;
(b) To determine what Prayer Book or Prayer Books, including lawful deviations from the order of the services in the same, authorized alternative services and occasional offices, other forms of prayer, music, ceremonial, and vestments, if any, may be used in its services of public worship.
(c) To call and dismiss its own pastor or pastors after consulting with the bishop of its convocation;
(d) To determine the qualifications for membership in the congregation, the procedures for admission to membership in the congregation, and the procedures for the discipline of members of the congregation;
(e) To retain or secure its own charter, or articles of incorporation, and name;
(f) To adopt and alter its own constitution and bylaws;
(g) To formulate its own statement of faith;
(h) To elect its officers and elect or appoint its own boards, commissions, councils, and committees;
(i) To adopt its own annual budget and any supplements thereto;
(j) To develop, implement, review, and modify its own programming;
(k) To establish and maintain a distinct character of its own on the ground of theology;
(l) To associate with congregations of like theology;
(m) To acquire, own, manage and dispose of property and funds;
(n) To control its own benevolences;
(o) To transfer by its own decision from the jurisdiction of one convocation of the ACNA to the jurisdiction of another convocation of the ACNA at any time without forfeiture of ownership or control of any real or personal property owned by it; and
(p) To withdraw by its own decision from the ACNA at any time without forfeiture of ownership or control of any real or personal property owned by it.
(q) To designate in the event of its dissolution to which recipients any undisposed funds or property should be paid or distributed.
(2) A congregation connected with a convocational conference of the ACNA shall have the right to petition the convocational conference, the provincial conference if the convocation with which the congregation is connected is a member of a province, and the Governing Body of the ACNA.
91. The pastor of a newly formed congregation is normally appointed by the bishop of a convocation after consultation with the congregation.
The bishop of the convocation may, with concurrence of a congregation, appoint to be the pastor of a congregation a deacon licensed by him with the understanding that he will ordain said deacon as a presbyter when the deacon meets whatever requirements he thinks fit
The bishop of a convocation may, with concurrence of a congregation, appoint to be pastor of a congregation a catechist or reader licensed by him with the understanding that he will ordain said catechist or reader as a deacon when the catechist or reader meets whatever requirements he thinks fit.
Nothing in this section shall be construed to prevent a bishop of a convocation from appointing to be the pastor of the congregation with the concurrence of the congregation a deacon, catechist, or reader licensed by him whom he is not at the time of the appointment prepared to ordain to holy orders.
When making such appointments the bishop of a convocation shall assign a presbyter to supervise the deacon, catechist, or reader appointed to be the pastor of a congregation and to provide said deacon, catechist, or reader with direction, guidance, and mentoring.
92. The bishop of the convocation shall not appoint to be the pastor of a congregation any person whose ministry the congregation cannot in good conscience accept on ground of gender, sexual orientation, theology, or any other reasonable ground.
93. Every convocational conference shall establish by ordinance the minimum requirements that a congregation admitted to the convocational conference must meet in order to call its own pastor, provided that such ordinance shall permit a congregation to call a non-stipendiary minister if the congregation does not have the ability from its resources to pay the minimum stipend and allowances of a stipendiary minister but meets all other requirements.
94. A congregation under financial obligation to its former pastor shall make satisfactory settlement of the obligation before calling a successor.
A congregation of the ACNA is an assembly of believing Christians in which the pure Word of God is preached and the sacraments are administered with due order and discipline as ordained by Christ, and which is affiliated with the ACNA through the convocational conference with which the congregation is connected.
86. (1) Newly formed congregations, independent congregations, and congregations previously affiliated with other Anglican entities or Christian fellowships shall be admitted to a convocational conference by action of the convocational conference in accordance with procedures prescribed by the constitution and the ordinances of the convocation.
(2) Transferring congregations may be admitted to a convocational conference by action of the standing committee of a convocational conference in accordance with the procedures established by canon under the provisions of Section 95 (1).
87. All persons who are or shall become members of a congregation connected with a convocational conference of the ACNA are by virtue of their membership in such congregation members of the ACNA.
88. Congregations connected with a convocational conference are represented in the convocational conference by the pastor or pastors of the congregation and by lay delegates elected by the congregation. The number of lay delegates and alternates that each congregation shall be entitled to elect and other qualifications shall be determined by ordinance of the convocation.
Provided that each congregation connected with a convocation shall be entitled to elect at least two lay delegates and two alternatives.
89. Each congregation connected with a convocational conference shall:
(a) Regularly and faithfully preach the pure Word of God and administer the sacraments with due order and discipline as ordained by Christ;
(b) Carryout Christ’s Great Commission locally and throughout North America and the world, taking an active role in evangelism, church planting, and global missions;
(c) Endeavor to hold at least one public service of worship each week;
(d) Cultivate in its members a life of prayer and an awareness of the presence of God;
(e) Instruct persons of all ages in the faith once for delivered to the saints and in its implications for daily living;
(f) Challenge, encourage and support its members in their witness to Christ, in works of mercy and in the practice of Christian fellowship and stewardship;
(g) Train and equip its members for the work of ministry, helping them to discover and to develop the natural talents and spiritual gifts God has given them;
(h) Make adequate provision for the material needs of its pastor or pastors and other employees, including ensuring their participation, when eligible, in any benefit plan and in any pension plan established by the ACNA or the convocation conference;
(i) Contribute its share of the funds needed for the life and work of the ACNA and of the convocation;
(j) Assure that only presbyters, deacons, catechists, and readers licensed by the bishop of the convocation serve it in a pastoral capacity;
(k) Comply with the Constitution of the ACNA, the canons and rules of the Governing Body, and the constitution and ordinances of the convocation, taking no actions in conflict therewith; and
(l) Place on file in the office of the convocation a copy of its constitution and bylaws and report promptly any amendments it may adopt.
89. Congregations connected with the convocational conferences of the ACNA shall retain authority in all matters that is not specifically delegated by the Constitution and the canons of the ACNA to the Governing Body, the convocations, and any other bodies established under this Constitution.
90. (1) The autonomy of a congregation is inherent and is modifiable only by action of the congregation itself. Nothing in this Constitution and the canons of the ACNA shall destroy or limit the right of each congregation connected with a convocational conference of the ACNA to continue to operate in the way customary to it; nor shall be construed as giving to the Governing Body, or to any convocation or any other ACNA body now, or at any future time, the power to abridge or impair the autonomy of any congregation connected with a convocation conference of the ACNA in the management of its own affairs, which affairs include, but are not limited to, the right:
(a) To organize itself in the manner that the congregation deems most appropriate;
(b) To determine what Prayer Book or Prayer Books, including lawful deviations from the order of the services in the same, authorized alternative services and occasional offices, other forms of prayer, music, ceremonial, and vestments, if any, may be used in its services of public worship.
(c) To call and dismiss its own pastor or pastors after consulting with the bishop of its convocation;
(d) To determine the qualifications for membership in the congregation, the procedures for admission to membership in the congregation, and the procedures for the discipline of members of the congregation;
(e) To retain or secure its own charter, or articles of incorporation, and name;
(f) To adopt and alter its own constitution and bylaws;
(g) To formulate its own statement of faith;
(h) To elect its officers and elect or appoint its own boards, commissions, councils, and committees;
(i) To adopt its own annual budget and any supplements thereto;
(j) To develop, implement, review, and modify its own programming;
(k) To establish and maintain a distinct character of its own on the ground of theology;
(l) To associate with congregations of like theology;
(m) To acquire, own, manage and dispose of property and funds;
(n) To control its own benevolences;
(o) To transfer by its own decision from the jurisdiction of one convocation of the ACNA to the jurisdiction of another convocation of the ACNA at any time without forfeiture of ownership or control of any real or personal property owned by it; and
(p) To withdraw by its own decision from the ACNA at any time without forfeiture of ownership or control of any real or personal property owned by it.
(q) To designate in the event of its dissolution to which recipients any undisposed funds or property should be paid or distributed.
(2) A congregation connected with a convocational conference of the ACNA shall have the right to petition the convocational conference, the provincial conference if the convocation with which the congregation is connected is a member of a province, and the Governing Body of the ACNA.
91. The pastor of a newly formed congregation is normally appointed by the bishop of a convocation after consultation with the congregation.
The bishop of the convocation may, with concurrence of a congregation, appoint to be the pastor of a congregation a deacon licensed by him with the understanding that he will ordain said deacon as a presbyter when the deacon meets whatever requirements he thinks fit
The bishop of a convocation may, with concurrence of a congregation, appoint to be pastor of a congregation a catechist or reader licensed by him with the understanding that he will ordain said catechist or reader as a deacon when the catechist or reader meets whatever requirements he thinks fit.
Nothing in this section shall be construed to prevent a bishop of a convocation from appointing to be the pastor of the congregation with the concurrence of the congregation a deacon, catechist, or reader licensed by him whom he is not at the time of the appointment prepared to ordain to holy orders.
When making such appointments the bishop of a convocation shall assign a presbyter to supervise the deacon, catechist, or reader appointed to be the pastor of a congregation and to provide said deacon, catechist, or reader with direction, guidance, and mentoring.
92. The bishop of the convocation shall not appoint to be the pastor of a congregation any person whose ministry the congregation cannot in good conscience accept on ground of gender, sexual orientation, theology, or any other reasonable ground.
93. Every convocational conference shall establish by ordinance the minimum requirements that a congregation admitted to the convocational conference must meet in order to call its own pastor, provided that such ordinance shall permit a congregation to call a non-stipendiary minister if the congregation does not have the ability from its resources to pay the minimum stipend and allowances of a stipendiary minister but meets all other requirements.
94. A congregation under financial obligation to its former pastor shall make satisfactory settlement of the obligation before calling a successor.
TRANSFER OF CONGREGATIONS
95. (1) Subject to the provisions of this Constitution the Governing Body shall by canon establish uniform procedures by which congregations may transfer from the jurisdiction of one convocation to the jurisdiction of another conference.
Provided that a congregation desiring to transfer to the jurisdiction of another convocation shall confer with the bishop of its present convocation and the bishop of the convocation to which the congregation desires to transfer before any formal steps are taken leading to such action.
Provided further that no congregation may transfer to another jurisdiction unless the members of the congregation, by a vote of a two-thirds majority of the voting members present at a legally called and conducted special meeting of the congregation, agree to the transfer. As used in this section a voting member is a member of the congregation who, under the provisions of the constitution and bylaws of the congregation, is entitled to vote at the annual meeting of the congregation.
(2) Congregation shall during the process of transferring from the jurisdiction of one convocation to the jurisdiction of another convocation retain membership in the ACNA.
Provided that a congregation desiring to transfer to the jurisdiction of another convocation shall confer with the bishop of its present convocation and the bishop of the convocation to which the congregation desires to transfer before any formal steps are taken leading to such action.
Provided further that no congregation may transfer to another jurisdiction unless the members of the congregation, by a vote of a two-thirds majority of the voting members present at a legally called and conducted special meeting of the congregation, agree to the transfer. As used in this section a voting member is a member of the congregation who, under the provisions of the constitution and bylaws of the congregation, is entitled to vote at the annual meeting of the congregation.
(2) Congregation shall during the process of transferring from the jurisdiction of one convocation to the jurisdiction of another convocation retain membership in the ACNA.
WITHDRAWAL OF CONGREGATIONS
96. A congregation may withdraw from a convocation in accordance with the following procedure:
(a) A resolution indicating desire to withdraw from the convocation must be adopted at a legally called and conducted special meeting of the congregation by a two-thirds majority of the voting members
present. As used in this section a voting member is a member of the congregation who, under the provisions of the constitution and bylaws of the congregation, is entitled to vote at the annual meeting of the congregation.
(b) The secretary of the congregation shall submit a copy of the resolution to the bishop of the convocation and shall mail a copy of the resolution to voting members of the congregation. This notice shall be submitted within 10 days after the resolution has been adopted.
(c) The bishop of the synod shall consult with the congregation during a period of at least 90 days.
(d) If the congregation, after consultation, still desires to withdraw from the convocation, such action may be taken at a legally called and conducted special meeting by a two-thirds majority of the voting members present, at which meeting the bishop of the convocation or an authorized representative shall be present. Notice of the meeting shall be mailed to all voting members at least 10 days in advance of the meeting.
(e) A certified copy of the resolution to withdraw from the convocation shall be sent to the bishop of the convocation, at which time the connection between the congregation and the convocational conference shall cease.
With the cessation of the connection between the congregation and the convocational conference the membership of the congregation in the ACNA also ceases.
(a) A resolution indicating desire to withdraw from the convocation must be adopted at a legally called and conducted special meeting of the congregation by a two-thirds majority of the voting members
present. As used in this section a voting member is a member of the congregation who, under the provisions of the constitution and bylaws of the congregation, is entitled to vote at the annual meeting of the congregation.
(b) The secretary of the congregation shall submit a copy of the resolution to the bishop of the convocation and shall mail a copy of the resolution to voting members of the congregation. This notice shall be submitted within 10 days after the resolution has been adopted.
(c) The bishop of the synod shall consult with the congregation during a period of at least 90 days.
(d) If the congregation, after consultation, still desires to withdraw from the convocation, such action may be taken at a legally called and conducted special meeting by a two-thirds majority of the voting members present, at which meeting the bishop of the convocation or an authorized representative shall be present. Notice of the meeting shall be mailed to all voting members at least 10 days in advance of the meeting.
(e) A certified copy of the resolution to withdraw from the convocation shall be sent to the bishop of the convocation, at which time the connection between the congregation and the convocational conference shall cease.
With the cessation of the connection between the congregation and the convocational conference the membership of the congregation in the ACNA also ceases.
DISSOLUTION OF CONGREGATIONS
97. A congregation considering dissolution of its organization shall confer with the bishop of the convocation before any formal steps are taken leading to such action.
98. A convocational conference may temporarily assume the administration of a congregation connected with the convocation conference, upon its request or with its concurrence, for a specific period of time agreed upon between the convocational conference and the congregation.
99. If upon dissolution of a congregation, there remains after the satisfaction of all its debts and liabilities any property or funds whatsoever, the same shall disposed of as provided in the charter or articles of incorporation, constitution, or bylaws of the congregation. In the event the charter or articles of incorporation, constitution, or bylaws of said congregation contains no provision for the disposal of any remaining property or funds in case of its dissolution, such property or funds shall be paid or distributed among any surviving members of the congregation.
98. A convocational conference may temporarily assume the administration of a congregation connected with the convocation conference, upon its request or with its concurrence, for a specific period of time agreed upon between the convocational conference and the congregation.
99. If upon dissolution of a congregation, there remains after the satisfaction of all its debts and liabilities any property or funds whatsoever, the same shall disposed of as provided in the charter or articles of incorporation, constitution, or bylaws of the congregation. In the event the charter or articles of incorporation, constitution, or bylaws of said congregation contains no provision for the disposal of any remaining property or funds in case of its dissolution, such property or funds shall be paid or distributed among any surviving members of the congregation.
SUSPENSION AND EXPULSION OF CONGREGATIONS
100. A congregation may be suspended or expelled from the ACNA by action of the convocational conference with which the congregation is connected if the congregation persists in any of the following offences:
(a) Abandoning the historic faith, doctrine, sacraments and discipline of the one Holy, Catholic and Apostolic Church;
(b) Refusing or neglecting to exercise proper discipline over its members; or
(c) Willfully violating or disregarding the constitution or the canons of the ACNA or the constitution or the ordinances of the convocation.
101. The bishop of the convocation shall counsel with any congregation where such offences exist. If necessary, the bishop shall then admonish the congregation in writing. If the admonition is unheeded, a board of inquiry composed of clergy and laity shall be appointed by the standing committee of the convocational conference to investigate the congregation. Upon the recommendation of the board of inquiry the convocational conference may suspend or expel the congregation from the ACNA.
102. Disciplinary action of a convocational conference may be appealed to the Appellate Tribunal within thirty (30) days of receiving notification of the action of the convocational conference. The decision of the Appellate Tribunal shall be final.
(a) Abandoning the historic faith, doctrine, sacraments and discipline of the one Holy, Catholic and Apostolic Church;
(b) Refusing or neglecting to exercise proper discipline over its members; or
(c) Willfully violating or disregarding the constitution or the canons of the ACNA or the constitution or the ordinances of the convocation.
101. The bishop of the convocation shall counsel with any congregation where such offences exist. If necessary, the bishop shall then admonish the congregation in writing. If the admonition is unheeded, a board of inquiry composed of clergy and laity shall be appointed by the standing committee of the convocational conference to investigate the congregation. Upon the recommendation of the board of inquiry the convocational conference may suspend or expel the congregation from the ACNA.
102. Disciplinary action of a convocational conference may be appealed to the Appellate Tribunal within thirty (30) days of receiving notification of the action of the convocational conference. The decision of the Appellate Tribunal shall be final.
CONGREGATIONS IN FORMATION
103. (1) Upon the formal petition of any group of persons who adhere to the Christian faith and regularly meet for worship but who have not constituted themselves as an organized congregation by incorporation and adoption of a constitution and bylaws the bishop of a convocation may, with the concurrence of the standing committee of the convocational conference, constitute such group of persons as a congregation in formation upon such terms and conditions as he shall think fit.
(2) (a)The bishop of the convocation may, at the request or with the concurrence of a congregation in formation, assign a deacon, catechist, or reader licensed by him to serve the congregation in formation in a pastoral capacity under the direction and guidance of a supervising presbyter.
(b) The bishop of the convocation shall not assign to serve a congregation in formation in a pastoral capacity any person whose ministry the congregation in formation cannot in good conscience accept on ground of gender, sexual orientation, theology, or any other reasonable ground.
(3) Each congregation in formation shall be entitled to elect a representative to the convocation conference.
(2) (a)The bishop of the convocation may, at the request or with the concurrence of a congregation in formation, assign a deacon, catechist, or reader licensed by him to serve the congregation in formation in a pastoral capacity under the direction and guidance of a supervising presbyter.
(b) The bishop of the convocation shall not assign to serve a congregation in formation in a pastoral capacity any person whose ministry the congregation in formation cannot in good conscience accept on ground of gender, sexual orientation, theology, or any other reasonable ground.
(3) Each congregation in formation shall be entitled to elect a representative to the convocation conference.
CHAPTER X: THE TRIBUNALS
104. There shall be a convocational tribunal of each convocation, the Special Tribunal, and the Appellate Tribunal, and there may be a provincial tribunal of any province.
105. (1) A convocational tribunal shall be the court of the bishop of the convocation and shall consist of a president, who shall be the bishop of the convocation, or a deputy president appointed by him and not less than two other members as may be prescribed by ordinance of the convocational conference of the convocation. The members other than the president and deputy president shall be elected in such manner, hold office for such period, have such qualifications and be subject to such disqualifications, and vacancies shall occur and be filled in such manner, as may be prescribed by ordinance of the convocational conference of the convocation.
In any province the provincial conference if so requested by the convocational conference of a convocation may by ordinance of the provincial conference prescribe any matter directed or permitted by this section to be prescribed by ordinance of the convocational conference of the convocation, provided that the convocational conference of the convocation may at any time otherwise prescribe.
(2) The convocational tribunal of a convocation shall in respect to:
(i) any person licensed by the bishop of the convocation,
(ii) any retired deacon or presbyter licensed by the bishop of the convocation at the time of his retirement,
(iii) any person in holy orders employed in any capacity by the convocation conference or any convocational society, council, board, agency, or authority, or
(iv) any person in holy orders otherwise falling under the jurisdiction of the convocation
have jurisdiction to hear and determine charges of breaches of faith, ritual, ceremonial, or discipline and of such offences as may be specified by any canon, ordinance, or rule.
(3) A convocational tribunal shall also have and always be deemed to have had jurisdiction to hear a charge relating to an offence of unchastity, an offence involving sexual misconduct or an offence relating to a conviction for a criminal offence that is punishable by imprisonment for twelve months or upwards in respect of a member of clergy if:-
(a) the act of the member of clergy which gave rise to the charge occurred on the premises or grounds of the convocational office; any church building or other meeting place used by the convocational conference, any convocational society, council, board, agency, or authority, or congregation or congregation in formation of the convocation; any residential or non-residential school, assisted living facility, retirement community, nursing care facility, residential home, nursery, day care center, early childhood development program, kindergarten, conference center, youth camp, or other facility operated by any convocational society, council, board, agency, or authority, or congregation or congregation in formation of the convocation; the domicile or any other residence of the bishop, any assistant bishop of the convocation, any officer of the convocation, any member of the convocational conference, any person in holy orders licensed by the bishop of the convocation or holding office in the convocation, any employee of the convocation conference, any convocational society, council, board, agency, or authority, or congregation or congregation in formation of the convocation, any employee of a facility operated by any convocational society, council, board, agency, or authority, or congregation or congregation in formation of the convocation, any catechist, evangelist, reader or other lay minister licensed by the bishop of the convocation, or any officer, employee, or member of a congregation or congregation in formation of the convocation; or in such other places as may be determined by ordinance of the convocation.
(b) the member of clergy was licensed by the bishop of the convocation, was employed in any capacity by the convocational conference or any convocational society, council, board, agency, or authority, held office in the convocation or otherwise fell under the jurisdiction of the convocation two years before the charge was laid; or
(c) the member of clergy is in prison as a convicted person at the time the charge was laid, but within two years before such imprisonment was licensed by the bishop of the convocation, was employed in any capacity by the convocational conference or any convocational society, council, board, agency, or authority, held office in the convocation or otherwise fell under the jurisdiction of the congregation.
(4) Where a person has been found guilty of an offence by a convocational tribunal in the exercise of its jurisdiction under sub-section (3), the bishop of the convocation shall consult as to penalty with the bishop of the convocation by whom the person is licensed or in which the person holds office at the time of the finding and no penalty may be imposed to which the latter bishop does not express concurrence.
(5) A person appointed by the bishop of a convocation or any five adult members of a congregation connected with the convocation conference of the convocation or a congregation in formation constituted by the bishop of the convocation may promote a charge against any person licensed by the bishop of the convocation or holding office in the convocation in respect of breach of faith, ritual, or ceremonial before the convocational tribunal or before the provincial tribunal in its original jurisdiction. Provided that if a charge be preferred against the pastor of a congregation or congregation in formation with reference to an offence alleged to have been committed in relation to that congregation or congregation in formation the aforesaid members of the congregation or congregation in formation shall be bona fide members of that congregation or congregation in formation.
Provided further that before any charge relating to faith, ritual, or ceremonial be heard by the tribunal it shall be referred to a board of enquiry appointed by ordinance of the convocational conference and may proceed to a hearing if the said board allows it as a charge proper to be heard.
(6) In matters involving any question of faith, ritual, ceremonial, or discipline an appeal shall lie from the determination of a diocesan tribunal to the Appellate Tribunal, provided that in any province in which there is a provincial tribunal and an appeal thereto is permitted by ordinance of the convocational conference, an appeal may lie in the first instance to the provincial tribunal, and provided that in any such case an appeal shall lie from the determination of the provincial tribunal to the Appellate Tribunal.
In other matters an appeal shall lie in such cases as may be permitted by
ordinance of the convocational conference from a determination of the convocational tribunal to the provincial tribunal, if any, or to the Appellate Tribunal, and from a determination of the provincial tribunal to the Appellate Tribunal.
106. (1) A provincial tribunal shall consist of a president who shall be the presiding bishop of the province, or a deputy president appointed by him, and not less than two other members as may be prescribed by ordinance of the provincial conference of the province.
The members other than the president or deputy president shall be elected in such manner, hold office for such period, have such qualifications and be subject to such disqualifications and vacancies shall occur and be filled in such manner, as may be prescribed by ordinance of the provincial conference of the province.
(2) A provincial tribunal shall have jurisdiction to hear and determine appeals from any determination of any convocational tribunal of the province in any case in which an appeal lies there from to the provincial tribunal.
105. (1) A convocational tribunal shall be the court of the bishop of the convocation and shall consist of a president, who shall be the bishop of the convocation, or a deputy president appointed by him and not less than two other members as may be prescribed by ordinance of the convocational conference of the convocation. The members other than the president and deputy president shall be elected in such manner, hold office for such period, have such qualifications and be subject to such disqualifications, and vacancies shall occur and be filled in such manner, as may be prescribed by ordinance of the convocational conference of the convocation.
In any province the provincial conference if so requested by the convocational conference of a convocation may by ordinance of the provincial conference prescribe any matter directed or permitted by this section to be prescribed by ordinance of the convocational conference of the convocation, provided that the convocational conference of the convocation may at any time otherwise prescribe.
(2) The convocational tribunal of a convocation shall in respect to:
(i) any person licensed by the bishop of the convocation,
(ii) any retired deacon or presbyter licensed by the bishop of the convocation at the time of his retirement,
(iii) any person in holy orders employed in any capacity by the convocation conference or any convocational society, council, board, agency, or authority, or
(iv) any person in holy orders otherwise falling under the jurisdiction of the convocation
have jurisdiction to hear and determine charges of breaches of faith, ritual, ceremonial, or discipline and of such offences as may be specified by any canon, ordinance, or rule.
(3) A convocational tribunal shall also have and always be deemed to have had jurisdiction to hear a charge relating to an offence of unchastity, an offence involving sexual misconduct or an offence relating to a conviction for a criminal offence that is punishable by imprisonment for twelve months or upwards in respect of a member of clergy if:-
(a) the act of the member of clergy which gave rise to the charge occurred on the premises or grounds of the convocational office; any church building or other meeting place used by the convocational conference, any convocational society, council, board, agency, or authority, or congregation or congregation in formation of the convocation; any residential or non-residential school, assisted living facility, retirement community, nursing care facility, residential home, nursery, day care center, early childhood development program, kindergarten, conference center, youth camp, or other facility operated by any convocational society, council, board, agency, or authority, or congregation or congregation in formation of the convocation; the domicile or any other residence of the bishop, any assistant bishop of the convocation, any officer of the convocation, any member of the convocational conference, any person in holy orders licensed by the bishop of the convocation or holding office in the convocation, any employee of the convocation conference, any convocational society, council, board, agency, or authority, or congregation or congregation in formation of the convocation, any employee of a facility operated by any convocational society, council, board, agency, or authority, or congregation or congregation in formation of the convocation, any catechist, evangelist, reader or other lay minister licensed by the bishop of the convocation, or any officer, employee, or member of a congregation or congregation in formation of the convocation; or in such other places as may be determined by ordinance of the convocation.
(b) the member of clergy was licensed by the bishop of the convocation, was employed in any capacity by the convocational conference or any convocational society, council, board, agency, or authority, held office in the convocation or otherwise fell under the jurisdiction of the convocation two years before the charge was laid; or
(c) the member of clergy is in prison as a convicted person at the time the charge was laid, but within two years before such imprisonment was licensed by the bishop of the convocation, was employed in any capacity by the convocational conference or any convocational society, council, board, agency, or authority, held office in the convocation or otherwise fell under the jurisdiction of the congregation.
(4) Where a person has been found guilty of an offence by a convocational tribunal in the exercise of its jurisdiction under sub-section (3), the bishop of the convocation shall consult as to penalty with the bishop of the convocation by whom the person is licensed or in which the person holds office at the time of the finding and no penalty may be imposed to which the latter bishop does not express concurrence.
(5) A person appointed by the bishop of a convocation or any five adult members of a congregation connected with the convocation conference of the convocation or a congregation in formation constituted by the bishop of the convocation may promote a charge against any person licensed by the bishop of the convocation or holding office in the convocation in respect of breach of faith, ritual, or ceremonial before the convocational tribunal or before the provincial tribunal in its original jurisdiction. Provided that if a charge be preferred against the pastor of a congregation or congregation in formation with reference to an offence alleged to have been committed in relation to that congregation or congregation in formation the aforesaid members of the congregation or congregation in formation shall be bona fide members of that congregation or congregation in formation.
Provided further that before any charge relating to faith, ritual, or ceremonial be heard by the tribunal it shall be referred to a board of enquiry appointed by ordinance of the convocational conference and may proceed to a hearing if the said board allows it as a charge proper to be heard.
(6) In matters involving any question of faith, ritual, ceremonial, or discipline an appeal shall lie from the determination of a diocesan tribunal to the Appellate Tribunal, provided that in any province in which there is a provincial tribunal and an appeal thereto is permitted by ordinance of the convocational conference, an appeal may lie in the first instance to the provincial tribunal, and provided that in any such case an appeal shall lie from the determination of the provincial tribunal to the Appellate Tribunal.
In other matters an appeal shall lie in such cases as may be permitted by
ordinance of the convocational conference from a determination of the convocational tribunal to the provincial tribunal, if any, or to the Appellate Tribunal, and from a determination of the provincial tribunal to the Appellate Tribunal.
106. (1) A provincial tribunal shall consist of a president who shall be the presiding bishop of the province, or a deputy president appointed by him, and not less than two other members as may be prescribed by ordinance of the provincial conference of the province.
The members other than the president or deputy president shall be elected in such manner, hold office for such period, have such qualifications and be subject to such disqualifications and vacancies shall occur and be filled in such manner, as may be prescribed by ordinance of the provincial conference of the province.
(2) A provincial tribunal shall have jurisdiction to hear and determine appeals from any determination of any convocational tribunal of the province in any case in which an appeal lies there from to the provincial tribunal.
THE SPECIAL TRIBUNAL
107. (1) Subject to this section, the Special Tribunal shall consist of three persons being:
(a) A person qualified to be a lay member of the Appellate Tribunal who
shall be the President of the Special Tribunal;
(b) A bishop of a convocation; and
(c) A presbyter of at least seven years’ standing.
(2) No person by or against whom proceedings in the Tribunal are brought shall be a member of the Special Tribunal.
(3) Members of the Special Tribunal shall be elected by or shall be appointed from a panel of persons nominated by the Governing Body as prescribed by canon of the Governing Body.
(4) The term of office of members of the Special Tribunal shall be as prescribed by canon of the Governing Body.
(5) Until the Governing Body shall by canon otherwise prescribe:
(a) The members of the Special Tribunal shall be appointed by the Bishop Primus on the nomination of the Standing Committee of the Governing Body to hold office for up to five years;
(b) In the absence of a member of the Special Tribunal from North America or in the event of the inability of a member of the Special tribunal to act, the Primate may appoint a person eligible to be appointed as that member to act in place of that member during the absence or inability. Such acting member shall continue to act in respect of any charge whose hearing commences whilst he or she is Acting President or member;
(6) The Special Tribunal shall have jurisdiction to hear and determine charges against:
(a) Any member of the House of Bishops, including the Bishop Primus; and
(b) Any bishop assistant to the Bishop Primus in his capacity as Bishop Primus
of breaches of faith, ritual, ceremonial, and discipline and of such offences as may be specified by canon of the Governing Body.
(7) An appeal shall lie from the determination of the Special Tribunal to the
Appellate Tribunal, subject to any limitation as may be prescribed by canon of the Governing Body.
(a) A person qualified to be a lay member of the Appellate Tribunal who
shall be the President of the Special Tribunal;
(b) A bishop of a convocation; and
(c) A presbyter of at least seven years’ standing.
(2) No person by or against whom proceedings in the Tribunal are brought shall be a member of the Special Tribunal.
(3) Members of the Special Tribunal shall be elected by or shall be appointed from a panel of persons nominated by the Governing Body as prescribed by canon of the Governing Body.
(4) The term of office of members of the Special Tribunal shall be as prescribed by canon of the Governing Body.
(5) Until the Governing Body shall by canon otherwise prescribe:
(a) The members of the Special Tribunal shall be appointed by the Bishop Primus on the nomination of the Standing Committee of the Governing Body to hold office for up to five years;
(b) In the absence of a member of the Special Tribunal from North America or in the event of the inability of a member of the Special tribunal to act, the Primate may appoint a person eligible to be appointed as that member to act in place of that member during the absence or inability. Such acting member shall continue to act in respect of any charge whose hearing commences whilst he or she is Acting President or member;
(6) The Special Tribunal shall have jurisdiction to hear and determine charges against:
(a) Any member of the House of Bishops, including the Bishop Primus; and
(b) Any bishop assistant to the Bishop Primus in his capacity as Bishop Primus
of breaches of faith, ritual, ceremonial, and discipline and of such offences as may be specified by canon of the Governing Body.
(7) An appeal shall lie from the determination of the Special Tribunal to the
Appellate Tribunal, subject to any limitation as may be prescribed by canon of the Governing Body.
THE APPELLATE TRIBUNAL
108. (1) The Appellate Tribunal shall consist of seven members three of whom shall be bishops of convocations and four of whom shall be laypersons.
The members of the Appellate Tribunal shall be appointed by the Governing Body as follows, that is to say, a bishop and a layperson on the nomination of the House of Bishops, a bishop and a layperson on the nomination of the House of Clergy and a bishop and two laypersons on the nomination of the House of Laity.
A president and deputy president shall as often as may be necessary be chosen from among the lay members of the Appellate Tribunal by the House of Bishops, or, if the Governing Body is not in session, by a meeting of the members of the House of Bishops.
No layperson shall be a member of the Appellate Tribunal unless he is qualified to be a lay representative of a convocation, and is or has been a Justice or Judge of a Court prescribed by canon of the Governing Body or is or has been a practicing attorney at law of at least ten years' standing of a Province or Territory of the Dominion of Canada or a Commonwealth, State, or Territory of the United States of America.
(2) The term of office of members of the Appellate Tribunal shall be as prescribed by canon of the Governing Body.
Vacancies in the membership of the Appellate Tribunal shall occur and be filled in such manner, as may be prescribed by or under canon of the Governing Body.
No party to an appeal shall be a member of the Appellate Tribunal for any purpose of the appeal and his place shall be filled for the purpose of the appeal by the other members co-opting a person qualified for the office.
The Appellate Tribunal shall have jurisdiction to hear and determine appeals
from any determination of the Special Tribunal and from any determination of the disciplinary tribunal of any convocation in any case in which an appeal lies there from to the Appellate Tribunal.
Every appeal to the Appellate Tribunal shall be by way of re-hearing.
Any person charged before the convocational tribunal of a convocation and aggrieved by any sentence recommended by it who has no right of appeal under this Constitution or under an ordinance of the convocational conference may petition the presiding bishop of the province or, if the convocation is not a part of a province, the Bishop Primus that his case be reviewed and the presiding bishop or Bishop Primus as the case may be may refer the same to the Appellate Tribunal for review and any case so referred shall be heard and determined as an appeal provided however that no such petition may be presented in respect of an order for costs only.
(3) Unless otherwise prescribed by canon of the Governing Body, the Appellate Tribunal may hear and determine any appeal, question, or matter made or referred to it although all the members thereof be not present at such hearing or determination, provided that there be present at least two bishops and three laypersons. And provided further that if during the hearing of any appeal a member attending the tribunal should die or become unable to continue with the hearing the appeal may proceed so long as the president two bishops and one other lay member or the deputy president two bishops and one other lay member be present provided further that if the number of those present on any appeal should be evenly divided on any question of evidence or procedure the president (or in his absence the deputy president) shall have a casting as well as a deliberate vote.
109. (1) Before determining any appeal or giving an opinion on any reference the Appellate Tribunal shall in any matter involving doctrine upon which the members are not unanimous upon the point of doctrine and may, if it thinks fit, in any other matter, obtain the opinion of the House of Bishops, and a board of assessors consisting of presbyters appointed by or under canon of the Governing Body.
(2) In any case where the House of Bishops is consulted under this section, the House of Bishops shall aid the tribunal with such information in writing as it thinks proper, provided that if all members of the House of Bishops do not concur each of the members at the time in North America may aid the tribunal with such information in writing as he thinks proper. For the purposes of this subsection the House of Bishops shall not include the bishops who are members of the Appellate Tribunal.
110. (1) In all appeals and references to the Appellate Tribunal in any matter involving any question of faith, ritual, ceremonial, discipline, or ordained ministry the concurrence of at least two bishops and two laymen and in any other matter the concurrence of at least four members, shall be necessary for the determination of an appeal or the giving of an opinion upon a reference.
(2) The Governing Body may by canon prescribe any matter incidental to the exercise of any jurisdiction vested by this constitution in the Special Tribunal or in the Appellate Tribunal including the power to award costs.
(3) Unless otherwise prescribed by or under any canon of the Governing Body, the procedure with respect to hearings and determinations of the Special Tribunal, and with respect to appeals or references to the Appellate Tribunal shall be regulated in such manner as the tribunal thinks fit.
(4) The person who brings a charge before a convocational or provincial tribunal or before the Special Tribunal if dissatisfied with its determination or recommendation and the person so charged if dissatisfied with the recommendation or sentence pronounced upon such recommendation may within twenty-eight days or within such further time as the president of the Appellate Tribunal may in writing allow after the making of the determination recommendation or the pronouncing of the sentence as the case may be, institute an appeal to the Appellate Tribunal by lodging a notice of appeal in the registry of the Bishop Primus and in the registry of the bishop of the convocation or presiding bishop of the province concerned and in the case of any sentence or deprivation of or suspension from office the bishop or presiding bishop who has pronounced such sentence may thereupon if he sees fit intermit the operation of such sentence.
111. (1) A tribunal shall make such recommendation as it thinks just in the circumstances, but shall not recommend any sentence other than one or more of the following:
(a) deposition from orders;
(b) prohibition from functioning;
(c) removal from office;
(d) rebuke.
Except as otherwise provided herein such recommendation shall be made to the bishop of the convocation concerned.
The recommendation of the Special Tribunal, or of the Appellate Tribunal on an appeal from the Special Tribunal, shall be made to the Bishop Primus, provided that if the Bishop Primus be a party to the appeal or is disqualified from acting or considers that he should disqualify himself from acting, the recommendation shall be made to the bishop who would exercise the authorities powers rights and duties of the Bishop Primus, if the office were then vacant.
(2) The person to whom the recommendation is made shall give effect thereto, provided that if any sentence is recommended, he may consult with the tribunal and in the exercise of his prerogative of mercy (a) mitigate the sentence or (b) suspend its operation or (c) mitigate the sentence and suspend its operation. In each case he shall pronounce the sentence recommended even though he mitigate or suspend it. Provided that if the operation of a sentence or mitigated sentence has been suspended and remains suspended for a period of two years such sentence shall thereafter have no operation.
(3) If in any case the Appellate Tribunal is precluded from determining the appeal, either because the members present at the hearing are equally divided or because there is no such concurrence as is required by this Constitution, the provisions of this sub-section shall have effect, that is to say:-
(a) where any recommendation adverse to the person charged made by a convocational or a provincial tribunal or by the Special Tribunal, or
(b) where any sentence pronounced against him would but for this subsection continue in force, the person to whom the recommendation was made or who pronounced the sentence shall in consultation with the Appellate Tribunal review the recommendation or sentence, and after such review may give effect or abstain from giving effect to the recommendation, or may confirm, mitigate or annul the sentence and may give or abstain from giving directions for restoration of office, rights, and emoluments as he shall think proper and for such compensation where compensation is available as in the circumstances he may deem to be fair and reasonable.
(4) The provisions of this Constitution with respect to an appeal from the determination of a tribunal shall extend to and authorize an appeal from the recommendation or sentence but shall not extend to a ruling of a tribunal of an interlocutory nature.
112. (1) Where a charge has been promoted before a tribunal against any person licensed by the bishop of a convocation, the bishop with the concurrence of the standing committee of the convocational conference may suspend such person from the duties of his office until the determination of the charge or for some lesser time, and may make such arrangements for the performance of the duties of the office as may be authorized by any canon, ordinance, or rule or in the absence of such canon, ordinance, or rule as the bishop may deem proper.
(2) The bishop of a convocation may suspend a person referred to in Section 105 (2) from the duties of his office where –
(a) the bishop or some other person authorized by ordinance proposes to
promote a charge against the person;
(b) the charge will not allege a breach of faith, ritual, or ceremonial; and
(c) the charge relates to an offence that is punishable by imprisonment for twelve months or upwards of which the person has been charged or convicted or in respect of which the bishop has received a report from a layperson qualified to be a member of the Appellate Tribunal
stating that there is a prima facie case of the person having committed
the offence.
(3) Suspension under subsection (2) must be by written instrument signed by the bishop, served on the person to be suspended, and which states –
(a) the intention of the bishop or any other authorized person to promote
the charge;
(b) the conduct complained of; and
(c) the period of suspension.
The period of suspension may not exceed 28 days from the date of service on the person to be suspended. Where –
(d) a person has been suspended under subsection (2);
(e) the period of suspension has elapsed; and
(f) a charge has not been promoted during the period of suspension; no further suspension is possible under subsection (2) in relation to the conduct specified in the instrument.
(4) If during the period of suspension referred to in subsection (2) the bishop or other authorized person promotes the charge the suspension of the person shall continue until the first meeting of the standing committee of the convocational conference thereafter.
(5) The bishop of a convocation may revoke the suspension of a person suspended by him under this section and may do so at any time during the period of suspension.
(6) Suspension of a person from the duties of office under this section does not deprive that person of the emoluments appertaining to that office.
113. Where a charge has been promoted against the bishop of a convocation, the President of the Special Tribunal with the concurrence of the standing committee of the convocational conference, meeting when the bishop is not present, may, after considering any submission from the bishop, suspend the bishop from the duties of office until the determination of such charge or for some lesser time. If such suspension is made and is from a paid office, or if the person voluntarily stands aside from performing the duties of office, the person shall be deemed to be on paid leave and to be absent from the Province, State or Territory in which the duties of office would otherwise be performed.
114. (1) For the purpose of securing the attendance of witnesses and the production of documents and for the examination of witnesses on oath or otherwise a tribunal shall be deemed to be an arbitrator within the meaning of any law in force in the Province, State or Territory in which the tribunal sits and shall have power to administer an oath to or take an affirmation from any witness and for the same purpose any party to a proceeding before a tribunal or any person permitted by a tribunal to submit evidence to it shall be deemed to be a party to a reference or submission to arbitration within the meaning of any such law.
(2) In any proceeding before a tribunal, the tribunal shall admit as evidence that a person charged has been convicted of an offence, and proof of such conviction shall be evidence of the facts giving rise to such conviction. This provision shall not apply if such conviction has been quashed or set aside or in respect of which a pardon has been given.
(3) In any proceedings before a tribunal, the transcript of any criminal proceedings in which the member of clergy the subject of a charge before the tribunal was a party shall be admitted as evidence in the same way as if the persons whose evidence appears in the transcript had given evidence in person before the tribunal. Provided that, the tribunal may exclude the whole
or any part of such evidence should it consider that admission of the same would be likely to cause a serious injustice to the member of clergy charged.
115. (1) Wherever a question arises under this Constitution and in the manner provided and subject to the conditions imposed by this Constitution the question is referred for determination or for an opinion to the Appellate Tribunal the tribunal shall have jurisdiction to hear and determine the same or to give its opinion as the case may require provided that if provision is not otherwise made under this Constitution for the reference of such question to the tribunal the Bishop Primus may and shall at the request of the Governing Body by resolution or at the written request of twenty-five members thereof or at the request by resolution of the provincial or convocational conference affected refer the question to the tribunal which shall have jurisdiction as aforesaid.
(2) The tribunal may direct that any conference person or class of persons or association claiming to be interested in the question shall be notified of the hearing and be entitled to appear or be represented thereat.
The members of the Appellate Tribunal shall be appointed by the Governing Body as follows, that is to say, a bishop and a layperson on the nomination of the House of Bishops, a bishop and a layperson on the nomination of the House of Clergy and a bishop and two laypersons on the nomination of the House of Laity.
A president and deputy president shall as often as may be necessary be chosen from among the lay members of the Appellate Tribunal by the House of Bishops, or, if the Governing Body is not in session, by a meeting of the members of the House of Bishops.
No layperson shall be a member of the Appellate Tribunal unless he is qualified to be a lay representative of a convocation, and is or has been a Justice or Judge of a Court prescribed by canon of the Governing Body or is or has been a practicing attorney at law of at least ten years' standing of a Province or Territory of the Dominion of Canada or a Commonwealth, State, or Territory of the United States of America.
(2) The term of office of members of the Appellate Tribunal shall be as prescribed by canon of the Governing Body.
Vacancies in the membership of the Appellate Tribunal shall occur and be filled in such manner, as may be prescribed by or under canon of the Governing Body.
No party to an appeal shall be a member of the Appellate Tribunal for any purpose of the appeal and his place shall be filled for the purpose of the appeal by the other members co-opting a person qualified for the office.
The Appellate Tribunal shall have jurisdiction to hear and determine appeals
from any determination of the Special Tribunal and from any determination of the disciplinary tribunal of any convocation in any case in which an appeal lies there from to the Appellate Tribunal.
Every appeal to the Appellate Tribunal shall be by way of re-hearing.
Any person charged before the convocational tribunal of a convocation and aggrieved by any sentence recommended by it who has no right of appeal under this Constitution or under an ordinance of the convocational conference may petition the presiding bishop of the province or, if the convocation is not a part of a province, the Bishop Primus that his case be reviewed and the presiding bishop or Bishop Primus as the case may be may refer the same to the Appellate Tribunal for review and any case so referred shall be heard and determined as an appeal provided however that no such petition may be presented in respect of an order for costs only.
(3) Unless otherwise prescribed by canon of the Governing Body, the Appellate Tribunal may hear and determine any appeal, question, or matter made or referred to it although all the members thereof be not present at such hearing or determination, provided that there be present at least two bishops and three laypersons. And provided further that if during the hearing of any appeal a member attending the tribunal should die or become unable to continue with the hearing the appeal may proceed so long as the president two bishops and one other lay member or the deputy president two bishops and one other lay member be present provided further that if the number of those present on any appeal should be evenly divided on any question of evidence or procedure the president (or in his absence the deputy president) shall have a casting as well as a deliberate vote.
109. (1) Before determining any appeal or giving an opinion on any reference the Appellate Tribunal shall in any matter involving doctrine upon which the members are not unanimous upon the point of doctrine and may, if it thinks fit, in any other matter, obtain the opinion of the House of Bishops, and a board of assessors consisting of presbyters appointed by or under canon of the Governing Body.
(2) In any case where the House of Bishops is consulted under this section, the House of Bishops shall aid the tribunal with such information in writing as it thinks proper, provided that if all members of the House of Bishops do not concur each of the members at the time in North America may aid the tribunal with such information in writing as he thinks proper. For the purposes of this subsection the House of Bishops shall not include the bishops who are members of the Appellate Tribunal.
110. (1) In all appeals and references to the Appellate Tribunal in any matter involving any question of faith, ritual, ceremonial, discipline, or ordained ministry the concurrence of at least two bishops and two laymen and in any other matter the concurrence of at least four members, shall be necessary for the determination of an appeal or the giving of an opinion upon a reference.
(2) The Governing Body may by canon prescribe any matter incidental to the exercise of any jurisdiction vested by this constitution in the Special Tribunal or in the Appellate Tribunal including the power to award costs.
(3) Unless otherwise prescribed by or under any canon of the Governing Body, the procedure with respect to hearings and determinations of the Special Tribunal, and with respect to appeals or references to the Appellate Tribunal shall be regulated in such manner as the tribunal thinks fit.
(4) The person who brings a charge before a convocational or provincial tribunal or before the Special Tribunal if dissatisfied with its determination or recommendation and the person so charged if dissatisfied with the recommendation or sentence pronounced upon such recommendation may within twenty-eight days or within such further time as the president of the Appellate Tribunal may in writing allow after the making of the determination recommendation or the pronouncing of the sentence as the case may be, institute an appeal to the Appellate Tribunal by lodging a notice of appeal in the registry of the Bishop Primus and in the registry of the bishop of the convocation or presiding bishop of the province concerned and in the case of any sentence or deprivation of or suspension from office the bishop or presiding bishop who has pronounced such sentence may thereupon if he sees fit intermit the operation of such sentence.
111. (1) A tribunal shall make such recommendation as it thinks just in the circumstances, but shall not recommend any sentence other than one or more of the following:
(a) deposition from orders;
(b) prohibition from functioning;
(c) removal from office;
(d) rebuke.
Except as otherwise provided herein such recommendation shall be made to the bishop of the convocation concerned.
The recommendation of the Special Tribunal, or of the Appellate Tribunal on an appeal from the Special Tribunal, shall be made to the Bishop Primus, provided that if the Bishop Primus be a party to the appeal or is disqualified from acting or considers that he should disqualify himself from acting, the recommendation shall be made to the bishop who would exercise the authorities powers rights and duties of the Bishop Primus, if the office were then vacant.
(2) The person to whom the recommendation is made shall give effect thereto, provided that if any sentence is recommended, he may consult with the tribunal and in the exercise of his prerogative of mercy (a) mitigate the sentence or (b) suspend its operation or (c) mitigate the sentence and suspend its operation. In each case he shall pronounce the sentence recommended even though he mitigate or suspend it. Provided that if the operation of a sentence or mitigated sentence has been suspended and remains suspended for a period of two years such sentence shall thereafter have no operation.
(3) If in any case the Appellate Tribunal is precluded from determining the appeal, either because the members present at the hearing are equally divided or because there is no such concurrence as is required by this Constitution, the provisions of this sub-section shall have effect, that is to say:-
(a) where any recommendation adverse to the person charged made by a convocational or a provincial tribunal or by the Special Tribunal, or
(b) where any sentence pronounced against him would but for this subsection continue in force, the person to whom the recommendation was made or who pronounced the sentence shall in consultation with the Appellate Tribunal review the recommendation or sentence, and after such review may give effect or abstain from giving effect to the recommendation, or may confirm, mitigate or annul the sentence and may give or abstain from giving directions for restoration of office, rights, and emoluments as he shall think proper and for such compensation where compensation is available as in the circumstances he may deem to be fair and reasonable.
(4) The provisions of this Constitution with respect to an appeal from the determination of a tribunal shall extend to and authorize an appeal from the recommendation or sentence but shall not extend to a ruling of a tribunal of an interlocutory nature.
112. (1) Where a charge has been promoted before a tribunal against any person licensed by the bishop of a convocation, the bishop with the concurrence of the standing committee of the convocational conference may suspend such person from the duties of his office until the determination of the charge or for some lesser time, and may make such arrangements for the performance of the duties of the office as may be authorized by any canon, ordinance, or rule or in the absence of such canon, ordinance, or rule as the bishop may deem proper.
(2) The bishop of a convocation may suspend a person referred to in Section 105 (2) from the duties of his office where –
(a) the bishop or some other person authorized by ordinance proposes to
promote a charge against the person;
(b) the charge will not allege a breach of faith, ritual, or ceremonial; and
(c) the charge relates to an offence that is punishable by imprisonment for twelve months or upwards of which the person has been charged or convicted or in respect of which the bishop has received a report from a layperson qualified to be a member of the Appellate Tribunal
stating that there is a prima facie case of the person having committed
the offence.
(3) Suspension under subsection (2) must be by written instrument signed by the bishop, served on the person to be suspended, and which states –
(a) the intention of the bishop or any other authorized person to promote
the charge;
(b) the conduct complained of; and
(c) the period of suspension.
The period of suspension may not exceed 28 days from the date of service on the person to be suspended. Where –
(d) a person has been suspended under subsection (2);
(e) the period of suspension has elapsed; and
(f) a charge has not been promoted during the period of suspension; no further suspension is possible under subsection (2) in relation to the conduct specified in the instrument.
(4) If during the period of suspension referred to in subsection (2) the bishop or other authorized person promotes the charge the suspension of the person shall continue until the first meeting of the standing committee of the convocational conference thereafter.
(5) The bishop of a convocation may revoke the suspension of a person suspended by him under this section and may do so at any time during the period of suspension.
(6) Suspension of a person from the duties of office under this section does not deprive that person of the emoluments appertaining to that office.
113. Where a charge has been promoted against the bishop of a convocation, the President of the Special Tribunal with the concurrence of the standing committee of the convocational conference, meeting when the bishop is not present, may, after considering any submission from the bishop, suspend the bishop from the duties of office until the determination of such charge or for some lesser time. If such suspension is made and is from a paid office, or if the person voluntarily stands aside from performing the duties of office, the person shall be deemed to be on paid leave and to be absent from the Province, State or Territory in which the duties of office would otherwise be performed.
114. (1) For the purpose of securing the attendance of witnesses and the production of documents and for the examination of witnesses on oath or otherwise a tribunal shall be deemed to be an arbitrator within the meaning of any law in force in the Province, State or Territory in which the tribunal sits and shall have power to administer an oath to or take an affirmation from any witness and for the same purpose any party to a proceeding before a tribunal or any person permitted by a tribunal to submit evidence to it shall be deemed to be a party to a reference or submission to arbitration within the meaning of any such law.
(2) In any proceeding before a tribunal, the tribunal shall admit as evidence that a person charged has been convicted of an offence, and proof of such conviction shall be evidence of the facts giving rise to such conviction. This provision shall not apply if such conviction has been quashed or set aside or in respect of which a pardon has been given.
(3) In any proceedings before a tribunal, the transcript of any criminal proceedings in which the member of clergy the subject of a charge before the tribunal was a party shall be admitted as evidence in the same way as if the persons whose evidence appears in the transcript had given evidence in person before the tribunal. Provided that, the tribunal may exclude the whole
or any part of such evidence should it consider that admission of the same would be likely to cause a serious injustice to the member of clergy charged.
115. (1) Wherever a question arises under this Constitution and in the manner provided and subject to the conditions imposed by this Constitution the question is referred for determination or for an opinion to the Appellate Tribunal the tribunal shall have jurisdiction to hear and determine the same or to give its opinion as the case may require provided that if provision is not otherwise made under this Constitution for the reference of such question to the tribunal the Bishop Primus may and shall at the request of the Governing Body by resolution or at the written request of twenty-five members thereof or at the request by resolution of the provincial or convocational conference affected refer the question to the tribunal which shall have jurisdiction as aforesaid.
(2) The tribunal may direct that any conference person or class of persons or association claiming to be interested in the question shall be notified of the hearing and be entitled to appear or be represented thereat.
CHAPTER XI: THE ALTERATION OF THIS CONSTITUTION
116. This Constitution shall not be altered except in accordance with the provisions of this chapter.
117. (1) Subject to the provisions hereinafter mentioned other sections of this Constitution may be altered by canon of the Governing Body subject to the following conditions:-
(a) (i) A bill for a canon to alter the provisions of this Constitution mentioned at the foot of this clause which does not deal with or concern or affect the ritual ceremonial or discipline of this
Church shall be a canon duly made if it has been passed by a vote of at least two thirds of the members of each house and it has been assented to by a majority of all convocations.
Provided that upon the formation of two or more provinces under the provisions of this Constitution the convocations that have assenting to said bill shall include members of at least two provinces
For the purposes of this subparagraph (a)(i) a convocation shall be deemed to have assented to a bill if a majority of its lay representatives and a majority of its clerical representatives and the bishop thereof have voted in favor of its passing.
(ii) Any other bill for a canon to alter the provisions of this Constitution mentioned at the foot of this clause shall be a canon duly made if passed by a vote of a majority of the members of
each house but the canon shall not come into effect until at least three quarters of the convocational conferences of the ACNA have assented to it by ordinance and all such assents be in force at the same time.
Provided that upon the formation of two or more provinces under the provisions of this Constitution the convocational conferences that have assented to said bill by ordinance shall include the convocational conferences of members of all the province.
.
(iii) A bill of the kind referred to in sub-paragraph (i) shall be a canon duly made and shall come into effect if it is passed and assented to in the manner prescribed by sub-paragraph (ii).
Sections 29-32, inclusive; 43-50, inclusive; 52; 56,58, 59, 60-62, inclusive; 118-120, inclusive; 124.
(b) A bill for a canon to alter the name of the ACNA or the provisions of this Constitution mentioned at the foot of this clause shall be a canon duly made if passed by a vote of a majority of the members of each house but the canon shall not come into effect unless and until every
convocational conference of the ACNA has assented to it by ordinance and all such assents be in force at the same time.
Sections 57, 63, 69, 81(2), 82, 85, 89-90, 92, 99, 103 (2)(b), 117 (1)(b).
(c) A bill for a canon to alter the provisions of this Constitution mentioned at the foot of this clause or to add a new section to this Constitution (not being a new section that alters a provision referred to in paragraph (a) or paragraph (b) of this sub-section) shall be a canon duly made if
passed by a vote of a majority of the members of each house but the canon shall not come into effect unless and until at least three quarters of the convocational conferences of this ACNA have assented to it by ordinance and all such assents be in force at the same time.
Provided that upon the formation of two or more provinces under the provisions of this Constitution the convocational conferences that have assented to said bill by ordinance shall include the convocational conferences of members of all of the provinces.
Sections 5-28, inclusive; 33-42, inclusive; 51; 53-55, inclusive; 64-68, 70-80 inclusive; 81(1); 83-84, 86-88, 91, 93-98, 100-102 inclusive; 103 (1), (2)(a) and (3), 116; 117 (1) (a) and (c); 121-124 inclusive.
(2) Upon a canon to alter the Constitution being duly made in accordance with this Section and upon the President determining that there is no condition, or that no condition remains, to which the coming into effect is subject the President shall appoint a date, being not earlier than three months nor later than six months from the date upon which he so determines, on which the canon shall come into effect.
(3) Where a member of the Governing Body is administering a convocation during a vacancy in the see or during the absence or incapacity of the bishop of the convocation, the bishop shall be deemed, for the purpose of sub-paragraph (1)(a)(i), to have voted in favor of the passing of the bill if the member so administering the convocation has voted in favor of the passing of the bill.
(4) Where:
(a) the only lay or clerical representative of a convocation is absent from the Governing Body;
(b) one or more lay or clerical representatives are absent from the Governing Body and only one-half of the number of lay or clerical, as the case may be, representatives have voted in favor of the passing of the bill; a majority of the lay or clerical, as the case may be, representatives shall be deemed, for the purpose of sub-paragraph (1)(a)(i), to have voted in favor of
the passing of the bill if a majority of all the representatives of the convocation present have voted in favor of the passing of the bill.
117. (1) Subject to the provisions hereinafter mentioned other sections of this Constitution may be altered by canon of the Governing Body subject to the following conditions:-
(a) (i) A bill for a canon to alter the provisions of this Constitution mentioned at the foot of this clause which does not deal with or concern or affect the ritual ceremonial or discipline of this
Church shall be a canon duly made if it has been passed by a vote of at least two thirds of the members of each house and it has been assented to by a majority of all convocations.
Provided that upon the formation of two or more provinces under the provisions of this Constitution the convocations that have assenting to said bill shall include members of at least two provinces
For the purposes of this subparagraph (a)(i) a convocation shall be deemed to have assented to a bill if a majority of its lay representatives and a majority of its clerical representatives and the bishop thereof have voted in favor of its passing.
(ii) Any other bill for a canon to alter the provisions of this Constitution mentioned at the foot of this clause shall be a canon duly made if passed by a vote of a majority of the members of
each house but the canon shall not come into effect until at least three quarters of the convocational conferences of the ACNA have assented to it by ordinance and all such assents be in force at the same time.
Provided that upon the formation of two or more provinces under the provisions of this Constitution the convocational conferences that have assented to said bill by ordinance shall include the convocational conferences of members of all the province.
.
(iii) A bill of the kind referred to in sub-paragraph (i) shall be a canon duly made and shall come into effect if it is passed and assented to in the manner prescribed by sub-paragraph (ii).
Sections 29-32, inclusive; 43-50, inclusive; 52; 56,58, 59, 60-62, inclusive; 118-120, inclusive; 124.
(b) A bill for a canon to alter the name of the ACNA or the provisions of this Constitution mentioned at the foot of this clause shall be a canon duly made if passed by a vote of a majority of the members of each house but the canon shall not come into effect unless and until every
convocational conference of the ACNA has assented to it by ordinance and all such assents be in force at the same time.
Sections 57, 63, 69, 81(2), 82, 85, 89-90, 92, 99, 103 (2)(b), 117 (1)(b).
(c) A bill for a canon to alter the provisions of this Constitution mentioned at the foot of this clause or to add a new section to this Constitution (not being a new section that alters a provision referred to in paragraph (a) or paragraph (b) of this sub-section) shall be a canon duly made if
passed by a vote of a majority of the members of each house but the canon shall not come into effect unless and until at least three quarters of the convocational conferences of this ACNA have assented to it by ordinance and all such assents be in force at the same time.
Provided that upon the formation of two or more provinces under the provisions of this Constitution the convocational conferences that have assented to said bill by ordinance shall include the convocational conferences of members of all of the provinces.
Sections 5-28, inclusive; 33-42, inclusive; 51; 53-55, inclusive; 64-68, 70-80 inclusive; 81(1); 83-84, 86-88, 91, 93-98, 100-102 inclusive; 103 (1), (2)(a) and (3), 116; 117 (1) (a) and (c); 121-124 inclusive.
(2) Upon a canon to alter the Constitution being duly made in accordance with this Section and upon the President determining that there is no condition, or that no condition remains, to which the coming into effect is subject the President shall appoint a date, being not earlier than three months nor later than six months from the date upon which he so determines, on which the canon shall come into effect.
(3) Where a member of the Governing Body is administering a convocation during a vacancy in the see or during the absence or incapacity of the bishop of the convocation, the bishop shall be deemed, for the purpose of sub-paragraph (1)(a)(i), to have voted in favor of the passing of the bill if the member so administering the convocation has voted in favor of the passing of the bill.
(4) Where:
(a) the only lay or clerical representative of a convocation is absent from the Governing Body;
(b) one or more lay or clerical representatives are absent from the Governing Body and only one-half of the number of lay or clerical, as the case may be, representatives have voted in favor of the passing of the bill; a majority of the lay or clerical, as the case may be, representatives shall be deemed, for the purpose of sub-paragraph (1)(a)(i), to have voted in favor of
the passing of the bill if a majority of all the representatives of the convocation present have voted in favor of the passing of the bill.
CHAPTER XII: THE OPERATION OF THIS CONSTITUTION
118. (1) This Constitution shall take effect on and from a day to be appointed in accordance with this section.
The day shall not be appointed until the ACNA has been incorporated by or under an act of the Legislature of a Province of a Dominion of Canada and by or under an act of the Legislature of a Commonwealth or State of the United States of America.
The day shall be appointed by a deed signed by the convocational bishops of all the convocations of the ACNA declaring that their respective convocations have assented to this Constitution.
(3) The convocational bishops signing the deed or such of them as shall still be in office shall be a commission for convening the first session of the Governing Body, and notwithstanding any other provision of this Constitution the commission may do or cause to be done anything necessary or convenient for the convening and holding of the session.
The commission shall appoint the place for the session and the time which shall be not later than twelve months after the day on which this Constitution takes effect, and shall at least three months before the time for the session in such manner as the commission deems proper summon the convocational bishops of the convocations to which this Constitution applies, and require them to convene the prescribed number of clerical and lay representatives of their respective convocations at the appointed time and place.
119. (1) This Constitution shall apply to every founding convocation which assents to the constitution, whether before or after this Constitution takes effect, and to every convocation formed or admitted to the Governing Body under this Constitution. The assent of a convocation shall be given by an ordinance of its convocational conference or the equivalent body or if there be no convocational conference or equivalent body by a certificate of its bishop.
(2) If any founding convocation of the ACNA listed in Section 70 does not assent to this Constitution such convocation shall not by reason only of that fact cease to be in fellowship or communion with the ACNA or with the other founding convocations of the ACNA, but may have association with the ACNA on such terms and conditions as may be agreed upon by ordinance of the convocational conference or equivalent body of the convocation and by canon of the Governing Body.
120. This Constitution and all canons and rules passed and made hereunder shall be binding on the bishops, clergy, and laity as members of the ACNA.
121. (1) Every consensual compact and every enactment in force in the founding convocations of the ACNA listed in Section 70 or in any province or diocese which has become or becomes a province or diocese to which this Constitution applies shall insofar as they are not inconsistent with this Constitution, continue in force in the ACNA or in the province or diocese, until altered under this Constitution or under the constitution of the province or diocese.
This sub-section extends to any determination, rule or regulation made by the bodies known as the Council of the Common Cause Partnership and the Provincial Council of the Anglican Church in North America and any constitution, act, canon, ordinance rule, or regulation made by the convocational conference or equivalent body of any founding convocation of the ACNA.
122. A determination of a provincial tribunal shall be binding upon a convocational tribunal in the province and a determination of the Appellate Tribunal shall be binding upon the Special Tribunal the provincial tribunal and the convocational tribunal provided however that the convocational conference of a convocation may by ordinance direct that a convocational tribunal shall not follow or observe a particular determination of the Appellate or provincial tribunal which has permissive effect only.
123. (1) In the constitution unless the context or subject matter otherwise indicates -
"The ACNA” means the Anglican Church in North America”.
"Alteration" includes repeal, and "alter" and "altered" have a meaning
corresponding with that of alteration.
“Assistant bishop” includes any assistant bishop of a convocation.
“Bishop Primus” includes the bishop exercising the authorities, powers, rights, and duties of the primate of the ACNA.
"Canada" includes the Dominion of Canada and any Territory under
the control of the Dominion of Canada whether by trusteeship or
otherwise.
"Canonical fitness" means, as regards a person, that:
(a) the person has attained at least 30 years of age;
(b) the person has been baptized; and
(c) the person is in presbyters' orders.
"Canonical Scriptures" means the canonical books as defined by the sixth of the Thirty-nine Articles.
"Ceremonial" includes ceremonial according to the use of this Church, and also the obligation to abide by such use.
“Congregation” means an assembly of believing Christians in which the pure Word of God is preached and the sacraments are administered with due order and discipline as ordained by Christ, and which is affiliated with the ACNA through the convocational conference with which the congregation is connected
“Congregation in formation” means a group of persons who adhere to the Christian faith and regularly meet for worship but who have not constituted themselves as an organized congregation by incorporation and adoption of a constitution and bylaws, and who have been constituted a congregation in formation by the bishop of a convocation with the concurrence of the standing committee of the convocation.
“Convocational bishop” means the bishop of a convocation.
"Convocation" means a convocation of the ACNA.
"Doctrine" means the teaching of the ACNA on any question of faith.
"Faith" includes the obligation to hold the faith.
"Governing Body" means the Governing Body under this Constitution.
"License" means a license under seal of the bishop of a convocation, and "licensed" has a meaning corresponding with that of license.
"Member of the ACNA" means a baptized person who attends the public
worship of the ACNA and who declares that he is a member of the ACNA
and of no church which is not in communion with the ACNA.
"Month" means a calendar month, that is, a period commencing at the
beginning of a day of one of the twelve months of the year and ending
immediately before the beginning of the corresponding day of the next month or, if there is no such corresponding day, ending at the expiration of the next month.
"Ordinance" includes any act, canon, constitution, statute, legislative measure or provision of a provincial or convocational conference or of the competent authority in or with respect to a convocation in formation.
“Pastor” includes an ordained or licensed minister of a congregation connected with a convocation conference of the ACNA.
“Presiding bishop” includes the bishop exercising the authorities powers rights and duties of the presiding bishop of a province.
“Printing" shall include typing, duplicating or any other method of producing facsimile copies.
"Province” means a province of the ACNA.
"Ritual" includes rites according to the use of the ACNA, and also the
obligation to abide by such use.
"See" means a see of the ACNA.
"This Constitution" or "the Constitution" means the Constitution of the ACNA.
“The standing committee of the convocational conference” means the body exercising powers and functions of the convocational conference of a convocation of the ACNA on its behalf when it is not in session.
“United States” includes the United States of America and any Territory under the control of the United States of America whether by trusteeship or
otherwise.
"Voting by houses" means the procedure whereby three distinct votes are
taken, that is to say, a vote of the House of Laity, a vote of the House of Clergy, and a vote of the House of Bishops.
(2) In this Constitution "the Books which preceded it,” when used in reference to The Book of Common Prayer of 1662, means the 1549 Book of Common Prayer, the 1552 Book of Common Prayer, the 1559 Book of Common Prayer, and the 1608 Book of Common Prayer of the Church of England.
(3) In this Constitution, unless the context or subject matter otherwise indicates, any reference to faith shall extend to doctrine.
(4) In this Constitution, unless the context or subject matter otherwise indicates, words importing the masculine shall include the feminine.
(5) Where any period of time, dating from a given day, act or event is prescribed or allowed for any purpose by this Constitution or by any canon made under this Constitution, the time shall, unless the contrary intention appears, be reckoned exclusive of such day or of the day of such act or event. Where the last day of any period prescribed or allowed for the doing of anything falls on a Saturday, on a Sunday or on a day which is a public or bank holiday in the place in which the thing is to be done or may be done, the thing may be done on the first day following, which is not a Saturday, a Sunday or a public or bank holiday in that place.
(6) In this Constitution “discipline” means
(a) in Chapters III to VII and XI to XII the obligation to adhere to, to observe and to carry out (as appropriate):
(i) the faith, ritual and ceremonial of the ACNA; and
(ii) the other rules of this Church which impose on the members of the clergy obligations regarding the religious and moral life of this Church; and
(b) in Chapter X , as regards a person in Holy Orders licensed by the bishop of a convocation or resident in a diocese both:
(i) the obligations in the ordinal undertaken by that person; and
(ii) the ordinances in force in that convocation.
124. This Constitution is divided into the following parts and chapters: -
The day shall not be appointed until the ACNA has been incorporated by or under an act of the Legislature of a Province of a Dominion of Canada and by or under an act of the Legislature of a Commonwealth or State of the United States of America.
The day shall be appointed by a deed signed by the convocational bishops of all the convocations of the ACNA declaring that their respective convocations have assented to this Constitution.
(3) The convocational bishops signing the deed or such of them as shall still be in office shall be a commission for convening the first session of the Governing Body, and notwithstanding any other provision of this Constitution the commission may do or cause to be done anything necessary or convenient for the convening and holding of the session.
The commission shall appoint the place for the session and the time which shall be not later than twelve months after the day on which this Constitution takes effect, and shall at least three months before the time for the session in such manner as the commission deems proper summon the convocational bishops of the convocations to which this Constitution applies, and require them to convene the prescribed number of clerical and lay representatives of their respective convocations at the appointed time and place.
119. (1) This Constitution shall apply to every founding convocation which assents to the constitution, whether before or after this Constitution takes effect, and to every convocation formed or admitted to the Governing Body under this Constitution. The assent of a convocation shall be given by an ordinance of its convocational conference or the equivalent body or if there be no convocational conference or equivalent body by a certificate of its bishop.
(2) If any founding convocation of the ACNA listed in Section 70 does not assent to this Constitution such convocation shall not by reason only of that fact cease to be in fellowship or communion with the ACNA or with the other founding convocations of the ACNA, but may have association with the ACNA on such terms and conditions as may be agreed upon by ordinance of the convocational conference or equivalent body of the convocation and by canon of the Governing Body.
120. This Constitution and all canons and rules passed and made hereunder shall be binding on the bishops, clergy, and laity as members of the ACNA.
121. (1) Every consensual compact and every enactment in force in the founding convocations of the ACNA listed in Section 70 or in any province or diocese which has become or becomes a province or diocese to which this Constitution applies shall insofar as they are not inconsistent with this Constitution, continue in force in the ACNA or in the province or diocese, until altered under this Constitution or under the constitution of the province or diocese.
This sub-section extends to any determination, rule or regulation made by the bodies known as the Council of the Common Cause Partnership and the Provincial Council of the Anglican Church in North America and any constitution, act, canon, ordinance rule, or regulation made by the convocational conference or equivalent body of any founding convocation of the ACNA.
122. A determination of a provincial tribunal shall be binding upon a convocational tribunal in the province and a determination of the Appellate Tribunal shall be binding upon the Special Tribunal the provincial tribunal and the convocational tribunal provided however that the convocational conference of a convocation may by ordinance direct that a convocational tribunal shall not follow or observe a particular determination of the Appellate or provincial tribunal which has permissive effect only.
123. (1) In the constitution unless the context or subject matter otherwise indicates -
"The ACNA” means the Anglican Church in North America”.
"Alteration" includes repeal, and "alter" and "altered" have a meaning
corresponding with that of alteration.
“Assistant bishop” includes any assistant bishop of a convocation.
“Bishop Primus” includes the bishop exercising the authorities, powers, rights, and duties of the primate of the ACNA.
"Canada" includes the Dominion of Canada and any Territory under
the control of the Dominion of Canada whether by trusteeship or
otherwise.
"Canonical fitness" means, as regards a person, that:
(a) the person has attained at least 30 years of age;
(b) the person has been baptized; and
(c) the person is in presbyters' orders.
"Canonical Scriptures" means the canonical books as defined by the sixth of the Thirty-nine Articles.
"Ceremonial" includes ceremonial according to the use of this Church, and also the obligation to abide by such use.
“Congregation” means an assembly of believing Christians in which the pure Word of God is preached and the sacraments are administered with due order and discipline as ordained by Christ, and which is affiliated with the ACNA through the convocational conference with which the congregation is connected
“Congregation in formation” means a group of persons who adhere to the Christian faith and regularly meet for worship but who have not constituted themselves as an organized congregation by incorporation and adoption of a constitution and bylaws, and who have been constituted a congregation in formation by the bishop of a convocation with the concurrence of the standing committee of the convocation.
“Convocational bishop” means the bishop of a convocation.
"Convocation" means a convocation of the ACNA.
"Doctrine" means the teaching of the ACNA on any question of faith.
"Faith" includes the obligation to hold the faith.
"Governing Body" means the Governing Body under this Constitution.
"License" means a license under seal of the bishop of a convocation, and "licensed" has a meaning corresponding with that of license.
"Member of the ACNA" means a baptized person who attends the public
worship of the ACNA and who declares that he is a member of the ACNA
and of no church which is not in communion with the ACNA.
"Month" means a calendar month, that is, a period commencing at the
beginning of a day of one of the twelve months of the year and ending
immediately before the beginning of the corresponding day of the next month or, if there is no such corresponding day, ending at the expiration of the next month.
"Ordinance" includes any act, canon, constitution, statute, legislative measure or provision of a provincial or convocational conference or of the competent authority in or with respect to a convocation in formation.
“Pastor” includes an ordained or licensed minister of a congregation connected with a convocation conference of the ACNA.
“Presiding bishop” includes the bishop exercising the authorities powers rights and duties of the presiding bishop of a province.
“Printing" shall include typing, duplicating or any other method of producing facsimile copies.
"Province” means a province of the ACNA.
"Ritual" includes rites according to the use of the ACNA, and also the
obligation to abide by such use.
"See" means a see of the ACNA.
"This Constitution" or "the Constitution" means the Constitution of the ACNA.
“The standing committee of the convocational conference” means the body exercising powers and functions of the convocational conference of a convocation of the ACNA on its behalf when it is not in session.
“United States” includes the United States of America and any Territory under the control of the United States of America whether by trusteeship or
otherwise.
"Voting by houses" means the procedure whereby three distinct votes are
taken, that is to say, a vote of the House of Laity, a vote of the House of Clergy, and a vote of the House of Bishops.
(2) In this Constitution "the Books which preceded it,” when used in reference to The Book of Common Prayer of 1662, means the 1549 Book of Common Prayer, the 1552 Book of Common Prayer, the 1559 Book of Common Prayer, and the 1608 Book of Common Prayer of the Church of England.
(3) In this Constitution, unless the context or subject matter otherwise indicates, any reference to faith shall extend to doctrine.
(4) In this Constitution, unless the context or subject matter otherwise indicates, words importing the masculine shall include the feminine.
(5) Where any period of time, dating from a given day, act or event is prescribed or allowed for any purpose by this Constitution or by any canon made under this Constitution, the time shall, unless the contrary intention appears, be reckoned exclusive of such day or of the day of such act or event. Where the last day of any period prescribed or allowed for the doing of anything falls on a Saturday, on a Sunday or on a day which is a public or bank holiday in the place in which the thing is to be done or may be done, the thing may be done on the first day following, which is not a Saturday, a Sunday or a public or bank holiday in that place.
(6) In this Constitution “discipline” means
(a) in Chapters III to VII and XI to XII the obligation to adhere to, to observe and to carry out (as appropriate):
(i) the faith, ritual and ceremonial of the ACNA; and
(ii) the other rules of this Church which impose on the members of the clergy obligations regarding the religious and moral life of this Church; and
(b) in Chapter X , as regards a person in Holy Orders licensed by the bishop of a convocation or resident in a diocese both:
(i) the obligations in the ordinal undertaken by that person; and
(ii) the ordinances in force in that convocation.
124. This Constitution is divided into the following parts and chapters: -
PART I.
Chapter I. FUNDAMENTAL DECLARATIONS (Sections 1-2)
Chapter II. THE MISSION OF THE ACNA (Sections 3-4)
Chapter II. THE MISSION OF THE ACNA (Sections 3-4)
PART II. THE GOVERNMENT OF THE ACNA
Chapter III. OF THE BISHOPS (Sections 5-32)
Chapter IV. OF THE GOVERNING BODY (Sections 33-50)
Chapter V. OF THE POWERS OF THE GOVERNING BODY
(Sections 51-59)
Chapter VI. COMMITTEES, BOARDS, AND COMMISSIONS
(Sections 60-62)
Chapter VII. THE PROVINCES AND PROVINCIAL CONFERENCES
(Sections 63-68)
Chapter VIII. THE CONVOCATIONS AND CONVOCATIONAL
CONFERENCES (Sections 69-84)
Chapter IX. CONGREGATIONS (Sections 85-103)
Chapter X. THE TRIBUNALS (Sections 104-115)
Chapter XI. THE ALTERATION OF THIS CONSTITUTION
(Sections 116-117)
Chapter XII. THE OPERATION OF THIS CONSTITUTION
(Sections 118-124)
Endnotes:
[1] Tim Smith and George Conger, “Parish is the Basic Unit of the Church in American Anglicanism - Serious Challenges Face American Anglicanism: On What Principles Will a New Order Be Shaped?” Article on the Internet at: http://www.virtueonline.org/portal/modules/news/article.php?storyid=6963
[2] Smith and Conger
[3] Clara O. Loveland, The Critical Years: The Reconstitution of the Anglican Church in the United States of America: 1780-1789 (Greenwich, CT: The Seabury Press, 1956) 284.
[4] John Booty, The Church in History, The Church's Teaching Series (New York: The Seabury Press, 1979) 71.
[5] Roger T. Beckwith, The Church of England: What it is and what it stands for. (Oxford: Latimer House, 1992) Sec. 6.
Chapter IV. OF THE GOVERNING BODY (Sections 33-50)
Chapter V. OF THE POWERS OF THE GOVERNING BODY
(Sections 51-59)
Chapter VI. COMMITTEES, BOARDS, AND COMMISSIONS
(Sections 60-62)
Chapter VII. THE PROVINCES AND PROVINCIAL CONFERENCES
(Sections 63-68)
Chapter VIII. THE CONVOCATIONS AND CONVOCATIONAL
CONFERENCES (Sections 69-84)
Chapter IX. CONGREGATIONS (Sections 85-103)
Chapter X. THE TRIBUNALS (Sections 104-115)
Chapter XI. THE ALTERATION OF THIS CONSTITUTION
(Sections 116-117)
Chapter XII. THE OPERATION OF THIS CONSTITUTION
(Sections 118-124)
Endnotes:
[1] Tim Smith and George Conger, “Parish is the Basic Unit of the Church in American Anglicanism - Serious Challenges Face American Anglicanism: On What Principles Will a New Order Be Shaped?” Article on the Internet at: http://www.virtueonline.org/portal/modules/news/article.php?storyid=6963
[2] Smith and Conger
[3] Clara O. Loveland, The Critical Years: The Reconstitution of the Anglican Church in the United States of America: 1780-1789 (Greenwich, CT: The Seabury Press, 1956) 284.
[4] John Booty, The Church in History, The Church's Teaching Series (New York: The Seabury Press, 1979) 71.
[5] Roger T. Beckwith, The Church of England: What it is and what it stands for. (Oxford: Latimer House, 1992) Sec. 6.
[6] Louis Tarsitano, An Outline of an Anglican Life: Lessons in the Faith and Practice of the Anglican Church (Charlottesville, VA: Carillon Books, 1994 3rd ed.) 87.
[7] Smith and Conger
[8] William White, The Case of the Episcopal Churches in the United States Considered, Richard Solomon, ed. (Philadelphia: Church Historical Society, 1954).
[8] William White, The Case of the Episcopal Churches in the United States Considered, Richard Solomon, ed. (Philadelphia: Church Historical Society, 1954).
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