This proposed constitution adopts the Anglican Church of Australia as the model for the Anglican Church in North America. The Anglican Church of Australia consists of a number of dioceses and metropolitan sees with not only a long history of autonomy but also quite different theological outlooks. Some dioceses are Anglo-Catholic; others are very Protestant. The Constitution of the Anglican Church of Australia establishes a confederation of these dioceses and metropolitan sees and organizes them into internal provinces on the basis of territory.
The dioceses and metropolitan sees of the Anglican Church of Australia were established at different times and each diocese and see had a separate relationship with the Church of England. Different groups established each diocese and see. Consequently, there is a high degree of theological diversity among the Australian dioceses and sees. The history of the emerging Anglican Church in North America is very much like the history of the Anglican Church in Australia. The Common Cause Partners that form the founding judicatories of the new Anglican Church in North America were also established at different times. Some are extraterritorial missionary convocations of other provinces of Anglican Communion. There is also a high degree of theological diversity among these judicatories.
A major difference between the Anglican Church in North America and the Anglican Church of Australia would be that the Anglican Church in North America would be organized into internal provinces, convocations, and congregations on the basis of theological affinity and not territory. The Anglican Church in North America would basically be a confederation of convocations, each of which would consist of clergy and congregations that hold shared positions on a number of key theological issues. Each convocation would retain a measure of autonomy, as would the congregations forming each convocation. The principal instruments of unity of the Anglican Church in North America would be its Bishop Primus, its Governing Body, and its Special and Appellate Tribunals.
The concept of an ecclesiastical organization that is not territory-based is not new. The Roman Catholic Church has religious orders that have since medieval times had churches in the different dioceses of that denomination but are not subject to the authority of the diocesan bishop. Two jurisdictions operating in the same territory is not unknown in the history of the Anglican Church. The establishment of parallel jurisdictions is increasingly recognized as a practical solution to the theological differences that divide orthodox Anglicans. In a nation in which Christianity is, according to the latest Barna study, no longer the default religion of many Americans a territory-based ecclesiastical organization may actually be a barrier to reaching and evangelizing the unchurched if the ecclesiastical authority and the clergy in a particular district are not committed to carrying out the Great Commission. This was not a uncommon situation in The Episcopal Church during the Decade of Evangelism of the closing decade of the twentieth century.
Fundamental Declarations. The fundamental declarations are taken from the provisional constitution of the Anglican Church in North America (ANCA).
Mission. In addition to a definition of evangelism that has gained wide acceptance among Anglicans this proposed constitution enumerates how the ACNA would go about achieving the central task of the Church. This particular enumeration is adapted from one in the Constitution of the Evangelical Lutheran Church in Canada (ELCIC).
Convocational Bishops and Auxiliary Bishops. Under the provisions of this proposed constitution each convocation would have a convocational bishop and one or more regional or auxiliary bishops. Based upon the experience of the Anglican Mission in the Americas (AMiA), one of the Common Cause Partners forming the ACNA, a convocation would need at least five regional or auxiliary bishops to provide general pastoral care, leadership, and supervision to a convocation consisting of a network of clergy and congregations scattered across Canada and the United States.
The provisions of this proposed constitution anticipate that like the AMiA convocations would normally consist of several regional clusters of clergy and congregations, each cluster having its own bishop. As a convocation grew through the establishment and development of new congregations and the training and ordination of new clergy, the convocation would need an additional regional or auxiliary bishop to provide general pastoral care, leadership, and supervision to each additional regional cluster of congregations and clergy.
Under the provisions of this proposed constitution the bishop and any assistant bishops of a convocation would be elected by the convocational conference of the convocation. The procedure for the conformation of the election of the convocational bishop-elect or other bishop-elect of a convocation is adapted from the provisions of the Constitution of the Anglican Church of the Province of the Southern Cone.
Under the provisions of this proposed constitution convocational bishops and auxiliary bishops of convocations must be a male presbyter in good standing of their convocation, be at least 30 years of age, must meet the Scriptural requirements for an “overseer,” and must be committed to the positions on key theological issues shared by the clergy and congregations of the convocation. The first eligibility requirement rules out the election of a woman to the episcopate of the ACNA. It recognizes that the ACNA contains bishops and other clergy and congregations that are not convinced that the ordination of women is consistent with the Bible or Church tradition and that an all-male episcopate is necessary for the sake of unity of the ACNA.
The first and last eligibility requirements preclude the nomination of a presbyter from outside of the convocation and reduce the possibility of a convocational conference electing as a bishop of the convocation a candidate who is mismatched with the convocation. This has happened a number of times in The Episcopal Church in recent years: a diocesan convention has elected a candidate from outside of the diocese whom the diocesan convention believed was a conservative only to discover after electing the candidate that the candidate was a corporatist or a liberal. They also reduce the possibility of a group within the convocation that does not share the convocation’s positions on key theological issues securing the election of a candidate who shares their positions on these issues and who would work with them to replace the convocation’s positions on the same issues with their own and to marginalize those who hold to the convocation’s original positions.
The provisions of this proposed constitution sets limits upon the term of office of convocational bishops and auxiliary bishops of convocations. They may be elected for up to three ten-year terms of office but must retire at the age of 72. The term limitations are partly an accountability provision. Every ten years a convocational conference would review the performance of the convocational bishop or an auxiliary bishop and may replace the convocational bishop or auxiliary bishop who is not effectively discharging his episcopal duties.
Section 17(1) delineates a number of episcopal functions of a convocational bishop. Convocational bishops would exercise general pastoral care, leadership, and supervision over the congregations and congregations in formation of their convocation; call meetings of the convocational conference and its standing committee and to preside at such meetings; 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; visit congregations and congregations in formation of the convocation and confirm baptized persons who are ready and desirous to be confirmed; ordain deacons and presbyters; license deacons and presbyters who desire to exercise their ministry in one of the congregations or congregations in formation of the convocation; receive ordained ministers from other church bodies, Anglican and non-Anglican; license and commission catechists, evangelists, and readers to serve the convocation and the congregations and congregations in formation of the convocation; represent the convocation in its relations with the other convocations of the ACNA and other church bodies, Anglican and non-Anglican; and perform such other duties as may be entrusted to him by the constitution or ordinances of the convocation. This list of episcopal functions is adapted from the Constitution of the Diocese of West Ankole of the Anglican Church of the Province of Uganda.
Under the provisions of this proposed constitution the convocational bishop of a convocation may authorize alternative forms of services, deviations to the order of services, and occasional offices provided that the doctrine and liturgical usages of such alternative forms of 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. A convocation would be able to prepare forms of services for use within its own congregations if the resource for Common Worship that The Prayer Book and Common Worship Task Force develops contains objectionable doctrine and liturgical usages. The Prayer Book and Common Worship Task Force faces a formidable task in view of the disparate views that North American Anglicans hold on Holy Communion, baptism, and confirmation. A service of Holy Communion, for example, that might be acceptable to Anglo-Catholics would not be to confessional evangelicals and visa versa.
Among the other functions and powers of a convocational bishop is that a convocational bishop may, at the request of the Bishop Primus and with the concurrence of the standing committee of the convocational conference of a convocation, perform the duties of the episcopal office in that convocation during a vacancy in the office of convocational bishop of the convocation. He may assign various functions, powers and duties to any auxiliary bishops of his own convocation. He may appoint commissaries to carryout his duties in his absence. He may be elected to the office of Bishop Primus. If he is a senior convocational bishop, he may exercise the authorities, powers, rights, and duties during any vacancy in the office or incapacity of the Bishop Primus or during the absence of the Bishop Primus from North America for over 30 days. He would sit as a voting member in the House of Bishops of the Governing Body of the ACNA. He would certify and transmit to the Bishop Primus lists and supplementary lists of names and addresses of the clerical and lay representatives of the convocation elected or appointed to the Governing Body. If he is a senior convocational bishop, he may preside over the House of Bishops and the Governing Body in the absence of the Bishop Primus or at the request of the Bishop Primus.
A convocational bishop would be ex officio a member of the Standing Committee of the Governing Body of the ACNA. He may be elected to serve as the Chairman or the Vice Chairman of the Standing Committee. He would serve in rotation with the other convocational bishops of a province as the presiding bishop of the province.
A convocational bishop must be consulted when a congregation wants to call or dismiss a pastor. He would normally appoint the pastor of a newly formed congregation. He may, with the concurrence of the congregation, appoint to serve as pastor of a congregation a deacon, catechist, or reader licensed by him. When making such an appointment, he would also assign a supervising presbyter. He must be consulted when a congregation wants to transfer out of his jurisdiction or into his jurisdiction. He must also be consulted if a congregation wants to withdraw from his jurisdiction and become an independent congregation or affiliate with another Anglican or other Christian church body. He must be consulted when a congregation is considering dissolution. He would counsel with a congregation that has persisted in one or more of the offenses listed in Section 100 and may admonish the congregation. He may, upon the petition of the members of an unorganized congregation and with the concurrence of the standing committee of the convocational conference, constitute such a congregations as a congregation in formation. He may, at the request or with the concurrence of the congregation in formation, appoint a deacon, catechist, or reader licensed by him to serve the congregation in formation in a pastoral capacity and assign a supervising presbyter.
A convocational bishop would be ex officio the president of the convocational tribunal and would appoint the deputy president of the tribunal. He would appoint the promoter of a charge under certain circumstances. He may mitigate the sentence or suspend the operation of the sentence or do both in case of someone tried, found guilty, and sentenced in the convocational court of his convocation. In the capacity of presiding bishop of a province he would be ex officio president of the provincial tribunal and would appoint the deputy president of the tribunal. He may be elected or appointed to the Special Tribunal. He may be appointed to the Appellate Tribunal. He may, with the concurrence of the standing committee of the convocation conference, suspend from the duties of his office any person who is licensed by him and against whom a charge has been promoted, and make arrangements for the performance of the duties of the office. He may revoke the suspension.
A regional or auxiliary bishop of a convocation would have such functions, powers, and duties as may be assigned to him by the convocational bishop of the convocation or prescribed by the constitution and ordinances of the convocation.
The Bishop Primus. The ACNA would have a primate whose title and style would be the Bishop Primus of the ACNA. The Bishop Primus would be elected by the House of Bishops of the ACNA from its members in good standing. The Bishop Primus would hold office for five years and may be reelected for one additional five year term. He would not be able to serve beyond the mandatory retirement age of 72.
In his role as primate of the ACNA the Bishop Primus would represent the ACNA in its relations with the other provinces of the Anglican Communion and other church bodies, Anglican and non-Anglican.
The Bishop Primus would, with the concurrence of the standing committee of the convocational conference, be able to request one of the convocational bishops of the ACNA to perform the duties of the episcopal office in a convocation during a vacancy in the office of convocational bishop of a convocation. When the confirmation of the election of a convocational bishop-elect or auxiliary bishop-elect is conducted by mail or email, he would receive the votes from the other bishops of the ACNA, tally them, and notify them of the final result.
The Bishop Primus would be able to convene meetings of the House of Bishops on his own initiative and would be required to convene them on the written request of not less one third of the bishops. He would certify the decisions of the House of Bishops.
The Bishop Primus would preside over the House of Bishops and the Governing Body. He would convene special session of the Governing Body at the written request 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. At least four months before the time for any ordinary or special session of the Governing Body he would summon the convocational 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. He or the Standing Committee of the Governing Body would decide what business is considered at a special session of the Governing Body. He would appoint the members of the Special Tribunal on the nomination of the Standing Committee of the Governing Body and may, 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, appoint “a person eligible to be appointed as that member to act in place of that member during the absence or inability.” He would perform a number of functions related to appeals to the Appellate Tribunal or other tribunals that have jurisdiction to hear an appeal.
The Governing Body. Under the provisions of this proposed constitution the highest legislative and executive body of the ACNA would be the Governing Body, which is modeled upon the General Synod of the Anglican Church of Australia. Its name and title is taken from the Governing Body of the Church in Wales. The Governing Body would consist of a House of Bishops, a House of Clergy, and a House of Laity. The House of Bishops would consist of all the convocational bishops and auxiliary bishops of the convocations of the ACNA. The House of Clergy would consist of elected clerical representatives of each convocation. The House of Laity would consist of elected lay representatives of each convocation. The number of elected clerical representatives would not exceed one half of the number of the elected lay representatives. The three houses would normally meet together but under certain circumstances may meet separately. Ordinary sessions of the Governing Body would normally be held every three years. The Governing Body would have power to make canons and rules and to alter the constitution of the ACNA, subject to the provisions of the constitution.
Legislative Procedure. The provisions of this proposed constitution require that any proposed canon that deals with or concerns the ritual, ceremonial, discipline, or ordained ministry of the ACNA would be treated as a special bill. In order to pass the Governing Body a special bill must be approved by at least two-thirds of the members of each of the three houses present. If a special bill passes the Governing Body, it would become a provisional canon. The provisional canon would then be referred to the convocation conference of each convocation for its consideration. Each convocation conference would, within a period of time specified by canon or by the provision canon, submit to the President of the Governing Body “its assent to or dissent from the provisional canon together with such report and recommendation as it may think fit.” If every convocation conference assents to the provisional canon, it would, upon the declaration of the President that every convocational conference had assented to it, be a canon duly passed. However, if every convocational conference does not assent to the provisional canon, the reports and recommendations received from the convocational conferences would be presented to the Governing Body and the provisional canon would be presented to the Governing Body as if it were a bill. If the bill were approved by at least two-thirds of the members of each of the three houses present, it would be a canon duly passed. However, if the Governing Body. immediately before the vote is taken, by a majority of the three houses voting together, so resolved, it would be a provisional bill only, whereupon the foregoing procedure would again be followed.
Any canon affecting the ritual, ceremonial, discipline, or ordained ministry of the ACNA would be deemed to affect the order and good government of the Church within a convocation, and would not come into force in any convocation unless and until the convocation by ordinance adopts the canon. If the Governing Body declares that the provisions of any other canon affect the order and good government of the ACNA within a convocation, it would not come into force in any convocation unless and until the convocation by ordinance adopts it. If the Governing Body does not so declare, the convocational conference of a convocation may declare its opinion that the provisions of the canon affect the order and good government of the Church within such convocation and notify the President within one month after so declaring its opinion. If that convocational conference so declare its opinion within a period of two years from the date of the passing of the canon and the Standing Committee of the Governing Body advises the President that it agrees with the convocational conference’s opinion the canon would not and would be deemed not to have come into force in that convocation unless and until it is adopted by ordinance of the convocation conference. If the convocational conference declare its opinion at any time after the expiration of the period of two years and the Standing Committee of the Governing Body advises the President that it agrees with the convocational conference’s opinion the canon would cease to apply to the convocation as from the date of the Standing Committee’s declaration and would not after that date again come into force in such convocation unless and until it is adopted by ordinance of the convocational conference. If the Standing Committee of the Governing Body in either case does not so advise the President he would refer the question raised by the convocational conference’s opinion to the Appellate Tribunal for its determination and unless the Appellate Tribunal determines the question in the negative the canon would be deemed not to have come into force in that convocation in the first case or to have force or effect in the that convocation after the date of the convocational conference’s declaration in the second case until the convocational conference by ordinance adopts the canon. Any canon adopted as just described by a convocational conference may by ordinance be excluded at a subsequent date.
These provisions are taken from the constitution of the Anglican Church of Australia, as is a large part of this constitution. They provide safeguards against enactments of the Governing Body that would impose unacceptable changes in faith, ritual, discipline, and ordained ministry upon a convocation.
Under the provisions of the provisional constitution of the ACNA, one group can, over a period of time, come to dominate the Provincial Assembly and the Provincial Council and to impose its agenda upon the ACNA as the liberals and revisionists have done in the Anglican Church of Canada and The Episcopal Church. This would be much more difficult under the provisions of this proposed constitution as a number of requirements like the foregoing would act as a check upon their ambitions. The preceding requirements also discourage hastily conceived legislation. They encourage those seeking to propose legislation in the Governing Body to consult with all the convocational conferences beforehand and to work out with the convocational conferences legislative proposals that are agreeable to them.
Financial Liabilities of Convocations. The provisions of this proposed constitution limit what financial liabilities the Governing Body would be able to impose on any convocation by canon or rule.
Training, Ordination, and Licensing of Clergy. The provisions of this proposed constitution would require any canon setting standards for the training, ordination, and licensing of ACNA clergy to be assented to by all the convocations of the ACNA. This would require the convocations to work out standards that are acceptable to every convocation. While it is desirable to establish and maintain high standards for the training, ordination and licensing of clergy, the requirement that every candidate for holy orders must attend a theological seminary would take 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 would place 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. In the case of small membership churches such individuals generally are newly ordained pastors fresh out of seminary or older pastors a few years away from retirement and do not remain long enough at the church to build relationships in the community and to earn the trust of the community. Consequently small membership churches suffer not only a high turnover in pastoral leadership but also a lack of effective pastoral leadership.
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 requirement that all persons serving as a pastor of an ACNA congregation must be in deacon’s or presbyter’s orders would keep a number of convocations 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 congregation would be relegated to the sidelines because they are not ordained and their particular circumstances prevent them from attending a seminary in preparation for ordination.
The requirement that the pastor of the congregation should be full-time and stipendiary has not only proven a difficult requirement for a substantial number of North American Anglican congregations to meet, it would in the present economic climate likely to prove a difficult requirement for an even larger number of North American Anglican congregations to meet. An Anglican church body that adopted this requirement could anticipate extremely limited growth.
The provisions of the proposed constitution allow for the formation of candidates for holy orders outside of a three-year residential program at a theological seminary. Formation in a three-year residential program at a seminary would be just one of a number of options for preparing candidates for holy orders. Candidates for holy orders would be able to engage in ministry in a congregation while preparing for ordination. The provisions of the constitution permit the ordination of such candidates for holy orders before they complete their program of preparation. They 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 would be able to 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 a convocation.
The provisions of this proposed constitution anticipate the widespread practice of congregations of the ACNA forming sub-congregations pastored by a deacon, catechist, or reader licensed by the convocational bishop of their convocation and serving under the direction and guidance of the rector of the congregation or another supervising presbyter. 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.
The provisions of this proposed constitution prohibit the Governing Body from making a canon or rule that abridges or impairs the right of a convocational bishop who does not recognize the validity of the ordination of a woman to holy orders on theological grounds not to admit a woman as a postulant or candidate for holy orders in the convocation or not to license a woman who has been ordained in another convocation or church body, Anglican or non-Anglican, and who desires to exercise her ministry in one of the congregations or congregations in formation of the convocation.
The Standing Committee of the Governing Body. The Governing Body would exercise its executive powers and duties through its Standing Committee and its other committees, boards, and commissions. Its Standing Committee would consist of the convocational bishops and elected clerical and lay representatives of each convocation.
Provinces. Under the provisions of this proposed constitution four or more convocations sharing the same positions on key theological issues would be able to form an internal nongeographic province. The Governing Body would have the authority to permit the formation a province from a smaller number of convocations that share the same positions on key theological issues. The provisions of this proposed constitution anticipate that the major theological streams represented in the ACNA would each form an internal province consisting of all of the convocations standing in a particular theological stream. The result would be three or more provinces, each taking a different position on such key theological issues as women’s ordination, the sacraments, the episcopacy, and apostolic succession, and forming one of three or more parallel jurisdictions in North America, all of which would be a part of the ACNA. This would be a further development of the “third province” concept that was circulated in the Church of England as a possible solution to the division in that church over women’s ordination.
Each internal province would have a presiding bishop and a provincial conference consisting of elected clerical and lay representatives of the convocations forming the province. The office of presiding bishop of a province would be rotated among the convocational bishops of the province with each convocation bishop serving in turn as presiding bishop. The powers and functions of the presiding bishop and the provincial conference would be delineated in the constitution and ordinances of the province, subject to constitution and canons of the ACNA.
Convocations. Under the provisions of this proposed constitution nongeographic convocations would replace geographic dioceses. Instead of overseeing a group of clergy and congregations situated in a particular district, bishops would superintend a network of clergy and congregations united by shared positions on a number of key theological issues. The network might consist of congregations in close proximity to each other or scattered over a wide area. Unlike a diocese, it would not be wedded to a particular district. All convocations would share the same geographic territory—Canada, the United States and their territories. The constitution also makes provision for convocations outside of Canada and the United States.
The organization of internal provinces and convocations upon the basis of theological affinity instead of territory recognizes a historical reality: throwing groups with disparate theologies together in the same judicatory leads to tension, rivalry, and power struggles. While theologically homogenous internal provinces and convocations might not eliminate tension, rivalry, and power struggles, such bodies would help to reduce them. As previously noted, the internal provinces and convocations of the ACNA 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.
At least six worshiping congregations is the minimum number of congregations required to form a geographic convocation under the provisions of the constitution of the Anglican Communion Network. At least six parishes, or self-supporting congregations, each in charge of its own presbyter, is the minimum number of congregations required to form a territory-based diocese under the provisions of the constitutions of the Anglican Church in America, the Anglican Province of America, and The Episcopal Church. The constitution of the Anglican Church of the Province of the Southern Cone of South America requires a minimum of eight congregations, eight presbyters, eight congregations in formation, and eight lay leaders capable of leading a congregation for the formation of a new diocese. Southern Cone’s constitution makes an exception in the case of Bolivia. Only three congregations, three presbyters, and two lay leaders are required. The old canons of the Reformed Episcopal Church required a minimum of ten parishes and ten presbyters for the formation of a new synod. Its revised constitution and canons does away with synods as the basic judicatory of the Reformed Episcopal Church and with them this requirement. The revised canons set no minimum requirement for the number of parishes and presbyters needed to form a diocese. The proposed constitution of the Anglican Missionary Province in North America, one of the foundational documents of the Anglican Mission in the Americas, requires the minimum of ten congregations for the formation of a diocese and the minimum of three congregations for the formation of a missionary jurisdiction. This proposed constitution adopts a minimum of eight congregations with an aggregate membership of 400 people as the minimum number of congregations required to form a convocation.
Even these requirements would discriminate against small membership churches in some regions of Canada and the United States. A survey of the constitutions and canons of a number of judicatories of three Anglican church bodies in North America—the Anglican Church of Canada, The Episcopal Church, and the Reformed Episcopal Church revealed a wide range in the number of adult communicants required for the formation of a parish. The Anglican Church of Canada dioceses surveyed did not specify a minimum number of adult communicants as a requirement for the formation of a parish with the exception of the Diocese of Rupert’s Land, which requires a minimum of 20 adult communicants. The Episcopal Church dioceses surveyed ranged from a minimum of 20 adult communicants in West Tennessee to a minimum of 100 adult communicants in Washington DC. Between these extremes was Kentucky with a minimum of 30 adult communicants, Mississippi with a minimum of 40 adult communicants, East Tennessee with a minimum of 50 adult communicants, and Louisiana with a minimum of 75 adult communicants. A determining factor appears to be the population density of the districts forming these dioceses.
A number of parishes in these dioceses would not meet the requirement of the provisional canons of the ACNA of an Average Sunday Attendance of 50 people. In most churches average Sunday attendance, exclusive of visitors, typically represents approximately two-thirds of the members of a congregation. A congregation with an average of 50 members in attendance on Sunday morning is likely to have a membership of 75 people.
Under the requirements of the ACNA provisional canons small membership churches in these dioceses would be prevented from forming an ACNA cluster, diocese, or network if none of the larger churches in their respective dioceses wanted to join with them.
The minimal number of adult communicants required for the formation of a parish in the Reformed Episcopal Church ranges from 30 to 40. If the Reformed Episcopal Church had not been grandfathered into the ACNA, a number of its parishes in areas where there were no large churches would also be prevented from forming an ACNA judicatory.
To remedy this problem, the provisions of this proposed constitution permit the Governing Body to authorize less than eight congregations with an aggregate membership of less than 400 baptized persons or eight or more congregations with an aggregate membership of less than 400 baptized persons to proceed with organizing itself into an ACNA convocation.
To discourage individuals with papal or patriarchal aspirations from forming a convocation with a view to establishing within it their own personal fiefdom, a problem that has beset the Continuum and partially explains the propensity of Continuum judicatories to fragment, this proposed constitution as previously noted places limits on the term of office of a convocational bishop.
During its first decade or two the ACNA can be expected to experience a period of internal realignment and the proposed constitution makes provision for this realignment. The proposed constitution anticipates the transfer of congregations both en mass and on an individual basis from convocations with which they do not share the same positions on key theological issues to convocations with which they do.
Each convocation would have a convocational conference consisting of the stipendiary and other licensed clergy of the convocation, elected lay delegates of the congregations of the convocation, and licensed catechists and readers serving as a pastor of a congregation or congregation in formation of the convocation.
Newly formed congregations, independent congregations, and congregations previously affiliated with another Anglican or other Christian church body would be admitted to the convocational conference by action of the convocational conference. Transferring congregations would be admitted to the convocational conference by action of its standing committee.
Suspension and Expulsion of Convocations. The proposed constitution delineates the procedures for the suspension of a convocation, the revocation or extension of the suspension of a suspended convocation, the expulsion of a convocation, and the readmission of an expelled convocation.
Congregations. Under the provisions of this proposed constitution congregations would enjoy considerable autonomy in the management of their own affairs. They would have the right to organize themselves in the manner that they deem most appropriate; to determine what Prayer Book or Prayer Books, including lawful deviations from the order of the services in the Prayer Book or Prayers Books, authorized alternative forms of services and occasional offices, other forms of prayer, music, ceremonial, and vestments, if any, may be used in their services of public worship; to call and dismiss their own pastor or pastors after consulting with the bishop of their convocation; to determine the membership requirements of their members, the procedures for admission and dismissal of members, and the procedures for the discipline of their members; to retain or secure their own charter, or articles of incorporation, and name; to adopt and alter their own constitution and bylaws; to formulate their own statement of faith; to elect their own officers and elect or appoint their own boards, commissions, councils, and committees; to adopt their own annual budget and any supplements thereto; to develop, implement, review, and modify their own programming; to establish and maintain a distinct character of their own on the ground of theology; to associate with congregations of like theology; to acquire, own, manage and dispose of property and funds; to control their own benevolences; to transfer by their 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 them; to withdraw by their own decision from the ACNA at any time without forfeiture of ownership or control of any real or personal property owned by them; and to designate in the event of their dissolution to which recipients any undisposed funds or property should be paid or distributed. Congregations would also retain authority in all matters not assigned by the provisional constitution to the Anglican Church in North America, its internal provinces, and its convocations and their bishops.
(I was advised in a recent email that Sections 90(q) and 99 may be illegal since Section 90(a) does not qualify to what recipients any remaining assets may be paid or distributed and Section 99 permits the payment or distribution of any remaining assests to the surviving members of the dissolved congregation and their heirs but the email did not specific what federal or state statutes that it violated and how it violated those statutes. The non-profit status of a church may limit to what recipients any remaining assets may be given such as to another non-profit organization with similar purposes as the dissolved church or another non-profit charitable organization. To my knowledge there is not a federal or state statute requiring any remaining assets to be donated to the denomination unless the provisions of the denomination’s constitution and canons require their donation to the denomination and the church, when it joined the denomination, agreed to these provisions. What we have here may a potential source of conflict in the new province.)
The high level of autonomy and self-determination that a congregation would enjoy under the provisions of this proposed constitution reflects the particular character of North American Anglicanism that historically has been more congregational than Anglicanism in the United Kingdom and elsewhere. See Tim Smith and George Conger’s 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?” [2]
It also recognizes one of the realities of the present situation in Canada and the United States. Congregations that broke away from the Anglican Church of Canada and The Episcopal Church left those two provinces over issues that related to congregational autonomy and self-determination as well as issues related to the authority of the Bible. They have become accustomed to a greater level of autonomy and self-determination in internal organization, worship, programming, theological identity, and the like than they enjoyed in the Anglican Church of Canada and The Episcopal Church. They can be expected to migrate to the judicatory that allows them the degree of autonomy and self-determination to which they have become accustomed and they can also be expected to experience tension and conflict with the judicatory that does not.
There are, of course, congregations that may prefer a more authoritarian milieu. These congregations are likely to migrate to a judicatory that offers that kind of milieu. The terms of this constitution make allowances for both types of congregations. This is consistent with the principle of ecclesiastical organization on the basis of theological affinity embodied in this constitution.
A congregation’s understanding of congregational autonomy and self-determination is tied to the ecclesiology of the theological stream in which it stands as well as to its experiences. Anglo-Catholic congregations tend to lean toward authoritarianism. Charismatic and evangelical congregations tend to lean toward autonomy and self-determination. This proposed constitution offers sufficient flexibility to accommodate both leanings.
The provisions of this proposed constitution require that every convocational conference should establish by ordinance the minimal requirements that a congregation must meet to call its own pastor in its convocation and further require such ordinance should permit a congregation to call a bivocational or non-stipendiary pastor if the congregation does not have the ability from its resources to pay the minimum stipend and allowances of a stipendiary pastor but meets all other requirements. This is intended to encourage the development of pastoral leadership alternatives to employing the services of a full-time stipendiary pastor and to reduce the dependence of congregations upon subsidies from the convocation. It recognizes that while the leadership of a full-time stipendiary pastor may be desirable, it is not essential to the life of a congregation. Congregation can, under the leadership of a bivocational or other non-stipendiary pastor, experience numerical and gospel growth and have an impact upon their respective communities. The financial condition of a substantial number of small-membership churches may never be such that they can employ the services of a full-time stipendiary pastor. However, they may have sufficient financial commitment to rent a building or to purchase land and construct a modest-sized building, to sustain their own life, to make provision for regular worship, and to participate in the life of the convocation. The number of churches falling into this category is likely to increase in times of economic dislocation. Subsidization of congregations, while it may be helpful to newly formed congregations, can in the long term foster an unhealthy relationship between a congregation and the judicatory, in which the congregation relies too heavily upon the judicatory for financial aid and fails to develop its own resources. This kind of dependency discourages numerical and gospel growth.
In The Episcopal Church congregations that depend upon diocesan financial aid must accept whomever the diocesan bishop appoints as the pastor of the congregation. In liberal dioceses bishops have appointed as pastors of conservative congregations in conservative communities individuals who are, due to their gender, sexual orientation, and/or theological views, not only objectionable to the members of the congregation but also to the community in which the congregation is located. As a consequence these congregations have lost members and have suffered damage to their public image in their respective communities. Their ability to reach and evangelize the unchurched in their respective communities has been impaired.
Congregations would be free to transfer from the jurisdiction of one convocation to the jurisdiction of another convocation. This provision recognizes that during the first few years of the ACNA a number of congregations are likely to discover that they have no real affinity with the convocation that they joined when they left the Anglican Church of Canada or The Episcopal Church. It is designed to facilitate their migration to a convocation with which they do have affinity and to reduce the potential for tension and conflict between mismatched congregations and convocations.
Ecclesiastical Discipline. The discipline of members of a congregation is the responsibility of the congregation under the provisions of this proposed constitution. The proposed constitution does, however, make provision for the suspension or expulsion of ACNA congregations that fail to discipline their members. The discipline of ACNA clergy is the responsibility of the convocational tribunal, the court of the convocational bishop of the convocation, over which the convocational bishop himself presides.
The Tribunals. The proposed constitution provides for a system of tribunals for the discipline of clergy, the hearing of appeals, and the interpretation of the provisions of the constitution, and the determination of the constitutionality of proposed canons and rules. This system is an adaptation of the system of tribunals of the Anglican Church of Australia to a theological affinity-based ecclesiastical organization.
Alteration of the Constitution. Some provisions of this proposed constitution may be altered by canon of the Governing Body passed by a vote of at least two thirds of the members of each house and assented to by ordinance of a majority of all convocations. Upon the formation of two or more provinces under the provisions of the proposed constitution the convocations assenting to the canon must include members of at least two provinces. Other provisions of this proposed constitution may be altered by canon of the Governing Body passed by a vote of a majority of the members of each house and assented to by ordinance of at least three quarters of the convocational conferences of the ACNA by ordinance. All such assents must be in force at the same time. Upon the formation of two or more provinces under the provisions of the proposed constitution the convocational conferences assenting by ordinance to the canon must include the convocational conferences of members of all the province. A number of provisions may be altered by canon of the Governing Body passed by a vote of a majority of the members of each house and assented to by ordinance of every convocational conference of the ACNA. All such assents must be in force at the same time.
For those who read the original draft of this proposed constitution the revisions were made in Sections 12, 17(d), 18, 57(4), and 72(1) and (2). The wording of each section of the proposed constitution has, where necessary, been altered so that it conforms to the revised sections of the constitution.
[1] Dirk C. Reinken, “Archbishop Ussher’s Proposal for Synodical Government (1641): Its Scriptural and Patristic Origins and Its Relevance for Today,” Project Canterbury AD 2002, 1. Article on the Internet at: http://anglicanhistory.org/essays/reinken_ussher.pdf
[2] 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
PART I.
CHAPTER I: FUNDAMENTAL DECLARATIONS
(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.
PART II. THE GOVERNMENT OF THE ACNA
CHAPTER III: OF THE BISHOPS
5. There shall be a convocational bishop of each convocation of the ACNA.
6. The convocational 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 convocations 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 convocational bishop of a convocation shall be eligible for reelection to the office of convocational 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 convocational 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 convocational bishop of a convocation may be provided by the convocational 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 convocational 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 convocational bishop is held, the outgoing convocational bishop of the convocation shall preside. In the absence of the outgoing convocational 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 convocational bishop or any other 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, two-thirds (2/3) of the elected lay delegates from at least two-thirds (2/3) of the congregations connected with the convocational conference, and two-thirds (2/3) of the licensed catechists and readers entitled to sit as voting members in 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 convocational bishop-elect or auxiliary 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 convocational bishop-elect or auxiliary bishop-elect based upon an extensive knowledge of the person.
15. The bishops of the ACNA confirm the election of the convocational bishop-elect or auxiliary 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 convocational bishop-elect or other 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 convocational bishop-elect or other bishop-elect of a convocation, the convocational conference shall conduct a new election.
17. (1) The convocational 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 of the convocation 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 visit the congregations and congregations in formation of the convocation and to confirm baptized persons who are ready and desirous to be confirmed;
(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 convocational bishop of a convocation may authorize alternative forms of service, deviations to the order of services, and occasional offices provided that the doctrine and liturgical usages of such alternative forms of service, 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.
REGIONAL OR AUXILIARY BISHOPS
18. With the consent of the convocational bishop of a convocation and the Standing Committee of the Governing Body a convocation may have one or more qualified bishops elected to serve as regional or auxiliary bishops of the convocation.
19. A regional or auxiliary 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 convocational conference.
20. Subject to confirmation of his election as to his canonical fitness, an auxiliary bishop shall be elected by the convocational conference in the same manner as the convocational bishop of the convocation.
A regional or auxiliary 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 auxiliary bishop for two additional terms of ten (10) years each provided that no auxiliary bishop may serve beyond the mandatory retirement age of 72.
21. A regional or auxiliary bishop of a convocation shall have such functions, powers, and duties as may be assigned to him by the convocational 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 auxiliary bishop of a convocation shall normally be provided by the convocational bishop of the affected convocation or by another bishop of the convocation at the request of the convocational bishop of the convocation.
23. The vote of the bishops of the ACNA confirming the election of an auxiliary bishop-elect of a convocation shall include the votes of the convocational bishop and the other bishops, if there are any, of the convocation affected.
COMMISSARIES
24. (1) The convocational bishop and other bishops of a convocation may appoint one or more commissaries to carry out their duties in their absence.
(2) If a convocational bishop or other 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 by the style and title of 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 convocational 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 convocational 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
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 convocational bishops and other 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 convocational 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 convocational 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 convocational 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 convocational bishop or other 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 convocational 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 convocational 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 convocational 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.
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, discipline, and ordained ministry 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 Bishop Primus 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) If 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
(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 training, 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 convocational 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 convocational 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 convocational 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
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.
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.
CHAPTER VIII. THE CONVOCATIONS 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 eight or more congregations with an aggregate membership of at least 400 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 eight congregations with an aggregate membership of less than 400 baptized persons or by eight or more congregations with an aggregate membership of less than 400 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 convocational 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 convocational bishop of the convocation,
(b) Any other bishops of the convocation,
(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 serving as a pastor of a congregation or congregation in formation of the convocation.
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.
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 convocational 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 their bishops, 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 provided that such statement is consistent with the Fundamental Declarations of the ACNA;
(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 convocational bishop of a convocation after consultation with the congregation.
The convocation 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 convocational 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 convocational 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 convocational 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 convocational 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 bivocational or other 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 convocational bishop of its present convocation and the convocational 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 convocational 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 convocational bishop of the synod or his authorized representative 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 convocational bishop of the convocation or his 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 convocational 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 convocational 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.
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 convocational 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 convocational 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 convocational 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 convocational 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 convocational 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 convocational bishop of the convocation and shall consist of a president, who shall be the convocational 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 convocational bishop of the convocation,
(ii) any retired deacon or presbyter licensed by the convocational 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 convocational bishop, any other bishop of the convocation, any officer of the convocation, any member of the convocational conference, any person in holy orders licensed by the convocational bishop of the convocation or holding office in the convocation, any employee of the convocation conference or any convocational society, council, board, agency, or authority, 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 convocational 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 convocational 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 convocational 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 convocational bishop of the convocation shall consult as to penalty with the convocational 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 convocational 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 convocational 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 convocational 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 Bishop Primus 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 convocational 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 convocational 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 convocational 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 convocational 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 convocational 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 convocational bishop of a convocation, the convocational 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 convocational bishop may deem proper.
(2) The convocational bishop of a convocation may suspend a person referred to in Section 105 (2) from the duties of his office where –
(a) the convocational 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 convocational 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 convocational bishop, served on the person to be suspended, and which states –
(a) the intention of the convocational 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 convocational 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 convocational 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 convocational bishop or other bishop of a convocation, the President of the Special Tribunal with the concurrence of the standing committee of the convocational conference, meeting when the convocational bishop or other bishop is not present, may, after considering any submission from the convocational bishop or other 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, discipline, or ordained ministry of the ACNA 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 convocational 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 this Church 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 convocational bishop of the convocation, the convocational 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.
“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 convocational bishop of a convocation with the concurrence of the standing committee of the convocation.
“Convocational bishop” means the convocational 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.
“Regional or auxiliary bishop” includes any auxiliary bishop of a convocation.
"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)
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)
Thank you for all your work. You have obviously devoted a great deal of time to this, and your comments deserve consideration. One prays that it will be noticed in the right place by the right people.
ReplyDeleteOne of the major changes that I would make in this proposed constitution would be in the fundamental declarations. I would replace them with something along the lines of Canon A5 of the Church of England, which the Global Fellowship of Confessing Anglicans has adopted as best expressing the doctrinal foundation of Anglicanism, which defines its core identity. The late Peter Toon proposed the substitution of a modified version of Canon A5 for the seven declarations from the Common Cause Theological Statement, which comprise the ACNA fundamental declarations. He would would have replaced "The Book of Common Prayer" with "The Book of Common Prayer in its 1662, 1928 American, and 1962 Canadian editions." However, the 1928 American Prayer Book and the 1962 Prayer Book differ significantly in their doctrine in key areas. They are not slightly different versions of the 1662 Prayer Book as Toon was want to maintain. His proposal suffers from the same problem as the ACNA fundamental declaration relating to the 1662 Prayer Book. It includes other Prayer Books as part of its doctrinal and worship standard, effectively diluting the 1662 Prayer Book's authority as an Anglican formulary. The modification of Canon A5, which I propose, would only identify the Articles of Religion as those of 1571, the Prayer Book as that of 1662, and the Ordinal as that of 1661.
ReplyDelete