14-15 GEORGE V.
An Act incorporating The United Church of Canada.
[Assented to 19th July, 1924.]
5. Save as hereinafter provided, all property, real and personal, belonging to or held in trust for or to the use of The Presbyterian Church in Canada, The Methodist Church and The Congregational Churches, or belonging to or held in trust for or to the use of any Corporation, Board, Committee or other body, whether incorporated or un-incorporated, created by or under the government or control of, or in connection with, any of the said churches, shall from and after the coming into force of this Act be vested in The United Church, to be held, used and administered, subject to the provisions of this Act, in accordance with the terms and provisions of the Basis of Union.
6. Subject to the provisions of section eight hereof, all property, real and personal, belonging to or held by or in trust for or to the use of any congregation of any of the negotiating churches, shall, from and after the coming into force of this Act be held, used and administered for the benefit of the same congregation as a part of The United Church in the manner and upon the trusts and subject to the terms and provisions set forth in Schedule B to this Act, and all property, real and personal, thereafter acquired for or belonging to or held by or in trust for or to use of any congregation of The United Church shall be held, used and administered for the benefit of the said congregation as a part of The United Church upon the said trusts and subject to the said terms and provisions. Provided that any property, real or personal, held at the time of the coming into force of this Act or thereafter acquired by devise, bequest, transfer or gift, in trust for any special use of any congregation, shall be held, used and administered in accordance with the special trusts so declared in respect thereof, not being contrary to law or to any by-law, rule or regulation of The United Church, and that in the event of failure or partial failure of any of the said trusts, the said property, in the absence of any express provision for such event, may be held, used, administered or disposed of as may be provided by any by-law, rule or regulation made from time to time by The United Church, but subject always to such laws of any Province of Canada as may be applicable thereto.
8. Any real or personal property belonging to or held by or in trust
for or to the use of any congregation, whether a congregation of the negotiating
churches or a congregation received into The United Church after the coming
into force of this Act, solely for its own benefit, and in which the denomination
to which such congregation belongs has no right or interest, reversionary
or otherwise, shall not be subject to the provisions of sections five and
six hereof or to the control of The United Church, unless and until any
such congregation at a meeting thereof regularly called for the purpose
shall consent that such provisions shall apply to any such property or
a specified part thereof.
15. Where, prior to the coming into force of this section any existing
trust has been created or declared in any manner whatsoever for any special
purpose or object having regard to the teaching, preaching or maintenance
of any principles, doctrines or religious standards, or to the support,
assistance or maintenance of any congregation or minister or charity, or
to the furtherance of any religious, charitable, educational, congregational
or social purpose, in connection with any of the negotiating churches,
such trust shall continue to exist and to be performed as nearly as may
be for the like purposes or objects in connection with The United Church
as The United Church may determine, and anything done in pursuance of this
Act shall not be deemed to be a breach of any such trust but shall be deemed
to be in compliance therewith and a performance thereof, and the entry
of any congregation into The United Church shall not be deemed a change
of its adherence or principles or doctrines or religious standards within
the meaning of any such trust.
18. The United Church shall have power-
(h) To make such by-laws, rules or regulations as it may deem expedient
for the exercise of any powers conferred by this Act.
24. All resolutions passed by the General Council shall have the force
and effect of by-laws...
26. The Basis of Union set forth in Schedule A to this Act is hereby ratified and confirmed as such, and in so far as the terms and provisions thereof relating to polity and administration are not inconsistent with the provisions of this Act they shall have the same force and effect as if expressly set out herein.
27. All Acts and portions of Acts of the Parliament of Canada inconsistent with the provisions of this Act are hereby repealed in so far as may be necessary to give full effect to this Act.
28. Notwithstanding anything in this Act contained, it is hereby declared:-
(a) That the said union of the negotiating churches has been formed by the free and independent action of the said churches through their governing bodies and in accordance with their respective constitutions, and that this Act has been passed at the request of the said churches in order to incorporate The United Church and to make necessary provision with respect to the property of the negotiating churches and the other matters dealt with by this Act.
(b) That nothing in this Act contained shall be deemed to limit the
independent and exclusive right and power of The United Church to legislate
in all matters concerning its doctrine, worship, discipline and government,
including therein the right and power from time to time to frame, adopt,
alter, change, add to or modify its laws, subordinate standards and formulas
and to determine and declare the same or any of them, but subject to the
conditions and safeguards in that behalf contained in the Basis of Union.
THE BASIS OF UNION
II.-THE PASTORAL CHARGE (CIRCUIT OR CONGREGATION)
A.-Charges existing previous to the Union
4. In the management of their local affairs the various churches, charges, circuits or congregations of the negotiating Churches shall be entitled to continue the organization and practices (including those practices relating to membership, church ordinances, Sunday schools and Young People's Societies) enjoyed by them at the time of the union, subject in general affairs to the legislation, principles and discipline of The United Church. Their representatives in the next higher governing body or court shall be chosen as at present.
5. The plan of organization prescribed for pastoral charges to be formed subsequent to the union may at any time be adopted by any church, charge, circuit or congregation existing at the time of the union.
6. Subject to the provisions of the next succeeding paragraph hereof, all property, real and personal, under the jurisdiction of the Parliament of Canada held in trust for or to the use of a church, charge, circuit or congregation of any of the negotiating Churches, shall be held by trustees appointed by or on behalf of such church, charge, circuit or congregation, upon trusts set forth and declared in a Model Trust Deed. This Model Trust Deed should be a schedule to the Act, and should contain, among others, a provision to the following effect: That the property is held for the church, charge, circuit or congregation is a part of The United Church, and that no property so held shall be sold, exchanged, or in any manner encumbered, unless the Presbytery shall, at the instance of the church, charge, circuit or congregation, have given its sanction, subject to an appeal, if desired, to the Conference.
7. Any property or funds owned by a church, charge, circuit or congregation at the time of the union solely for its own benefit, or vested in trustees for the sole benefit of such church, charge, circuit or congregation, and not for the denomination of which the said church, charge, circuit or congregation formed a part, shall not be affected by the legislation giving effect to the union or by any legislation of The United Church without the consent of the church, charge, circuit or congregation for which such property is held in trust.
8. Churches, charges, circuits, or congregations, received subsequent to the union, into The United Church, with the approval of Presbyteries, shall be entitled, if they so desire, to the privileges of sections 4, 5 and 7.
B.-Charges to be formed subsequent to the Union
9. The liberty of the pastoral charge shall be recognized to the fullest extent compatible with:
(a) The oversight of the spiritual interests of the charge by the minister (or ministers) and a body of men specially chosen and set apart or ordained for that work, who shall jointly constitute the session;
(b) The efficient co-operation of the representatives of the various departments of the work of the charge by means of a meeting to be held at least quarterly;
(c) The hearty co-operation of the various pastoral charges in the general work of the Church, and
(d) The exercise by the higher governing bodies or courts of
their powers and functions, hereinafter set forth.
24. The General Council shall have full power:
(2) (a) To legislate on matters respecting the doctrine, worship, membership and government of the Church, subject to the conditions: First, that before any rule or law relative to these matters can become a permanent law, it must receive the approval of a majority of the Presbyteries, and, if advisable, pastoral charges also; Second, that no terms of admission to full membership shall be described other than those laid down in the New Testament; and, Third, that the freedom of worship at present enjoyed in the negotiating Churches shall not be interfered with in The United Church.
(b) To legislate on all matters respecting property, subject
to the limitations elsewhere provided in this Basis of Union, and subject
also to the approval of the Conference in which the property is situated.
TRUSTS OF MODEL DEED
4. And upon further trust, to permit, in conformity with the doctrines, discipline, by-laws, rules and regulations of The United Church of Canada and not otherwise...