By-laws of the Archdiocese of Canada

By-laws of the Archdiocese of Canada

The following By-laws of the Archdiocese of Canada were promulgated in 1990.

Revisions, additions, and corrections since then are not included in this provision.

THE BY-LAWS

OF

THE ARCHDIOCESE OF CANADA

THE ORTHODOX CHURCH IN AMERICA

Adopted 29 June, 1990

THE CORPORATION SHALL EXERCISE ITS POWERS BY AND THROUGH
THE BOARDS AND COMMITTEES AND SHALL OPERATE ACCORDING
<div TO THE RULES AND REGULATIONS AND PROCEDURES SET OUT
IN THE ATTACHED BY-LAWS

DATED AT THE CITY OF OYSTER BAY COVE, N.Y.,

THIS 28TH DAY OF AUGUST, AD 1990

(signed)
+THEODOSIUS
Archbishop of Washington
Metropolitan of All America and Canada

BY-LAWS OF THE ARCHDIOCESE OF CANADA

ORTHODOX CHURCH IN AMERICA

Table of Contents

• PREAMBLE

• 1.1 NAME OF CORPORATION
• 1.2 AFFILIATION OF THE CORPORATION
• 1.3 ROLE OF THE STATUTE IN THE CORPORATION
• 1.4 OPERATIONS OF THE CORPORATION
• 2.1 COMPOSITION OF CORPORATION
• 2.2 OFFICERS OF CORPORATION
• 2.3 DIRECTORS OF CORPORATION
• 2.4 MEMBERS OF CORPORA TON
• 3.1 PROCESS FOR ELECTION OF ARCHDIOCESAN BISHOP WHO SHALL BE THE PRESIDENT OF THE CORPORATION
• 3.2 COMPETENCE OF THE BISHOP
• 3.3 REMUNERATION OF THE BISHOP • 3.4 VACANCY IN THE OFFICE OF THE BISHOP
• 3.5 APPOINTMENT OF A LOCUM TENENS
• 3.6 RESPONSIBILITY OF LOCUM TENENS TO CALL FOR AN ELECTION ASSEMBLY TO FILL VACANCY
• 4.1 APPOINTMENT OF OTHER OFFICERS BY THE BISHOP
• 4.2 REVIEW OF THOSE APPOINTMENTS BY THE BISHOP
• 4.3 THE ARCHDIOCESAN CHANCELLOR
• 4.4 REMUNERATION FOR THE ARCHDIOCESAN CHANCELLOR AND ARCHDIOCESAN SECRETARY-TREASURER
• 4.5 REMOVAL OF ARCHDIOCESAN CHANCELLOR AND ARCHDIOCESAN SECRETARY-TREASURER
• 5.1 ELECTION OF DIRECTORS OF THE CORPORATION
• 5.2 ELIGIBILITY OF DIRECTORS FOR RE-ELECTION
• 5.3 EX-OFFICIO MEMBERS OF THE BOARD OF DIRECTORS
• 5.4 NUMBER OF DIRECTORS
• 5.5 COMPETENCE OF THE BOARD OF DIRECTORS
• 5.6 THAT THE DIRECTORS SERVE WITHOUT REMUNERATION
• 5.7 REMOVAL OF DIRECTORS
• 5.8 FREQUENCY OF MEETING OF ARCHDIOCESAN COUNCIL
• 5.9 EXTRAORDINARY MEETINGS OF ARCHDIOCESAN COUNCIL
• 6.1 THAT THE ARCHDIOCESAN ASSEMBLY SHALL BE THE MEMBERS OF THE CORPORATION
• 6.2 MEMBERSHIP OF THE ARCHDIOCESAN ASSEMBLY
• 6.3 QUALIFICATIONS FOR VALID ELECTION, QUALIFICATION AND ACCREDITATION OF LAY DELEGATES TO THE ARCHDIOCESAN ASSEMBLY
• 6.4 DOCUMENTATION OF ELECTION AND ACCREDITATION OF LAY DELEGATES TO THE ARCHDIOCESAN ASSEMBLY
• 6.5 WITHDRAWAL OF MEMBERS OF THE CORPORATION
• 6.6 EXPENSES OF PASTORS AND LAY DELEGATES CONNECTED TO THE ASSEMBLY REQUIRED
• 7.1 FREQUENCY OF MEETING OF ARCHDIOCESAN ASSEMBLY
• 7.2 COMPETENCE OF THE ARCHDIOCESAN ASSEMBLY
• 7.3 PROCEDURE FOR THE AMENDMENT OF BY-LAWS OF THE CORPORATION
• 7.4 CONDITIONS UNDER WHICH AMENDED BY-LAWS MAY BE IMPLEMENTED
• 8.1 CHURCH COURTS
• 8.2 THE DIOCESAN COURT
• 8.3 COMPETENCE OF THE DIOCESAN COURT
• 8.4 GENERAL PROCEDURE
• 8.5 SPECIAL PROCEDURE FOR MARITAL PROBLEMS

PREAMBLE

The Archdiocese of Canada The Orthodox Church in America was initially founded by immigration in the late 19th century. Through the successful application of Archbishop (St) Tikhon, the Archdiocese was incorporated in the Northwest Territories in 1903. An earlier attempt at obtaining Federal Letters Patent was not successful, because the Archbishop was not a citizen of the Dominion. (See Hansard Volume XXXV, Nos. 41 and 45.)

The newly-established Archdiocese was part of the continuing work of the original mission from the Orthodox Church in Russia, which began in Alaska in 1794. The aim of that mission was two-fold : to provide ministry to the Church’s sons and daughters who had immigrated to Canada ; and to bring Orthodox Christianity to the wider Canadian milieu. The result of this double purpose was, and continues to be, the creation of a distinct and truly local Orthodox Church in Canada.

1.1 The name of this Corporation shall be The Archdiocese of Canada, Orthodox Church in America.

1.2 The Archdiocese of Canada, Orthodox Church in America, is a constituent Archdiocese of the Orthodox Church in America, which is an autocephalous Church with territorial jurisdiction in Canada, the United States of America and Mexico. Its doctrine, discipline, and worship are those of the One, Holy, Catholic and Apostolic Church, as taught by the Holy Scriptures, Holy Tradition, the Ecumenical and Provincial Councils, and the Holy Fathers.

1.3 The Archdiocese of Canada, Orthodox Church in America is bound by the Statute of the Orthodox Church in America, adopted 19-21 October 1971, with subsequent amendments. The Archdiocesan Bishop of Canada is a full member of the Holy Synod of Bishops, and the Archdiocese of Canada is fully and by Statute of the Orthodox Church in America represented at the All-American Council of the Orthodox Church in America, and the Metropolitan Council of the Orthodox Church in America. Hereafter, the Archdiocese of Canada, Orthodox Church in America is referred to in these by-laws as “THE ARCHDIOCESE”, save in by-law 1.1 and 1.2 , and the Statute of the Orthodox Church in America as “THE STATUTE”.

1.4 The By-Laws shall be interpreted so as to be consistent with the Statute, and any aspect of the operations of the Corporation, and any definition not specifically addressed in the By-Laws shall be determined in a way consistent with, and as defined in, the Statute.

2.1 The Corporation shall consist of :
a. Officers ;
b. Directors ; and
c. Members.

2.2 The Officers of the Corporation are :
a. The Archdiocesan Bishop, being the President of the Corporation ;
b. The Archdiocesan Chancellor, being the Vice-President of the Corporation ; and
c. The Secretary/Treasurer, being the Secretary/Treasurer of the Corporation.

2.3 The Directors of the Corporation are the Members of the Archdiocesan Council duly elected by the Archdiocesan Assembly.

2.4 The Members of the Corporation are those who are “voting members” according to/as defined by the Statute.

3.1 The election of the Archdiocesan Bishop shall proceed as follows :
a. The Archdiocesan Assembly shall nominate a candidate in accordance with the Canons, and the Statute of the Church, and submit his name to the Holy Synod of Bishops ;
b. If the Archdiocesan Assembly fails to nominate a candidate acceptable to the Holy Synod of Bishops, the Holy Synod shall elect the Bishop of the Archdiocese ;
c. Upon the approval of a candidate by the Holy Synod, he shall be summoned to a session of the Holy Synod for the Canonical Election.

3.2 The Archdiocesan Bishop, by virtue of his Episcopal Consecration and Canonical appointment to the Archdiocese, shall possess full hierarchical authority within the Archdiocese.

3.3 The Archdiocesan Bishop shall be entitled to adequate financial support from the Archdiocese, and an official residence and household.

3.4 The Office of the Archdiocesan Bishop shall be deemed vacant by the Holy Synod of Bishops in the event of the death, voluntary retirement, medically-certified incapacity, transfer, or disposition by due Canonical process.

3.5 In the event of such a vacancy in the Office of the Archdiocesan Bishop, a Locum Tenens is to be appointed by the Metropolitan. The Locum Tenens shall be President pro-tem of the corporation.

3.6 It shall be the responsibility of the Canonically appointed Locum Tenens to convoke, and preside over the Archdiocesan Assembly, whose sole purpose at this time shall be the election of a new Archdiocesan Bishop.

4.1 The Archdiocesan Bishop, upon the advice of the Archdiocesan Council, shall appoint as Officers of the Corporation :
a. The Archdiocesan Chancellor, who shall be the Vice-President of the Corporation ; and
b. The Archdiocesan Secretary/Treasurer, who shall be the Secretary/Treasurer of the Corporation.

4.2 The appointment of the Archdiocesan Chancellor, and Archdiocesan Secretary/Treasurer shall be reviewed tri-annually by the Archdiocesan Bishop.

4.3 The Archdiocesan Chancellor shall be the senior administrative assistant to the Archdiocesan Bishop, and shall have the custody of the Corporate Seal, and shall be charged with the certification of all documents issued by the Archdiocese and Corporation.

4.4 The Archdiocesan Chancellor and Secretary/Treasurer are entitled to receive an honourarium from the Corporation commensurate with their duties in the effecting of the purposes of the Corporation.

4.5 The Archdiocesan Chancellor, and Secretary/Treasurer may be relieved from their appointments through voluntary retirement, or upon the request of the Archdiocesan Bishop.

5.1 The Directors of the Corporation are those members the Archdiocesan Council elected by the Archdiocesan Assembly for a three-year period.

5.2 Those elected as Directors are eligible to be re-elected to further terms of office.

5.3 The following are ex-officio Directors of the Corporation :
The Officers (by-law 1.2), and the two (2) representatives of the Archdiocese on the Metropolitan Council (i.e.: one priest and one member of the laity).

5.4 There shall be twelve (12) Directors elected by the Archdiocesan Assembly ; to wit, six (6) clergy, and six (6) from among the members of the laity.

5.5 The Directors of the Corporation, subject to paragraph 3.2, are competent :
a. to implement the decisions of the Archdiocesan Assembly ;
b. to consider and act upon matters affecting parishes and all Archdiocesan institutions in accordance with the directions of the of the Archdiocesan Bishop and the decisions of the Archdiocesan Assembly ;
c. to consider and act on other matters submitted by the Archdiocesan Bishop ;
d. to attend to legal matters affecting only the interest of the Archdiocese ;
e. to forward Archdiocesan legal matters to the central office of Church Administration ;
f. to approve the Archdiocesan budget and other related financial questions ; g. to determine the allocation, when necessary, of general Archdiocesan funds to parishes, monasteries, convents, missions, and other Archdiocesan Institutions ; h. to supervise the collection of assessments fixed by the Archdiocesan Assembly ;
i. to reach a final decision regarding the authenticity of the Minutes of the Archdiocesan Assembly when a discrepancy arises ;
j. to delineate the boundaries of parishes, and deaneries ; k. to take an initiative in Archdiocesan fund-raising projects ;
l. to provide for the establishment, and maintenance of institutions of charity, and education within the Archdiocese ;
m. to provide for the maintenance of Archdiocesan administrative bodies, and the allocation of general Archdiocesan funds ; and
n. to make preparation for the Archdiocesan Assembly.

5.6 The Directors of the Corporation shall serve without remuneration, and shall not be entitled to receive pecuniary profit from the earnings of the Corporation.

5.7 Directors of the Corporation may be relieved of their office before the expiration of their elected term of office through voluntary retirement, or through exclusion from communion in the Sacraments of the Church by due Canonical process.

5.8 The Archdiocesan Council convenes no less than twice (2) annually.

5.9 Extraordinary sessions of the Archdiocesan Council are convened by decision of the Archdiocesan Bishop, or at the request of at least one-half of the membership of the Archdiocesan Council.

6.1 The Members of the Archdiocesan Assembly shall be the Members of the Corporation.

6.2 Members of the Archdiocesan Assembly are :

EX-OFFICIO
a. the Archdiocesan Bishop ;
b. the Archdiocesan Chancello ;
c. the Archdiocesan Secretary/Treasurer ;
d. the senior priest of the Cathedral, and Abbots of Monasteries ;
e. the Priests, and Deacons of each Parish;
f. the Priests not having Parishes, if accredited by the Archdiocesan Council ;
g. the members of the Archdiocesan Council, and of its Auditing Committee ;
h. the retired Bishops, and Priests residing within the Archdiocese, with the right to attend, and the right of a consultative voice, but without the right to vote.

ELECTED
a. from each Parish of the Archdiocese which has remitted all established assessments, such a Parish being entitled to elect lay delegates equal in number to the Priests, and Deacons maintained by the Parish ;
b. one Lay Delegate from each Parish not having a Priest, provided that Parish has remitted all established assessments.

6.3 Lay delegates to the Archdiocesan Assembly must meet the following requirements to be validly elected, qualified, and accredited : a. be elected by a Parish Meeting, or Parish Council ;
b. be a Member of the Parish in good standing, at least eighteen (18) years of age, having received the Sacrament of Confession and Communion at least annually for the past three (3) years in his/her home Parish ; c. like all holders of all offices in the Church, he/she may not be a person under ecclesiastical interdict, who is in violation of moral standards, who is married outside the Church, who is a member of anti-Church and/or secret societies.

6.4 The Archdiocesan Administration will supply a uniform document to the elected Lay delegates of each Parish.
The Parish Rector shall forward to the Secretary of the Archdiocesan Council the name(s) and address(es) of the elected Lay Delegate(s) two (2) months prior to the date of the Archdiocesan Assembly. The document of accreditation must be signed by the Parish Rector (or Dean, in cases of Parish Vacancy) and the Parish Secretary, and sealed with the Parish Seal.

6.5 A Member of the Corporation withdraws from the Corporation through voluntary retirement, or failure to fulfil the conditions set forth in by-law 6.3 a, b, and c.

6.6 The Parish will cover the expenses connected with the participation of its Priest(s), Deasons(s), and Lay Delegate(s) in the Archdiocesan Assembly.

7.1 The Archdiocesan Assembly shall meet at least once in every three (3) years.

7.2 The competence of the Archdiocesan Assembly, subject to paragraph 3.2, shall be to :
a. elect Members to the Archdiocesan Council, and Members of the Auditing Committee of the Archdiocesan Council ;
b. nominate candidates for Archdiocesan Bishop ;
c. discuss financial means to fulfil the aims of strengthening Orthodox faith and piety ;
d. examine the financial reports of the Archdiocese ;
e. authorise the Archdiocesan Council to acquire, encumber or otherwise dispose of Archdiocesan property ; and
f. participate in the implementation of the All-American Council decisions on Archdiocesan, and Parochial levels.

7.3 The Archdiocesan Assembly, being the meeting of Members of the Corporation, shall have the further competence by a two-thirds majority of its voting members, subject to paragraph 3.2, to make, alter amend, or repeal by-laws for the management of the affairs of the Corporation, and the regulating of the affairs of the Archdiocese, Parishes, and other constituent bodies, or agencies of the Archdiocese.

7.4 The implementation, and adoption of such makings, altering, amending, or repealing of the by-laws by the, Archdiocesan Assembly is dependent upon :
a. the conformity of such making, altering, amending, or repealing to THE STATUTE ;
b. the approval of the Archdiocesan Bishop ;
c. the approval of the Minister of Consumer and Corporate Affairs Canada, if required.

8.1 Every member of the Church is entitled to due canonical procedure in the courts of the Church.

8.2 The Diocesan Court is composed of four (4) voting members: two (2) members of the clergy and two (2) members of the laity. Members of that Diocesan Court shall be elected at the Archdiocesan Assembly.
The Ruling Bishop of the Archdiocese is a non-voting ex-officio member, and the chairman of the Diocesan Court. If the Ruling Bishop is unable to preside, he will appoint a member of the clergy (normally the Chancellor of the Archdiocese) to preside in his absence. In cases involving accusations against members of the clergy, the court shall be restricted in its membership to the members of the clergy.

8.3 The Diocesan Court shall act as a court of first instance in cases where the accused is a priest, a deacon, or a member of the laity. It shall be competent to judge cases involving allegations of unorthodox belief, breaches of canonical, or moral discipline, marital problems, disputes involving clergy, and parish officers, disputes over parish institutions, and any other matter involving the good order of the Church.

8.4 The General Procedure of the Diocesan Court shall be as follows :
a. Accusers shall present their accusations in writing to the Ruling Bishop of the Archdiocese of the accused.
b. The accuser shall agree in advance in writing that the decision of these courts is final and non-appealable to the civil courts. If the court is not satisfied in these matters, or considers that the accuser, by lodging his accusation, pursues personal advantage or acts out of personal animosity, the case shall be dismissed.
c. If the court determines that there is a probable cause to come to the trial, the accused shall be summoned in writing by the court. The summons shall specify the nature of the accusation, and the name(s) of the accuser(s) and the accused shall be given appropriate time to prepare his defence. If he does not answer two successive summonses, the court shall try the case in absentia.
d. The accused is entitled to request that a third party act as his defence. Both the accuser, and the accused may request the testimony of experts, and witnesses acceptable to the court. e. The Ruling Bishop, by his own judgement, is empowered to impose temporary suspension upon clerics, and temporary excommunication upon members of the laity. The accused has the right to trial in court within 30 days of the day when the penalty is pronounced by the bishop.
f. The decision of the court shall be made by unanimous vote, approved by the Ruling Bishop, and communicated to the accused in writing within 30 days. If the decision is not unanimous, upon the request of either party, the Ruling Bishop shall appoint a court of four (4) new voting members : two (2) members of the clergy and two (2) members of the laity. The new court shall make a decision by a majority vote, approved by the Ruling Bishop. If the bishop rejects the decision of the court, upon the request of either party, the case shall be referred to the Holy Synod, in accordance with the provisions of the OCA Statute.
g. Penalties imposed by the court (against persons judged guilty after trial as well as against false accusers) are prescribed by the canons of the ecumenical, and local councils, and the holy fathers. Their application is subject to approval by the Ruling Bishop, who must use the pastoral discretion, which belongs to his office, in applying penalties.
h. If one of the parties is not satisfied with the judgement of the Diocesan Court, he may appeal to the Holy Synod, as the Supreme Court of Appeals of the Church, within 30 days of receipt of said judgement.
i. Judgements requiring final deposition (defrocking) of clerics are effective only upon their confirmation by the Holy Synod.
j. Those protesting canonical penalties imposed by presbyters, in the normal course of their pastoral responsibilities, may appeal to the Ruling Bishop within 30 days of the day when the penalty was pronounced. Those protesting canonical penalties imposed, or confirmed by bishops, in the normal course of their pastoral responsibilities, may appeal to the Holy Synod of Bishops, as the Supreme Court of the Church, within 30 days of the day when the penalty was pronounced.
k. Trials are held subject to any other procedural rules established by the Holy Synod.
l. No one shall be brought to trial more than once for the same alleged offence, excepting as set out in these By-Laws.

8.5 The special procedure for marital problems shall be as follows :
a. Whenever the parish priest is unable, through pastoral counselling, to prevent the dissolution of a marriage, and the conflict results in a civil divorce, and if the interested persons themselves seek from the Church a definition of their status as divorcees, a petition is filed with the Ruling Bishop, who examines the documents, and makes a new attempt at reconciling the parties.

b. If the reconciliation fails, the Ruling Bishop shall come to a final decision. In issuing his opinion, the Ruling Bishop may recommend that penance be imposed upon the guilty party/-ies. In matrimonial matters, the Ruling Bishop is responsible for making decisions. The Diocesan Court may act only in an advisory capacity at the request of the Ruling Bishop. On the basis of his decision, the Ruling Bishop issues the following statement :
(Having heard the advice of the Diocesan Court of the Archdiocese of Canada) Concerning the judgement of divorce rendered by the Court of _________, dissolving the marriage between (Name) and (Name), celebrated at _________ on_________ , I, _________, Ruling Bishop of the Archdiocese of Canada, hereby acknowledge the conclusion of the civil court as final. (Invoking God’s mercy and compassion, I allow (Name) to enter into a new marital union with (Name) and receive the sacraments of the Church starting on ________.