THE CHURCHWARDEN S GUIDE DIOCESE OF ONTARIO. Produced by the Diocese of Ontario 90 Johnson Street Kingston, ON K7L 1X7

THE CHURCHWARDEN S GUIDE DIOCESE OF ONTARIO Produced by the Diocese of Ontario 90 Johnson Street Kingston, ON K7L 1X7 JANUARY 2012

1 The Churchwarden s Guide Diocese of Ontario PREFACE The material in this guide was prepared in order to give emphasis to certain aspects of parish management which are the responsibilities of the Church Wardens. The following comments will not, hopefully, deter any individual from taking on the role of Churchwarden but rather will provide guidance in the fulfilment of this important office. In the past, most of the guidance available to Churchwardens came from local custom. Some of this local custom in the parishes is good and sound. Some of it is not very good or accurate. Sometimes the biggest problem we face is the act of omission, of not passing on in a written format information which every Churchwarden should have at hand in order to understand and carry out his or her respective duties and responsibilities. This Guide is not a substitute for the Canons of the Diocese of Ontario. It is intended to provide an interpretation of many of the Canons (as at December 2010) as they apply to ordinary parish situations. Churchwardens are advised to read fully Canon C1 and to make particular note of any other Canons referred to in this guide.

2 THE CHURCHWARDENS GUIDE INDEX Summary of important points p. 3 History of the Office p. 4 Qualifications for the office p. 5 Appointment and Election p. 5 Term & Termination of Office p. 5 Legal Status p. 5 Responsibilities p. 6 Corporate Property p. 8 The Parish Council p. 10 Churchwardens and the Diocese p. 10 Churchwardens and the Bishop p. 10 Parish Boundaries p. 11 Bylaws p. 11 Appendices p. 11

3 SUMMARY OF IMPORTANT POINTS This summary is meant to be a quick reference. For a fuller description of items mentioned please refer to the appropriate pages in this guide. QUALIFICATIONS TO BE A CHURCHWARDEN: (P. 7) a) Must be a member of the congregation or parish for which is formed. b) Be at least eighteen (18) years old. TERM OF OFFICE: (P. 8) A Churchwarden holds office for one (1) year from the time of his or her appointment, or until their successor is appointed or elected. Some congregations elect their Churchwardens for more than one year. It is also common for Parishes to elect deputy or assistant Churchwardens in an attempt to provide continuity in the office. It cannot be assumed that such assistants will automatically move on to the position of Churchwarden, they must be elected or appointed in the proper manner. It must be noted that it is only the Churchwardens and not the assistants who are the Corporation and hold all power and responsibility. CHURCHWARDENS, A CORPORATION: (P. 8) The two Churchwardens are a Corporation to represent the interests of the Parish and its members. As a result, the Churchwardens are a legal entity in law. In all business agreements the corporate name should be used. The legal designation is The Churchwardens of the Church of. RESPONSIBILITIES OF CHURCHWARDENS: (P. 10) Public Relations and Leadership: (p. 10) As the Corporation, the Churchwardens have a leadership role which includes the support of both parish volunteers and staff in the carrying out of their respective responsibilities and duties. 1. Financial responsibilities: (p. 10-11) The Churchwardens are responsible for the care and accounting of all money given to the congregation for any purpose and from any source. Particular note should be made of the Churchwardens responsibilities with respect to offerings as noted on page 10 and comments in the appendices. 2. Staffing: (p. 12) The Churchwardens are responsible for the staff of the parish including their direction, supervision and regular evaluation. Corporate Property: (p. 14-16) Corporate property is held in trust by the Churchwardens on behalf of the congregation. (see page 14) The beneficial freehold (or use) of the church, churchyard and cemetery is vested in the Incumbent and legal possession of these premises is shared by the Incumbent and the Churchwardens. Strict rules and Canons apply to the acquisition, sale, rental or mortgaging of church property. Parish Council: (p. 17) Churchwardens are ex-officio members of Parish/Congregational Council with full rights of membership.

4 A HISTORY OF THE OFFICE OF CHURCHWARDEN (The History of the Office was originally prepared in 1967 by Professor H.R.S. Ryan, Q.C., Chancellor Emeritus of the Diocese of Ontario. It was updated and reproduced by the late Mr. Bill Grimson, a member of St. Thomas Anglican Church, Belleville in 2002.) The Churchwardens are the chief lay officers of a parish and share with the Incumbent responsibility for its administration. In a parish containing two or more congregations, each congregation may have its own pair of Churchwardens or two Churchwardens may act for the whole parish. (Canon C1, Part I, 2.) The history of the office reaches far back in the story of the English people. As Christianity spread over England the whole country was gradually divided into parishes. Each parish was a district, usually co-extensive with a township, under a priest known as the Incumbent or curate, who was responsible to his bishop for the care ( cure ) of the souls of his parishioners, and who came to be known as the parson, since he was at first the only person who legally represented the parish for many purposes. From an early time, the parish was an important unit of English local government and the church or churchyard was a meeting place of the parishioners, who became known as the vestry because they often met in that room under the chairmanship of the parson. In medieval times there grew up a custom of annual selection by the parson and the vestry of two parishioners, known as Churchwardens, to be responsible for the fabric and the furniture of the church, who gradually became the executive officers of the parish. From time to time the state imposed on the Churchwardens and the vestry, civil duties, such as repairs of the roads and bridges, appointment of constables, the care of the poor and raising money by taxes for these purposes. In more modern times these responsibilities were gradually transferred to other authorities, and the English parish and its officers are now purely ecclesiastical institutions. When the Province of Upper was founded in 1791, it was contemplated by the British and provincial governments that the Church of England would become the established Church of the province. Rectories were established by the government as settlement advanced; they were endowed with crown lands. By the Parish and Town Officers Act of 1793, town wardens were to be elected annually by the inhabitants of every settled township, to have charge of the rudimentary local government of the township. Where there was an Anglican Church with an Incumbent, one warden was to be chosen by the Incumbent and one by the people, and the two were popularly known as Churchwardens. This arrangement continued in townships until Baldwins Municipal Act of 1849, but was strongly resisted by adherents of other faiths. The unallocated clergy reserves were taken back by the government and compensation was paid to the Church. The Freedom of Religion Act of 1851 made it clear that we were to have no established church in this province and forbade endowment of other rectories. Since then, in this province as in England, Churchwardens have been simply ecclesiastical officials of the Anglican Church.

5 QUALIFICATIONS FOR THE OFFICE OF CHURCHWARDEN (Canon C1, Part II, 2.) Qualifications for the office require that the person must be a member of the congregation or parish for which the Vestry is formed. He or she must be at least 18 years of age. APPOINTMENT AND ELECTION TO THE OFFICE (Canon C1, part II) Each congregation is to have two churchwardens. One of these is usually appointed by the Incumbent of the parish and the other is usually elected by the people attending the Vestry meeting. Both churchwardens may be appointed by the Incumbent or elected by the Vestry in the circumstances mentioned in section 1b, 1c of Canon C1, part II. While the Churchwardens come to office in two different ways they are equal in status and function and they occupy jointly an office which must not be exercised by one alone unless he or she is prepared to assume personally the consequences of such single action. (See #6, Canon C1, part II) In some cases, congregations elect deputy or assistant Churchwardens to provide assistance and for continuity in the office. However, there is no automatic right to move from a deputy or assistant to churchwarden. THE TERM AND TERMINATION OF THE OFFICE A Churchwarden is elected or appointed for a term of one year or until the nomination or election of his or her successor. Some Congregations may elect their Churchwardens for more that one year. A churchwarden may terminate his or her term by resignation submitted to the Incumbent, (if appointed) or to the Vestry or Parish/Congregational Council (if elected). LEGAL STATUS OF CHURCHWARDENS By the Church Temporalities Act of 1843, Churchwardens during their term of office are as a corporation to represent the interest of (their) church and the members thereof. By an Act of 1876 relating to this Diocese of Ontario, the Synod was authorized to make canons regulating existing vestries and their organization and the duties of Churchwardens, and providing for the organization of vestries in the Diocese and prescribing the duties and powers of the Vestries and Churchwardens in these other Churches. By an Act of 1893 relating to this Diocese (An Act Respecting The Incorporated Synod of Ontario, 1893), all Churchwardens appointed under any canon of the Diocesan Synod were given the same status, powers and responsibilities on behalf of their church, station or parish and its members, as Churchwardens were given under the Church Temporalities Act. As a result the Churchwardens are a legal entity in law and in all business agreements the corporate name shall be used. The legal designation is The Churchwardens of the Congregation or Parish of.

6 It will be noted that the parish or the congregation is not itself incorporated and that the Incumbent is not a member of the corporation. The corporate status of the Churchwardens is important. A corporation is a legal person separate from the persons who are its members. It can acquire, hold or dispose of property and make contracts and acquire rights and incur obligations of all or any of its members. Thus any property acquired by the Churchwardens does not belong in law to the congregation. It is, of course, held in trust for the benefit of the congregation under certain conditions. There must be two Churchwardens duly elected and appointed in accordance with the Diocesan Canons to bring the Corporation of Churchwardens into existence. In order that an act may be an act of the corporation, both Churchwardens must act together. When they so act, within the scope of their authority and in accordance with their powers, they incur corporate obligations on behalf of the congregation with bind its property. They do not incur any personal liability or impose any such liability on individual members of the congregation, in so doing, unless they or others voluntarily assume separate personal responsibility, for example, as guarantors. Acting beyond their authority they do not bind congregational property or members of the congregation, and they become personally liable for any debt or obligation incurred. One Churchwarden acting without the concurrence of the other or acting while sole warden does not bind the property of the congregation, and becomes solely personally liable for any obligation incurred. An irregular or unauthorized act can be later ratified and confirmed by the concurrent act of both Churchwardens, with the approval of the Parish/Congregational Council or Vestry where such approval is required, but unless so ratified, confirmed and approved it remains the personal act of the individual who performs it. DUTIES AND RESPONSIBILITIES 1. The Churchwardens are charged with the responsibility for Public Relations and Leadership within the Congregation. They should: (a) Maintain and develop their own spiritual life and live out their baptismal covenant. (b) Be supportive of the life of the church by attending congregational events whenever possible. (c) Be supportive of all church groups (e.g. Church School, ACW, Altar Guild, Outreach, Bible Study, etc.) Be knowledgeable about their activities and let the leaders know that the Churchwardens are interested in how things are going. (d) Be supportive of the Incumbent and all other staff. Make sure staff take appropriate time off and keep healthy. 2. The Churchwardens, with the assistance of the treasurer, are responsible for the care and accounting of all money given to the congregation for any purpose and from any source. Canon C1, Part II, 10 gives specific direction in the manner of the care, recording and custody of the offerings of the people. Such collections should not be left unattended or lying about church vestries or offices. The responsibility for the safe custody of the collection rests directly on the Churchwardens or their appointed assistants. If the Churchwardens do not attend each service in which an offering is taken there must be specific instructions to appointed assistant(s) as to the handling of the offering to ensure its safe custody. 2a The Parish/Congregation Budget The Churchwardens and the Incumbent should prepare a Budget which will be submitted to the annual

7 meeting of the Vestry. The details of this budget should provide for the whole responsibility of the parish both for its local expenses and its share of the Diocesan Budget (the Common Ministry & Mission). 2b The Parish Accounts All accounts of moneys received and expended for the parish or congregation should be prepared for the annual meeting and audited by auditors appointed by the Annual Vestry (Canon C1, Part II, 12) The members of Vestry may inspect the Churchwardens Accounts at all reasonable times (Canon C1, Part II, 13) and under such conditions as are laid down by the Vestry. 2c Parish Records and Papers Churchwardens share with the Incumbent the responsibility for the proper care of all parish registers, policies, deeds and other legal documents. They must ensure that annual reports are filed at the appropriate time (Diocesan Financial reports, Canada Customs and Revenue T4's and summaries, Charities Return, GST Rebate). Churchwardens are reminded of the opportunity to deposit with the Synod valuable items for safe keeping. Note: Typically Churchwardens delegate many of these tasks to Treasurers, Envelope Secretaries and/or other responsible members of the congregation. Since Churchwardens are ultimately responsible for these tasks, however, they should be familiar with how they are carried out and provide enough supervision and assistance to those doing them to ensure that they are being performed appropriately. 3. Staffing The Churchwardens are responsible for the staff of the Parish. They: (a) Appoint the Treasurer of the congregation and the Envelope Secretary. In a multi-point Parish, the congregational Churchwardens appoint the Congregational Treasurer and a Central Treasurer is appointed collectively by the Churchwardens of each congregation in the Parish. (b) Appoint the Organist after agreement with the Incumbent. (c) Appoint the Vestry Clerk. (d) Appoint and evaluate annually (in consultation with the rector) any other staff person, i.e. Sexton, Secretary, etc. (e) Are responsible for payment of clergy stipend, salaried staff, and staff or clergy replacements. This payment is forwarded to the Diocesan Treasurer, or his assistant, for Centralized Pay. Proper provision should be made by the Churchwardens for the remuneration of such clergy who come to serve in their parish church from time to time in the absence of the rector or for any special occasions. This remuneration should provide for an honorarium, travel and other related expenses. A schedule of remuneration and travel allowance is set by the Synod Council annually to be paid to supply Clergy or Lay Readers by the parishes, other than their own, to which they are sent. (Canon B9) 4. Gifts Churchwardens are not obliged to accept any or all gifts offered by people during their lives or as bequests through their wills. Gifts of furniture, paintings, libraries, land, etc. may result in a long-term expense in maintenance and storage. Before acceptance of any gift, other than money, the approval of the Rector or Incumbent and the Parish/Congregational Council should be received. All restrictions attached to gifts of money must be examined to determine if the restrictions are legal and

8 acceptable to the Parish. If there is any question about the acceptability of the restriction, the Churchwardens should consult the Chancellor or the Diocesan Executive Officer. A record of all gifts with their restrictions should be maintained by the Churchwardens and a copy should be on file in the Diocesan Office. 5. Receipts for Income Tax Government regulations impose strict limitations on charitable organizations in providing receipts for contributions which may be used for deductions in computing income taxes. Each parish has or should have an authorized registered number. This number must appear on whatever receipt is given by the parish. 6. Centralized Pay All clergy are paid by a Centralized Pay System from the Diocesan Office. This is also an option for parish staff. CORPORATE PROPERTY HELD BY CHURCHWARDENS All congregational property (assets such as equipment, investments, etc. other than freehold interests in land is automatically vested in the Churchwardens as a corporation (by operation of law) on their due election and appointment. No transfer of title is required for this purpose. The beneficial interest in such property is held by trustees, as a corporation, for the congregation in trust according to terms imposed by law including those prescribed by Diocesan Canons, and subject to any provisions set out in any particular gift or trust. Freehold land, which means land holdings other than leaseholds, may be held on behalf of the congregation in the following ways: (a) By the Crown, in right of Ontario if the land has been allocated to the rectory but no crown grant has been given. (now rare) (b) By the Bishop and his/her successors, who constitute a corporation, as trustee. (c) By Diocesan Synod, which is a corporation, as trustee. (d) By the Incumbent, and his/her successors, who are not a corporation, as trustee. (e) By the Churchwardens and their successors, as a corporation, under the act of 1876. (f) By the Incumbent and Churchwardens, and their successors, as trustees under the Religious Organizations Lands Act, R.S.O. 1990, Chapter R.23, section 2. (g) By other trustees under the same Act. (h) By another trustee or trustees under a special gift, not under that Act. Trustees under the Religious Institutions Act are not given corporate status by that Act. However, on change of Incumbent in (d) and (f), or of a change in Churchwardens in (e) and (f), no formal transfer of land is necessary because title is transferred automatically by operation of law on such changes. All title deeds and documents should be sent to the Diocesan Executive Officer for safe keeping. (See Canon C6) No matter how the land is held, the beneficial freehold (or use) of the church, churchyard and cemetery is vested in the Incumbent and legal possession of these premises is shared by the Incumbent and Churchwardens by virtue of the Church Temporalities Act. These interests are not absolute but are given for all proper purposes on behalf of the congregation and are subject to the right of the congregation and its members to worship and receive the sacraments and ministry of the Church and otherwise to use the premises for proper congregational purposes, in a proper manner and at proper times. The time and manner of use of the premises must be regulated by the incumbent and churchwardens. The Incumbent must ultimately decide what services are to be conducted, at what times and in what manner and what other activities are to be conducted in the church, parish hall and premises, subject of course, to the Bishop s episcopal direction and in accordance with the doctrine and discipline of the Church and all relevant Canons. The Bishop s episcopal office and visitorial jurisdiction include the right to visit and inspect the premises at

9 reasonable times and to preform episcopal functions there. He/she may delegate episcopal functions to another bishop and visitorial functions to an archdeacon or rural dean or other commissary. The archdeacon and the rural dean have visitorial duties of their own under Diocesan Canons. PROPERTY CARE AND INSURANCE Canon B12 gives clear direction in the matter of Insurance. Coverage is provided through a Diocesan policy and requirements of Churchwardens with respect to this insurance are set out in the Canon. ACQUISITION, SALE OR RENTAL OF CHURCH PROPERTY: There is a correct procedure to be followed when any acquisition, sale or rental of church property is contemplated. (Canon C6) NOTICE of a meeting for the transaction of such business must be given at the church services on two Sundays prior to the date of such meeting and the purpose for which the meeting is called must be clearly stated. SALE The consent of the Vestry of the congregation (The whole membership of the congregation in meeting) must be obtained. The terms of sales and the description of the property must be clearly presented to the meeting. A letter setting forth such agreement and the proposed sale of the clearly defined property must be sent to the Diocesan Executive Officer asking for the concurrence of the Synod Council and of the Bishop for such procedure. The appraisal of the value of the property must be included in the correspondence. The correspondence should be signed by the chairman of the meeting as well as the secretary of the meeting and the Incumbent and Churchwardens if they have not signed as chairman or secretary. The proceeds of any sale of church property should be deposited with the Synod which shall hold these moneys as trusts. RENTING Under the direction of Canon C6 consultation with and the agreement of the Synod Council is required BEFORE the lease is effective. The disposition of the rental income is subject to the agreement between the Synod Council and the parish. SALE OR MORTGAGE OF LAND Freehold land cannot be sold or mortgaged except with consent of the congregation expressed by resolution at a Vestry Meeting, called for the purpose of considering the specific sale or mortgage in question and with consent of the Diocesan Synod, expressed by concurrence of the Bishop or other authorized officer, with approval of the Synod or Synod Council. Approval can be given only to a specific transaction previously negotiated and agreed upon. Any such agreement should be expressly entered into subject to approval of the vestry and the Synod. See Canon C6 procedure, on sale or mortgage under the Religious Institutions Act. The same procedure is followed in other cases. A church that has been consecrated cannot be mortgaged. (Canon C6-6)

10 THE PARISH COUNCIL - ITS ELECTION AND PURPOSE (see Canon C3, page 61) At each annual Vestry Meeting there will be an election of members to serve on the Parish or Congregational Council The Council consists of: (1) The Incumbent and assistant clergy, if any, (2) The Churchwardens, (3) The Lay Representatives to Synod, (4) The Treasurer, (5) A number of elected members not to exceed double the sum of the ex-officio members in (1), (2), (3), and (4). Any Vestry may elect these members for terms of one, two and three years so that in each year thereafter only one-third of the number shall retire. No person holding office in any organization in the parish is for that reason a member of the Council. That person must be nominated and elected by the Vestry at its annual meeting if he or she is to serve on the Council. At least one Churchwarden and one third of the membership must be present for a Parish Council meeting to be held. Purpose: The Council is an advisory group to give assistance to the Churchwardens in the discharge of their duties. The members may have specific duties delegated to them, e.g. the concern with the care of property, the financial problems of the parish and matters referred by the Vestry. CHURCHWARDENS (and Lay Representatives to Synod) and the Diocese The Church that lives to itself will die by itself. This pointed declaration of the Archbishop of Canterbury made during his address at the Anglican Congress in 1963 is true for a congregation and a diocese. We are members one of another and the Churchwardens, Lay Representatives to Synod and Incumbent of a congregation are the key persons in the relationship between the local parish and the wider life of the Church. THE CHURCHWARDENS AND THE BISHOP The Churchwardens and the Lay Representatives to Synod are a continuing committee which comes into activity whenever a vacancy occurs in the pastoral charge of a Parish. They are then called by the Bishop to consult with him in the matter of a new appointment of a clergy for the Parish. The procedure is outlined in Canon C4 and Appointments to Parishes.

11 PARISH OF CONGREGATIONAL REALIGNMENT AND/OR DISESTABLISHMENT Canon C11 When any realignment or disestablishment is considered desirable in a parish (amalgamation or closure) the Incumbent and Churchwardens concerned should consult with the Bishop. The initiative in such consultation may be taken by the Bishop or his representative or by the parish authorities. BYLAWS The Church Temporalities Act authorizes Vestries to make by-laws for the regulation of their proceedings and the management of the temporalities of the church or parish to which they belong. This power is re-asserted in Canon C1, 6(e). The making of by-laws has been infrequent, but Churchwardens should examine their parish records to ensure that, if any by-laws have been enacted, they are being complied with. Any that are wholly or partly obsolete should be amended or repealed. APPENDICES The following is information of a general nature that has been gleaned from various church sources. It may not be applicable to all congregations but it may enable each one to develop its own operating guidelines or list of duties. While many of the following duties may be assigned on an ongoing basis to one or more individuals, they remain the responsibility of the Churchwardens. Churchwardens should, therefore, be familiar with the requirements of their duties. THE FOLLOWING LIST IS AN EXAMPLE ONLY. THIS LIST WOULD BE DISTRIBUTED TO EACH CHURCHWARDEN UPON HIS OR HER APPOINTMENT OR ELECTION TO THE OFFICE. Church Services (including funerals) GENERAL DUTIES OF CHURCHWARDENS AND ASSISTANTS At least one Churchwarden or an agreed individual or individuals will be in attendance for each service of worship and where required for each other service in the church to attend to the following duties: 1. Arrive at least ½ hour prior to the start of the service. a. Ensure appropriate door are unlocked b. Ensure heat is on. Follow emergency procedures if it is not.

12 c. Check that snow has been cleared as arranged. d. Spread ice melt as necessary. 2. Ensure that bulletins are put out for distribution and that greeters or sidespeople are on duty. Be prepared to assist in collection of the offering or direction of the Eucharist if needed. 3. Check to ensure readers, intercessors, etc. are present prior to the start of the service and if necessary arrange alternates or be prepared to do the job yourself. 4. Churchwardens or individual(s) on duty should be seated in an assigned location or near the rear of the church during the service in order to be available in case of emergencies. 5. After the service: a. Pick up the offering immediately after each service and handle it per appropriate instructions developed by the Churchwardens. b. Count and deposit the offering as directed by the Churchwardens. c. Ensure that all doors are locked as required after the service. GENERAL Be aware of operation of heating (cooling) system controls for emergency needs. Attend Churchwarden s meetings as scheduled. Attend Parish/Congregational Council meetings and other committee meetings as necessary. FINANCIAL RESPONSIBILITIES (some do s and don ts) Do make all disbursements by issuing cheques - avoid cash disbursements whenever possible. Do ensure cheques require two signatures. Do ensure all monies received are counted and verified by two people. Do ensure that signing authorities and persons responsible for counting and verifying deposits are not the same people or close relatives.