BILL 50

An Act to Amend the Anglican Church Act, 2003

WHEREAS the Diocesan Synod of Fredericton prays that it be enacted as hereinafter set forth;

THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1        Section 1 of the Anglican Church Act, 2003, chapter 39 of the Acts of New Brunswick, 2003, is amended

(a)                   by repealing the definition “Rector”;

(b)                   by repealing the definition “Diocese” and substituting the following:

“Diocese” means the Diocese of Fredericton as constituted by letters patent issued by Queen Victoria on April 25, 1845, under which the boundaries of the Diocese of Fredericton are coterminous with the boundaries of New Brunswick;

(c)                   by repealing the definition “parish” and substituting the following:

“parish” means a geographical area or a community of Church members;

(d)                   in the French version of the definition « Synode », by striking out the period and substituting a semicolon.

(e)                   by adding the following definitions in alphabetical order:

“Incumbent” means the person appointed to that position or shared position in a parish or mission and includes a member of the clergy appointed as Rector;

“mission” means a ministry authorized by the Bishop in a geographical area or a community and which is not maintained and managed by a parish corporation;

2        Subsection 2(4) of the Act is amended by striking out “now existing comprising the Rector together with the Church Wardens and members of the Vestry chosen in a parish and”.

3        Subsection 4(2) of the Act is amended

(a)                   by repealing paragraph (k) and substituting the following:

(k)                   the appointment of a diocesan administrator or commissary to act when the Bishop is absent or incapacitated or when there is a vacancy in the office of Bishop of the Diocese, and defining the authority of the diocesan administrator or commissary,

(b)                   by repealing paragraph (l) and substituting the following:

(l) the appointment of Incumbents of parishes and missions and of other clerical and lay ministers and defining their offices and positions,

(c)                   by repealing paragraph (m) and substituting the following:

(m)                  the removal or dismissal of Incumbents and other clerical and lay ministers,

(d)                   in paragraph (o) by adding “and lay ministers” after “clergy”;

(e)                   by repealing paragraph (t) and substituting the following:

(t) the establishment, amalgamation, division, dissolution or adjustment of parishes and missions,

(f) by adding after paragraph (t) the following:

(t.1) the governance of missions,

4        Section 7 of the Act is amended

(a)                   by adding after subsection (1) the following:

7(1.1)                   A parish corporation consists of an Incumbent, Church Wardens and members of the Vestry of the parish.

7(1.2)                   The Diocesan Council may transfer some or all of the powers of a parish corporation to a parish administrator or other body.

(b)                   by repealing subsection (4) and substituting the following:

7(4)   When the Incumbent of a parish is absent from the Diocese or on leave or there is a vacancy in the office of Incumbent, the Church Wardens and members of the Vestry constitute the parish corporation.

(c)                   by adding after subsection (10) the following:

7(10.1)                 At the request of a parish corporation that has first consulted with parishioners, the Diocesan Council may order that the parish corporation be dissolved and that the property held by the parish corporation vest in the Synod or as the Diocesan Council orders and subject to any trust that the Diocesan Council may declare.

(d)                   in subsection (14) by adding “and subject to any trust that the Diocesan Council may declare” after “orders”;

(e)                   by repealing subsection (15) and substituting the following:

7(15) Where the Diocesan Council has ordered that a parish corporation be dissolved, the Bishop shall issue a Memorial of dissolution and vesting under seal and shall cause the Memorial to be registered under the Registry Act or the Land Titles Act.

5 Section 8 of the Act is amended

(a)                   in subsection (2) by adding “, including a transfer on dissolution of a parish corporation under section 7,” after “or transfer”;

(b)                   by repealing subsection (4) and substituting the following:

8(4)   The discretion conferred on the Synod by subsections (2) and (3) does not extend to the Cathedral Chapter, a parish corporation or any trust or institution connected with the Church that is incorporated separately.

(c)                   in subsection (8) by striking out “, either as agent or trustee,”

6        The Act is amended by adding after section 10 the following:

Dissolution of the Synod

10.1 Dissolution of the Synod shall be in accordance with the Winding-up Act, except that any surplus of funds realized from the assets of the Synod shall be applied for such charitable purposes in connection with the Church as a court may direct.

7 Schedule A of the Act is amended in Column 2 by striking out

74.     The Corporation of the Anglican Parish of St. Phillip’s, Moncton

and substituting the following:

74.     The Corporation of the Anglican Parish of St. Philip’s, Moncton

Coming into force

8 This Act comes into force on November 15, 2017.