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.

80 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/ 147 Treasurer may be relieved from their appointments 148 through voluntary retirement, or upon the request of 149 the Archdiocesan Bishop. 150 151 5.1 The Directors of the Corporation are those members 152 the Archdiocesan Council elected by the 153 Archdiocesan Assembly for a three-year period. 154 155 5.2 Those elected as Directors are eligible to be re�156 elected to further terms of office. 157 158 5.3 The following are ex-officio Directors of the 159 Corporation: The Officers (by-law 1.2), and the two 160 (2) representatives of the Archdiocese on the 161 Metropolitan Council (i.e.: one priest and one member 162 of the laity). 163 164 5.4 There shall be twelve (12) Directors elected by the 165 Archdiocesan Assembly; to wit, six (6) clergy, and 166 six (6) from among the members of the laity. 167 168 5.5 The Directors of the Corporation, subject to 169 paragraph 3.2, are competent: 170 a. to implement the decisions of the 171 Archdiocesan Assembly; 172 b. to consider and act upon matters affecting 173 parishes and all Archdiocesan institutions in 174 accordance with the directions of the of the 175 Archdiocesan Bishop and the decisions of the 176 Archdiocesan Assembly; 177 c. to consider and act on other matters 178 submitted by the Archdiocesan Bishop; 179 d. to attend to legal matters affecting only the 180 interest of the Archdiocese; 181 e. to forward Archdiocesan legal matters to the 182 central office of Church Administration; 183 f. to approve the Archdiocesan budget and other 184 related financial questions; 185 g. to determine the allocation, when necessary, 186 of general Archdiocesan funds to parishes, 187 monasteries, convents, missions, and other 188 Archdiocesan Institutions; 189 h. to supervise the collection of assessments 190 fixed by the Archdiocesan Assembly; 191 i. to reach a final decision regarding the 192 authenticity of the Minutes of the 193 Archdiocesan Assembly when a discrepancy 194 arises; 195 j. to delineate the boundaries of parishes, and 196 deaneries; 197 k. to take an initiative in Archdiocesan fund�198 raising projects; 199 l. to provide for the establishment, and 200 maintenance of institutions of charity, and 201 education within the Archdiocese; 202 m. to provide for the maintenance of 203 Archdiocesan administrative bodies, and the 204 allocation of general Archdiocesan funds; and 205 n. to make preparation for the Archdiocesan 206 Assembly. 207 208 5.6 The Directors of the Corporation shall serve without 209 remuneration, and shall not be entitled to receive 210 pecuniary profit from the earnings of the 211 Corporation. 212 213 5.7 Directors of the Corporation may be relieved of their 214 office before the expiration of their elected term of 215 office through voluntary retirement, or through 216 exclusion from communion in the Sacraments of the 217 Church by due Canonical process. 218 219 5.8 The Archdiocesan Council convenes no less than 220 twice (2) annually. 221 222 5.9 Extraordinary sessions of the Archdiocesan Council 223 are convened by decision of the Archdiocesan Bishop, 224 or at the request of at least one-half of the 225 membership of the Archdiocesan Council. 226 227 6.1 The Members of the Archdiocesan Assembly shall be 228 the Members of the Corporation. 229 230 6.2 Members of the Archdiocesan Assembly are: 231 EX-OFFICIO 232 a. the Archdiocesan Bishop; 233 b. the Archdiocesan Chancellor; 234 c. the Archdiocesan Secretary/Treasurer; 235 d. the senior priest of the Cathedral, and Abbots 236 of Monasteries; 237 e. the Priests, and Deacons of each Parish; 238 f. the Priests not having Parishes, if accredited 239 by the Archdiocesan Council; 240 g. the members of the Archdiocesan Council, and 241 of its Auditing Committee; 242 h. the retired Bishops, and Priests residing 243 within the Archdiocese, with the right to 244 attend, and the right of a consultative voice, 245 but without the right to vote. 246 247 ELECTED 248 a. from each Parish of the Archdiocese which 249 has remitted all established assessments, 250 such a Parish being entitled to elect lay 251 delegates equal in number to the Priests, and 252 Deacons maintained by the Parish; 253 254 b. one Lay Delegate from each Parish not having 255 a Priest, provided that Parish has remitted 256 all established assessments. 257 258 6.3 Lay delegates to the Archdiocesan Assembly must 259 meet the following requirements to be validly 260 elected, qualified, and accredited: 261 262 a. be elected by a Parish Meeting, or Parish 263 Council; 264 265 b. be a Member of the Parish in good standing, at 266 least eighteen (18) years of age, having 267 received the Sacrament of Confession and 268 Communion at least annually for the past 269 three (3) years in his/her home Parish; 270 271 c. like all holders of all offices in the Church, 272 he/she may not be a person under 273 ecclesiastical interdict, who is in violation 274 of moral standards, who is married outside 275 the Church, who is a member of anti-Church 276 and/or secret societies. 277 6.4 The Archdiocesan Administration will supply a 278 uniform document to the elected Lay delegates of 279 each Parish. 280 281 The Parish Rector shall forward to the Secretary 282 of the Archdiocesan Council the name(s) and 283 address(es) of the elected Lay Delegate(s) two (2) 284 months prior to the date of the Archdiocesan 285 Assembly. The document of accreditation must be 286 signed by the Parish Rector (or Dean, in cases of 287 Parish Vacancy) and the Parish Secretary, and 288 sealed with the Parish Seal. 289 290 6.5 A Member of the Corporation withdraws from the 291 Corporation through voluntary retirement, or failure 292 to fulfil the conditions set forth in by-law 6.3 a, b, 293 and c. 294 295 6.6 The Parish will cover the expenses connected with 296 the participation of its Priest(s), Deasons(s), and Lay 297 Delegate(s) in the Archdiocesan Assembly. 298 299 7.1 The Archdiocesan Assembly shall meet at least once 300 in every three (3) years. 301 302 7.2 The competence of the Archdiocesan Assembly, 303 subject to paragraph 3.2, shall be to: 304 a. elect Members to the Archdiocesan Council, 305 and Members of the Auditing Committee of 306 the Archdiocesan Council; 307 b. nominate candidates for Archdiocesan Bishop; 308 c. discuss financial means to fulfil the aims of 309 strengthening Orthodox faith and piety; 310 d. examine the financial reports of the 311 Archdiocese; 312 e. authorize the Archdiocesan Council to 313 acquire, encumber or otherwise dispose of 314 Archdiocesan property; and 315 f. participate in the implementation of the All�316 American Council decisions on Archdiocesan, 317 and Parochial levels. 318 7.3 The Archdiocesan Assembly, being the meeting of 319 Members of the Corporation, shall have the further 320 competence by a two-thirds majority of its voting 321 members, subject to paragraph 3.2, to make, alter 322 amend, or repeal by-laws for the management of the 323 affairs of the Corporation, and the regulating of the 324 affairs of the Archdiocese, Parishes, and other 325 constituent bodies, or agencies of the Archdiocese. 326 327 7.4 The implementation, and adoption of such makings, 328 altering, amending, or repealing of the by-laws by the, 329 Archdiocesan Assembly is dependent upon: 330 331 a. the conformity of such making, altering, 332 amending, or repealing to THE STATUTE; 333 b. the approval of the Archdiocesan Bishop; 334 c. the approval of the Minister of Consumer and 335 Corporate Affairs Canada, if required. 336

337 8.1 Every member of the Church is entitled to due 338 canonical procedure in the courts of the Church. 339 340 8.2 The Diocesan Court is composed of four (4) voting 341 members: two (2) members of the clergy and two (2) 342 members of the laity. Members of that Diocesan 343 Court shall be elected at the Archdiocesan Assembly. 344 The Ruling Bishop of the Archdiocese is a non-voting 345 ex-officio member, and the chairman of the Diocesan 346 Court. If the Ruling Bishop is unable to preside, he 347 will appoint a member of the clergy (normally the 348 Chancellor of the Archdiocese) to preside in his 349 absence. In cases involving accusations against 350 members of the clergy, the court shall be restricted 351 in its membership to the members of the clergy. 352 353 8.3 The Diocesan Court shall act as a court of first 354 instance in cases where the accused is a priest, a 355 deacon, or a member of the laity. It shall be 356 competent to judge cases involving allegations of 357 unorthodox belief, breaches of canonical, or moral 358 discipline, marital problems, disputes involving 359 clergy, and parish officers, disputes over parish 360 institutions, and any other matter involving the good 361 order of the Church. 362 363 8.4 The General Procedure of the Diocesan Court shall be 364 as follows: 365 a. Accusers shall present their accusations in 366 writing to the Ruling Bishop of the 367 Archdiocese of the accused. 368 369 b. The accuser shall agree in advance in writing 370 that the decision of these courts is final and 371 non-appealable to the civil courts. If the 372 court is not satisfied in these matters, or 373 considers that the accuser, by lodging his 374 accusation, pursues personal advantage or 375 acts out of personal animosity, the case shall 376 be dismissed. 377 378 c. If the court determines that there is a 379 probable cause to come to the trial, the 380 accused shall be summoned in writing by the 381 court. The summons shall specify the nature 382 of the accusation, and the name(s) of the 383 accuser(s) and the accused shall be given 384 appropriate time to prepare his defence. If he 385 does not answer two successive summonses, 386 the court shall try the case in absentia. 387 388 d. The accused is entitled to request that a 389 third party act as his defence. Both the 390 accuser, and the accused may request the 391 testimony of experts, and witnesses 392 acceptable to the court. 393 394 e. The Ruling Bishop, by his own judgement, is 395 empowered to impose temporary suspension 396 upon clerics, and temporary excommunication 397 upon members of the laity. The accused has 398 the right to trial in court within 30 days of 399 the day when the penalty is pronounced by the 400 bishop. 401 f. The decision of the court shall be made by 402 unanimous vote, approved by the Ruling 403 Bishop, and communicated to the accused in 404 writing within 30 days. If the decision is not 405 unanimous, upon the request of either party, 406 the Ruling Bishop shall appoint a court of four 407 (4) new voting members: two (2) members of 408 the clergy and two (2) members of the laity. 409 The new court shall make a decision by a 410 majority vote, approved by the Ruling Bishop. 411 If the bishop rejects the decision of the 412 court, upon the request of either party, the 413 case shall be referred to the Holy Synod, in 414 accordance with the provisions of the OCA 415 Statute. 416 417 g. Penalties imposed by the court (against 418 persons judged guilty after trial as well as 419 against false accusers) are prescribed by the 420 canons of the ecumenical, and local councils, 421 and the holy fathers. Their application is 422 subject to approval by the Ruling Bishop, who 423 must use the pastoral discretion, which 424 belongs to his office, in applying penalties. 425 426 h. If one of the parties is not satisfied with the 427 judgement of the Diocesan Court, he may 428 appeal to the Holy Synod, as the Supreme 429 Court of Appeals of the Church, within 30 430 days of receipt of said judgement. 431 432 i. Judgements requiring final deposition 433 (defrocking) of clerics are effective only 434 upon their confirmation by the Holy Synod. 435 436 j. Those protesting canonical penalties imposed 437 by presbyters, in the normal course of their 438 pastoral responsibilities, may appeal to the 439 Ruling Bishop within 30 days of the day when 440 the penalty was pronounced. Those protesting 441 canonical penalties imposed, or confirmed by 442 bishops, in the normal course of their pastoral 443 responsibilities, may appeal to the Holy Synod 444 of Bishops, as the Supreme Court of the 445 Church, within 30 days of the day when the 446 penalty was pronounced. 447 448 k. Trials are held subject to any other 449 procedural rules established by the Holy 450 Synod. 451 452 l. No one shall be brought to trial more than 453 once for the same alleged offence, excepting 454 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 ________.