Acts of the Legislatures affecting the Ecclesiastical Province of Canada

19-20 Victoria, Chapter 141

An Act to Enable the Members of the United Church of England and Ireland in Canada to Meet in Synod

Reserved for the signification of Her Majesty’s pleasure, 19th June, 1856
The Royal Assent given by Her Majesty in Council on the 6th May, 1857; and Proclamation
thereof made by His Excellency Sir Edmund Walker Head, Baronet, Governor General in the
Canada Gazette of the 28th May, 1857.

Whereas doubts exist whether the members of the United Church of England and Ireland in this
Province have the power of regulating the affairs of their Church, in matters relating to
discipline, and necessary to order and good government, and it is just that such doubts should be
removed, in order that they may be permitted to exercise the same rights of self-government that
are enjoyed by other religious communities: Therefore, Her Majesty, by and with the advice and
consent of the Legislative Council and Assembly of Canada, enacts as follows:

I. The Bishops, Clergy and Laity, members of the United Church of England and Ireland in this
Province, may meet in their several Dioceses, which are now, or may be hereafter constituted in
this Province, and in such manner and by such proceedings as they shall adopt, frame
constitutions and make regulations for enforcing discipline in the Church, for the appointment,
deposition, deprivation, or removal of any person bearing office therein, of whatever order or
degree, any rights of the Crown to the contrary notwithstanding, and for the convenient and
orderly management of the property, affairs and interests of the Church in matters relating to
and affecting only the said Church, and the officers and members thereof, and not in any manner
interfering with the rights, privileges or interests of other religious communities, or of any
person or persons not being a member or members of the said United Church of England and
Ireland; Provided always that such constitutions and regulations shall apply only to the Diocese
or Dioceses adopting the same.

II. The Bishops, Clergy and Laity, members of the United Church of England and Ireland in this
Province, may meet in general Assembly within this Province, by such Representatives as shall
be determined and declared by them in their several Dioceses; and in such general Assembly
frame a Constitution and regulations for the general management and good government of the
said Church in this Province; Provided always, that nothing in this Act contained shall authorize
the imposition of any rate or tax upon any person or persons whomsoever, whether belonging to
the said Church or not, or the infliction of any punishment, fine or penalty upon any person, other than his suspension or removal from an office in the said church or exclusion from the
meetings or proceedings of the Diocesan or General Synods; And provided also, nothing in the
said constitutions or regulations, or any of them, shall be contrary to any Law or Statute now or
hereafter in force in this Province.


22 Victoria, Chapter 139

An Act to explain and amend the Act, intituled, “An Act to enable the
Members of the United Church of England and Ireland in Canada to meet
in Synod.”

(Assented to August 16, 1858)

Whereas doubts exist whether in the Act passed in the Session held in the nineteenth and
twentieth years of Her Majesty’s Reign, intituled, “An Act to enable the Members of the United
Church of England and Ireland in Canada to meet in Synod,” sufficient provision is made for the
representation of the Laity of the United Church of England and Ireland in the Synods by the
said Act authorized to be held, and it is expedient that such doubts should be removed:
Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and
Assembly of Canada, enacts as follows:

I. For all the purposes of the aforesaid Act, the Laity shall meet by representation; and until it
shall be otherwise determined by the Synod in each Diocese, one or more delegates (note
exceeding three in any case), may be elected at the annual Easter meetings in each parish,
mission, or cure within the Diocese, or in cases where there may be more than one congregation
in any parish, mission, or cure, then, in each such congregation, or at meetings to be specially
called for the purpose by each Clergyman having a separate cure of souls; and all laymen within
such parish, mission or cure, or belonging to such congregation of the full age of twenty-one
years, who shall declare themselves, in writing, at such meetings, to be members of the United
Church of England and Ireland, and to belong to no other religious denomination, shall have the
right of voting at such election. Each delegate shall receive from the Chairman of the meeting a
certificate of his election, which he shall produce when called upon so to do, at the Synod; and
the first meeting of such Synod shall be called by the Bishop of the Diocese at such time and
place as he shall think fit; Provided always, that no business shall be transacted by the Synod of
any Diocese unless at least one-fourth fo the Clergy of such Diocese shall be present, and at
least one-fourth of the Congregations within the same be represented by at least one delegate.

II. All proceedings heretofore had in any Diocese under the aforesaid Act which have been
conformable to the provisions of this Act shall be held to be valid, as if the same had taken place
after the passing of this Act.


An Act to Extend the Operation of the Act of the Legislature of the Late
Province of Canada 19 and 20 Vict. Chapter 141, Concerning the Synod of
the Church of England in Canada, to the Province of Nova Scotia

(Assented to 12th May, 1870)

Whereas, an Act was passed by the Legislature of the late Province of Canada, in the nineteenth
and twentieth years of Her Majesty’s Reign, intituled “An Act to enable the Members of the
United Church of England and Ireland in Canada to meet in Synod;” and whereas the Diocesan
Synod of Nova Scotia have petitioned for an Act to empower the Provincial Synod of Canada to
admit the representatives of the Diocese in the Province of Nova Scotia, and it is expedient to
grant the prayer of their petition, and to enable the members of the said United Church
throughout the Province of Nova Scotia, if they shall see fit, to assimilate their laws and
practice, and to manage their affairs, under a uniform system; Therefore, Her Majesty, by and
with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Synod of the United Church of England and Ireland now constituted, or which shall
hereafter be constituted in conformity with the provisions of the said Act, in the Province of
Nova Scotia, may adopt said Act, and with the consent of the Synod of the Church of England
in Canada, may unite with the members of the said Church in the Provinces of Ontario and
Quebec in General Assembly, by their representatives, as fully and in the same manner, to all
intents and purposes, as if they had been included in the Province of Canada at the time of the
passing of the aforesaid Act;

Provided always, that nothing herein contained shall be held to authorise any interference with
the right of nomination to parishes or other rights secured to the parishioners by the Revised
Statutes of Nova Scotia, chapter forty-nine, relating to the Church of England in Nova Scotia;
Provided further, that nothing herein contained shall be held to extend to or affect any parishes,
clergymen or congregations of the Church of England in Nova Scotia, who have not given or
who may not hereafter give adherence to the said Diocesan Synod of Nova Scotia

2. Nothing herein contained shall be construed in any way directly or indirectly to confer any
spiritual jurisdiction or ecclesiastical rights whatsoever, upon the Synod of Nova Scotia or their
successors


An Act to Extend to the Province of New Brunswick, the Operation of the
Act of the Legislature of the Late Province of Canada, Concerning the
Synod of the Church of England, in Canada

(Assented to 14th April, 1871.)

Whereas an Act was passed by the Legislature of the late Province of Canada, in the Session
thereof held in the nineteenth and twentieth years of Her Majesty’s reign, chaptered 141,
intituled, “An Act to enable the Members of the United Church of England and Ireland, in
Canada, to meet in Synod;” And whereas, application has been made for an Act to empower the
Provincial Synod of Canada to admit the Representatives of the Diocese of Fredericton, in the
Province of New Brunswick, and it is expedient to comply with the same and to enable the
Members of the Church of England, throughout the Province of New Brunswick, if they shall
see fit, to assimilate their laws and practice to those, and to manage their affairs under a system
uniform with that already in force and operation elsewhere in Canada; Therefore, Her Majesty,
by and with the advice and consent of the Senate and House of Commons of Canada, enacts as
follows.

1. The Synod of the Church of England, now constituted or which shall hereafter be constituted in conformity with the provisions of the said Act, in the Diocese of Fredericton and Province of New Brunswick, may adopt the said Act, and, with the consent of the Synod of the United Church of England and Ireland, in Canada, may unite with the Members of the said Church in other Provinces of the Dominion of Canada, in General Assembly, by their Representatives, as fully and in the same manner, to all intents and purposes, as if they had been included in the Province of Canada at the time of the passing of the aforesaid Act; Provided always, that nothing herein contained shall be held to authorize any interference with the right of presentation to Rectories secured to the Parishioners by Act of Assembly of the Province of New Brunswick, made and passed in the thirty-second year of the reign of Her present Majesty, intituled, “An Act relating to presentations to Rectories of the Church of England in the Province of New Brunswick” or any interference whatever with the property whether real or personal, which may now, or which may hereafter belong to the several and respective Parishes or Church Corporations in the said Diocese, or other rights secured to such Parishioners by the Revised Statutes of New Brunswick, Title XXVII, chapter 107 “Of the Church of England,” or by any Acts of Assembly of the Province of New Brunswick regulating the sale and disposal of Church Glebe Lands of the Church of England in the said Province.

Note: this text is provided for information purposes only. While every effort has been made to
ensure that this text is accurate, in the event of any discrepancy between this version and the
official printed version, the latter shall prevail.