The Acts of Convention
| Resolution Number: | 2015-D055 |
|---|---|
| Title: | Amend Canon V.1 [Of Enactment, Amendment, Repeal]; Canon V.2 [Of Terminology] Canon V.3 [Of a Quorum] Canon V.4 [Of Vacancies] |
| Legislative Action Taken: | Concurred |
| Final Text: | |
Resolved, That Canons V.1, V.2, V.3 and V.4 be amended to read as follows:
CANON 1: Of Enactment, Amendment, and Repeal
Sec. 1. No new Canon shall be enacted, or existing Canon be amended or
repealed, except by concurrent Resolution of the two Houses of the General
Convention. Such Resolution may be introduced first in either House, and shall
be referred in each House to the Committee on Constitution and Canons
thereof, for consideration, report, and recommendation, before adoption by the
House; Pprovided, that in either House the foregoing
requirement of reference may be dispensed with by a three-fourths vote of the
members present.
Sec. 2. Whenever a Canon is amended, enacted, or repealed in different respects by two or more independent enactments at the same General Convention, including the enactment of an entire Title, the separate enactments shall be considered as one enactment containing all of the amendments or enactments, whether or not repealed, to the extent that the change made in separate amendments or enactments, are not in conflict with each other. The two members of the Committee on Constitution and Canons from each House of General Convention appointed pursuant to Canon V.1.5 (a) shall make the determination whether or not there is a conflict and certify the text of the single enactment to the Secretary of the General Convention.
Sec. 3. Whenever a Canon which repealed another Canon, or part thereof, shall itself be repealed, such previous Canon or part thereof shall not thereby be revived or reenacted, without express words to that effect.
Sec. 4. If a Canon or Section of a Canon or Clause of a Section of a
Canon is to be amended or added, the enactment shall be in substantially one of
the following forms: "That Canon . . .(Canon, Section or Clause
designated as provided in Canon V.2.32) . . .
beis hereby amended to read as follows: (here insert
the new reading)"; or "That Canon . . . (Canon or Section designated as
provided in Canon V.2.32) . . .
beis hereby amended by adding a Section (or Clause)
reading as follows: (here insert the text of the new Section or Clause)." If
amendments are to be made at one meeting of the General Convention to more than
one-half of the Canons in a single Title of the Canons, the enactment may be in
the following form: "That Title . . . of the Canons
beis hereby amended to read as follows: (here insert
the new reading of all Canons in the Title whether or not the individual Canon
is amended)." In the event of insertion of a new Canon, or a new Section or
Clause in a Canon, or of the repeal of an existing Canon, or of a Section or
Clause, the numbering of the Canons, or of a division of a Canon, which follow
shall be changed accordingly without the necessity of enacting an amendment or
amendments to that effect.
Sec. 5 (a) The Committee on Constitution and
Canons of each House of the General Convention shall, at the close of each
regular meeting of the General Convention, appoint two of its members
(a) to certify the changes, if any, made in the Canons, including a
correction of the references made in any Canon to another, and to report the
same, with the proper arrangement thereof, to the Secretary , who shall
publish them in the Journal. (b) The Committee on Constitution of each House of
the General Convention shall, at the close of each regular meeting of the
General Convention, appoint a similar committee of two of its
members of the General Convention; and (b)to certify in like
manner the changes, if any, made in the Constitution, or proposed to be made
therein under the provisions of Article XII of the Constitution, and to report
the same to the Secretary of the General Convention, who shall publish
them in the Journal. The committee shall also have and exercise the power of
renumbering of, and correction of references to, Articles, Sections and Clauses
of the Constitution required by the adoption of amendments to the Constitution
at a meeting of the General Convention in the same manner as provided with
respect to the Canons in the foregoing Sections 4 and 5(a) of this
Canon.
Sec. 6. All Canons enacted during the General Convention of 1943, and thereafter, and all amendments and repeals of Canons then or thereafter made, unless otherwise expressly ordered, shall take effect on the first day of January following the adjournment of the General Convention at which they were enacted or made.
CANON 2: Of Terminology Used in These Canons
Sec. 1. Whenever the term "Diocese" is used without qualification in
these Canons, it shall be understood to refer both to "Dioceses" and to
"Missionary Dioceses," as these terms are used in the Constitution, and also,
whenever applicable, to the "Convocation of the
AmericanEpiscopal Churches in Europe."
Sec. 2. Whenever in these Canons a reference is made to a Canon or a Section of a Canon or a Clause of a Section of a Canon, the word "Canon" shall be set out, followed in order by the numerical or alphabetical designation of the Title, the Canon, the Section and the Clause, in each case separated by a period.
CANON 3: Of a Quorum
Sec. 1. Except where the Constitution or Canons of the General Convention provide to the contrary, a quorum of any body of the General Convention consisting of several members, the whole having been duly cited to meet, shall be a majority of said members; and a majority of the quorum so convened shall be competent to act.
CANON 4: Of Vacancies on Canonical Bodies
Sec. 1 (a) Except where the Constitution or Canons of the General Convention provide to the contrary,the term of a member in any body of the General Convention consisting of several members shall become vacant as follows:
(1) upon absence from two regularly scheduled meetings of the body between successive regular meetings of the General Convention unless excused by the body;
(2) upon Inhibition,any restriction
on exercise of ministry, placement on Administrative Leave,Admonition,
Suspension, or Deposition of a Member of the Clergy then serving on the
body;
(3) upon the renunciation of
thepronouncement of the release and removal from the
ordained ministry of this Church byof a Member of
the Clergy;
(4) upon the certification to the Presiding Bishop by
the Disciplinary Board for Bishops as to the abandonment of
thethis Church by a Bishop pursuant to Canon
IV.16;
(5) upon the certification by the Standing Committee as
to the abandonment of thethis Church by a Priest or
Deacon pursuant to Canon IV.16; or
(6) for cause deemed sufficient by a two-thirds vote of all the members of the body.
(b) The term of any member specified to be filled by a Priest or Deacon shall become vacant upon that member's ordination to the episcopacy.
(c) The term of any Member of the Clergy specified to be filled by virtue of a provincial or diocesan canonical residence shall become vacant upon the change of canonical residence to another diocese or to a diocese in a different province, as the case may be.
(d) The term of any Lay Person specified to be filled by virtue of a provincial or diocesan residence shall become vacant upon the change of residence to another diocese or to a diocese in a different province, as the case may be.
Sec. 2 (a) The position of a lay member becomes vacant upon loss of status as a communicant in good standing.
(b) The position of any member specified to be filled by a
lLay pPerson shall become
vacant upon that member's ordination.
| Citation: | General Convention, Journal of the General Convention of...The Episcopal Church, Salt Lake City, 2015 (New York: General Convention, 2015), pp. 925-927. |
|---|
Legislative History
| Author: | Canon Paul Ambos |
|---|---|
| Originating House: | House of Bishops |
| Originating Committee: | Constitution and Canons |
House of Bishops
The House of Bishops Committee on Constitution and Canons presented its Report #29 on Resolution D055 (Amend Canons V.1, V.2, V.3, and V.4) and moved adoption.
Original Text of Resolution:
(D055)
Resolved, the House of Deputies concurring, That Canons V.1, V.2, V.3 and V.4 be amended to read as follows:
CANON 1: Of Enactment, Amendment, and Repeal
Sec. 1. No new Canon shall be enacted, or existing Canon be amended or
repealed, except by concurrent Resolution of the two Houses of the General
Convention. Such Resolution may be introduced first in either House, and shall
be referred in each House to the Committee on Constitution and Canons
thereof, for consideration, report, and recommendation, before adoption by the
House; Pprovided, that in either House the foregoing
requirement of reference may be dispensed with by a three-fourths vote of the
members present.
Sec. 2. Whenever a Canon is amended, enacted, or repealed in different respects by two or more independent enactments at the same General Convention, including the enactment of an entire Title, the separate enactments shall be considered as one enactment containing all of the amendments or enactments, whether or not repealed, to the extent that the change made in separate amendments or enactments, are not in conflict with each other. The two members of the Committee on Constitution and Canons from each House of General Convention appointed pursuant to Canon V.1.5 (a) shall make the determination whether or not there is a conflict and certify the text of the single enactment to the Secretary of the General Convention.
Sec. 3. Whenever a Canon which repealed another Canon, or part thereof, shall itself be repealed, such previous Canon or part thereof shall not thereby be revived or reenacted, without express words to that effect.
Sec. 4. If a Canon or Section of a Canon or Clause of a Section of a Canon
is to be amended or added, the enactment shall be in substantially one of the
following forms: "That Canon . . .(Canon, Section or Clause designated
as provided in Canon V.2.32) . . .
isbe hereby amended to read as follows: (here insert
the new reading)"; or "That Canon . . . (Canon or Section designated as
provided in Canon V.2.32) . . .
isbe hereby amended by adding a Section (or Clause)
reading as follows: (here insert the text of the new Section or Clause)." If
amendments are to be made at one meeting of the General Convention to more than
one-half of the Canons in a single Title of the Canons, the enactment may be in
the following form: "That Title . . . of the Canons
isbe hereby amended to read as follows: (here insert
the new reading of all Canons in the Title whether or not the individual Canon
is amended)." In the event of insertion of a new Canon, or a new Section or
Clause in a Canon, or of the repeal of an existing Canon, or of a Section or
Clause, the numbering of the Canons, or of a division of a Canon, which follow
shall be changed accordingly without the necessity of enacting an amendment or
amendments to that effect.
Sec. 5 (a) The Committee on Constitution and Canons
of each House of the General Convention shall, at the close of each regular
meeting of the General Convention, appoint two of its members (a) to
certify the changes, if any, made in the Canons, including a correction of the
references made in any Canon to another, and to report the same, with the
proper arrangement thereof, to the Secretary of the General Convention; and
(b), who shall publish them in the Journal. (b) The Committee on
Constitution of each House of the General Convention shall, at the close of
each regular meeting of the General Convention, appoint a similar committee of
two of its members to certify in like manner the changes, if any, made
in the Constitution, or proposed to be made therein under the provisions of
Article XII of the Constitution, and to report the same to the Secretary of
the General Convention, who shall publish them in the Journal. The
committee shall also have and exercise the power of renumbering of, and
correction of references to, Articles, Sections and Clauses of the Constitution
required by the adoption of amendments to the Constitution at a meeting of the
General Convention in the same manner as provided with respect to the
Canons in the foregoing Sections 4 and 5(a) of this Canon.
Sec. 6. All Canons enacted during the General Convention of 1943, and thereafter, and all amendments and repeals of Canons then or thereafter made, unless otherwise expressly ordered, shall take effect on the first day of January following the adjournment of the General Convention at which they were enacted or made.
CANON 2: Of Terminology Used in These Canons
Sec. 1. Whenever the term "Diocese" is used without qualification in these
Canons, it shall be understood to refer both to "Dioceses" and to "Missionary
Dioceses," as these terms are used in the Constitution, and also, whenever
applicable, to the "Convocation of the
AmericanEpiscopal Churches in Europe."
Sec. 2. Whenever in these Canons a reference is made to a Canon or a Section of a Canon or a Clause of a Section of a Canon, the word "Canon" shall be set out, followed in order by the numerical or alphabetical designation of the Title, the Canon, the Section and the Clause, in each case separated by a period.
CANON 3: Of a Quorum
Sec. 1. Except where the Constitution or Canons of the General Convention provide to the contrary, a quorum of any body of the General Convention consisting of several members, the whole having been duly cited to meet, shall be a majority of said members; and a majority of the quorum so convened shall be competent to act.
CANON 4: Of Vacancies on Canonical Bodies
Sec. 1 (a) Except where the Constitution or Canons of the General Convention provide to the contrary, the term of a member in any body of the General Convention consisting of several members shall become vacant as follows:
(1) upon absence from two regularly scheduled meetings of the body between successive regular meetings of the General Convention unless excused by the body;
(2) upon Inhibition,any restriction on
exercise of ministry, placement on Administrative Leave, Admonition,
Suspension, or Deposition of a Member of the Clergy then serving on the
body;
(3) upon the renunciation of
thepronouncement of the release and removal from the
ordained ministry of this Church byof a Member of
the Clergy;
(4) upon the certification to the Presiding Bishop by the
Disciplinary Board for Bishops as to the abandonment of
thethis Church by a Bishop pursuant to Canon IV.16;
(5) upon the certification by the Standing Committee as to
the abandonment of thethis Church by a Priest or Deacon
pursuant to Canon IV.16; or
(6) for cause deemed sufficient by a two-thirds vote of all the members of the body.
(b) The term of any member specified to be filled by a Priest or Deacon shall become vacant upon that member's ordination to the episcopacy.
(c) The term of any Member of the Clergy specified to be filled by virtue of a provincial or diocesan canonical residence shall become vacant upon the change of canonical residence to another diocese or to a diocese in a different province, as the case may be.
(d) The term of any Lay Person specified to be filled by virtue of a provincial or diocesan residence shall become vacant upon the change of residence to another diocese or to a diocese in a different province, as the case may be.
Sec. 2 (a) The position of a lay member becomes vacant upon loss of status as a communicant in good standing.
(b) The position of any member specified to be filled by a
lLay pPerson shall become
vacant upon that member's ordination.
Motion carried
Resolution adopted
(Communicated to the House of Deputies in HB Message #222)
House of Deputies
The House of Deputies Committee on Constitution and Canons presented its Report #29 on HB Message #222 on Resolution D055 (Amend Canons V.1, V.2, V.3, and V.4) and moved concurrence.
Motion carried
The House concurred
(Communicated to the House of Bishops in HD Message #372)
Resolution Concurred by Both Houses, July 3.
| Abstract: | The 78th General Convention amends several sections of Canon V that provide for the enactment and revision of the Canons; and clarify the use of terminology and filling of vacancies on General Convention bodies. |
|---|---|
| Notes: | Both Resolution 2015-D055 and 2015-A149 amended Canon V.4.1(a). These amendments were in harmony with D055 uniquely amending sub-paragraph (3). The only apparent conflict appeared with changes by both resolutions to sub-paragraph Canon IV.4.1(a)(2). The amendments were blended with the approval of the Canons Legislative Review Committee. The final wording of the official version is: "(2) Upon any restriction on exercise of ministry; placement on Administrative Leave; entry of an Order or Accord, which Order or Accord includes a Sentence of Admonition, Suspension, or Deposition of a Member of the Clergy then serving on the body;". See also Resolution 2015-A109 for a further amendment to Canon V.3. |