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The Anglican Church of Canada

L’Église Anglicane du Canada

The Province of Canada

A Draft Provincial Canon Respecting
the Election, Appointment, Consecration
and Resignation of Bishops

Explanatory Note:

In 1994 the Provincial Synod called for the preparation of a Provincial Canon to standardize the method of electing bishops in the several dioceses of the province. While the proposal has not been met with much enthusiasm in the dioceses the Provincial Council has kept the item on its agenda. What follows below is the latest draft of a proposed Canon.

The draft Canon is divided into two parts. Part I contains general provisions that would apply to all dioceses whether they continue to provide their own electoral procedures or opt into the provisions contained in Part II. It would replace the present Canon III dealing with the Election and Resignation of Bishops.

Part II contains provisions for an electoral process and it would be up to each diocesan synod to decide whether or not the process should apply to the diocese.

Comments on the draft are invited and welcomed. They should be sent to the Provincial Chancellor,
The Hon. Ronald C. Stevenson,
260 King's College Road,
Fredericton, NB E3B 2E8
email: stevensn@unb.ca.

A Draft Provincial Canon Respecting
the Election, Appointment, Consecration
and Resignation of Bishops

Part I - General

1. Interpretation

In this Canon

  • "diocesan bishop" means the bishop having jurisdiction and pre-eminence in a diocese;
  • "coadjutor bishop" means a bishop elected or appointed to assist a diocesan bishop with right of succession on the death, retirement or resignation of the diocesan bishop;
  • "suffragan bishop" means a bishop elected or appointed to assist a diocesan bishop with no right of succession;
  • "assistant bishop" means a bishop who has already been consecrated who is appointed to assist a diocesan bishop with no right of succession;
  • "Metropolitan" means the Metropolitan of the Ecclesiastical Province of Canada;
  • "electoral synod" means a meeting of a diocesan synod called to elect a diocesan bishop, a coadjutor bishop or a suffragan bishop.

2. Canonical Requirements

Any priest or bishop of the Anglican Church of Canada or of a church in full communion therewith who is at least 30 years of age may be elected or appointed as a diocesan bishop, a coadjutor bishop or a suffragan bishop.

3. Financial Provision

The Metropolitan shall ensure that there is sufficient financial provision for the support of a bishop before a bishop is elected or appointed.

4. Confirmation of Elections

  1. If the Metropolitan is not the President of an electoral synod at which a bishop is elected, the President and Secretaries of the synod shall, within seven days, certify the election to the Metropolitan who shall forthwith notify the other bishops of the province.

  2. Each bishop shall, within seven days after being notified of the election, inform the Metropolitan that he or she concurs with, or objects to, the election.

  3. A bishop may object to an election on the ground that the person elected either
    1. has not attained thirty years of age,
    2. is not a priest or bishop of the Anglican Church of Canada or of a church in full communion therewith,
    3. is deficient in learning, training or experience,
    4. has either directly or indirectly secured or attempted to secure the office by improper means,
    5. is guilty of crime or immorality, or
    6. teaches or holds, or within the previous five years has taught or held, anything contrary to the doctrine or discipline of the Anglican Church of Canada.

  4. The House of Bishops of the Ecclesiastical Province of Canada shall consider and determine any objection to an election and the decision of the House of Bishops is final.

5. Consecrations

  1. After the election of a bishop has been confirmed the Metropolitan shall, with the assistance of no fewer than two other bishops, consecrate the bishop-elect.

  2. Before a bishop-elect is consecrated,
    1. the Metropolitan shall cause a duly attested certificate of election to be publicly read during the service of consecration and shall declare that there is no constitutional or canonical impediment to the consecration, and
    2. the bishop-elect shall make and subscribe an oath of due obedience to the Metropolitan and such other oaths, declarations or promises as are required by Canon.

  3. The Metropolitan may consecrate a bishop-elect who has been elected to fill an impending vacancy in the office of diocesan bishop before the vacancy occurs and a bishop-elect so consecrated shall become the diocesan bishop immediately on the occurrence of the vacancy.

6. Retirements and Resignations

  1. A bishop ceases to hold office when he or she attains the age of 70 years.

  2. A bishop may resign before attaining the age of 70 years by submitting a resignation to the Metropolitan and the House of Bishops.

  3. The bishop who is the Metropolitan may resign before attaining the age of 70 years by submitting a resignation to the diocesan bishop senior by consecration and the House of Bishops.

7. Diocesan Procedures

In a diocese in which Part II of this Canon is not in force

  1. bishops shall be elected or appointed in accordance with rules adopted by the diocesan synod, and
  2. the diocesan synod may request the House of Bishops to appoint a diocesan bishop, a coadjutor bishop or a suffragan bishop.

    3. Part II - Optional Uniform Procedures

    8. Interpretation

    In this Part

    • "Administrator" means the person who is authorized to call a meeting of the diocesan synod when the See is vacant or during the absence or incapacity of the Bishop;
    • "Bishop" means the diocesan bishop;
    • "Committee" means a Search Committee elected or appointed pursuant to section 9;
    • "Council" means the body, by whatever name it is designated, constituted by the diocesan synod to exercise the powers of the diocesan synod between meetings of that synod and, where an executive committee of the Council has been constituted and has been given the powers of the Council, includes that executive committee.

    9. Calling an Electoral Synod

    1. Subject to section 21, an electoral synod shall be called when
      1. a vacancy occurs in the office of diocesan bishop,
      2. the Bishop has submitted a resignation to the Metropolitan and less than six months remains until the effective date of the resignation,
      3. the Bishop has attained the age of 69 years and six months, or
      4. the Bishop has informed the diocesan synod that in his or her opinion the diocese requires a coadjutor bishop, or a suffragan bishop, and
        1. the diocesan synod by resolution has concurred in the opinion of the Bishop, and
        2. the Metropolitan has determined that there is sufficient financial provision for the support of a coadjutor bishop, or a suffragan bishop.

    2. The Bishop, or, if the office of diocesan bishop is vacant the Administrator, shall consult with the Metropolitan and the Council with respect to fixing the time and place for the electoral synod.

    3. After such consultation has taken place the Council
      1. shall fix a day, time and place for the electoral synod and cause notice of the electoral synod to be given,
      2. shall elect or appoint the diocesan members of the Search Committee,
      3. shall appoint the Secretary of the Committee who may, but need not, be a member of the Committee, and
      4. may request the Metropolitan to appoint provincial members of the Committee.

    4. The date of the electoral synod shall not be earlier than 16 weeks after the day on which the Council elects or appoints the diocesan members of the Committee.

    5. The Bishop or the Administrator shall, when the Council has elected or appointed the diocesan members of the Committee, send to each member of the diocesan synod, written notice of the electoral synod
      1. designating the day, time and place of the meeting,
      2. stating the purpose of the meeting, and
      3. stating that any member of the synod may, not later than eight weeks before the date of the electoral synod, submit in writing to the Secretary of the Committee (whose name and address shall be stated) the name or names of any person or persons proposed by the member for the position to be filled.

    10. Notice to the House of Bishops

    The Bishop or the Administrator shall inform the members of the House of Bishops of the Ecclesiastical Province of Canada that the Committee has been appointed and that any member of the House may, not later than eight weeks before the date of the electoral synod, submit in writing to the Secretary of the Committee (whose name and address shall be stated) the name or names of any person or persons proposed by the member for the position to be filled.

    11. The Search Committee

    1. The Search Committee shall consist of
      1. three clerical members of the diocesan synod and three lay members of the diocesan synod elected or appointed by the Council,
      2. when requested by either the Council or the Committee, a bishop, a priest and a layperson appointed by the Metropolitan from among the members of the Provincial Synod from other dioceses, and
      3. the Bishop, if the electoral synod is called to elect a suffragan bishop.

    2. The Bishop or the Administrator shall convene the first meeting of the Committee.

    3. The Committee shall, at its first meeting, elect a Chair and determine its procedures and may, if the Council has not done so, request the Metropolitan to appoint provincial members of the Committee.

    4. When a diocesan bishop or a coadjutor bishop is to be elected the Committee shall
      1. prepare a written description of the general qualifications and requirements for the position to be filled and any specific qualities that the Committee considers desirable in the person who will fill the position;
      2. receive in writing from members of the diocesan synod and from members of the Provincial House of Bishops the names of any persons proposed by them as nominees for election together with information as to the clerical position or office, address and telephone number of each person so proposed and a statement that the person has consented to be proposed;
      3. determine which of the persons proposed pursuant to clause (b) in the opinion of the Committee meet
        1. the canonical requirements for election, and
        2. the qualifications, requirements and qualities determined pursuant to clause (a);
      4. inform the proposer of any person proposed whom the Committee does not intend to nominate for election, of that fact;
      5. determine the names of other persons who in the opinion of the Committee meet
        1. the canonical requirements for election, and
        2. the qualifications, requirements and qualities determined pursuant to clause (a);
      6. enquire of the persons identified pursuant to clauses (c) and (e) whether they consent to being nominated for election, and obtain from those who do consent written confirmation of such consent;
      7. prepare a list, arranged alphabetically by surname, of the persons identified pursuant to clauses (c) and (e) who have consented to being nominated;
      8. obtain from proposers, from persons to be nominated, or otherwise the information required for communication to the members of the electoral synod;
      9. prepare appropriate information about each person to be nominated for communication to the members of the electoral synod provided always that
        1. as a minimum there shall be a brief curriculum vitae for each person to be nominated,
        2. the information shall be communicated in a standard format and reproduced in a uniform quality, and
        3. the identity of the person or persons who proposed any person for nomination under this section or under section 12 shall not be communicated to the members of the electoral synod; and
      10. present its report to the electoral synod and nominate the persons listed pursuant to clause (g).

    5. When a suffragan bishop is to be elected the Committee shall
      1. prepare a written description of the general qualifications and requirements for the position to be filled and any specific qualities that the Committee considers desirable in the person who will fill the position; and
      2. in consultation with the Bishop determine the names of persons who in the opinion of the Committee meet
        1. the canonical requirements for election, and
        2. the qualifications, requirements and qualities determined pursuant to clause (a).

    6. When a suffragan bishop is to be elected the Bishop shall nominate six or more of the persons whose names have been so determined and who have consented in writing to being nominated.

    7. When a suffragan bishop is to be elected the Bishop shall inform the Committee of the names of the nominees and the Committee shall
      1. obtain from the nominees, or otherwise, the information required for communication to the members of the electoral synod; and
      2. prepare appropriate information about each nominee for communication to the members of the electoral synod provided always that
        1. as a minimum there shall be a brief curriculum vitae for each nominee, and
        2. the information shall be communicated in a standard format and reproduced in a uniform quality.

    8. At least two weeks before the electoral synod the Administrator shall send to each member of the synod
      1. a list of the persons nominated by the Committee pursuant to clause (4)(j) or by the Bishop pursuant to subsection (6),
      2. a copy of the information prepared pursuant to clause (4)(i) or (7)(b),
      3. in the case of the election of a diocesan bishop or a coadjutor bishop, a description of the procedure for further nominations pursuant to section 12, and
      4. a description of the procedures to be followed at the electoral synod.

    12. Further Nominations

    When a diocesan bishop or a coadjutor bishop is to be elected, at the electoral synod any two members of the synod may nominate for election any person who meets the canonical requirements for election and who has consented in writing to be nominated if, at least 72 hours before the commencement of the electoral synod, such members have provided to the Secretary of the Committee

    1. written notice of their intention to nominate,
    2. the written consent to nomination of the intended nominee, and
    3. a brief curriculum vitae of the intended nominee in a form prescribed by the Council or approved by the Committee.

    13. Quorum

    1. Subject to any canon enacted under section 24, a quorum of the electoral synod consists of a majority of the clerical members of the synod and a majority of the lay members of the synod.

    2. If a quorum is not present at the time appointed for the opening of the synod, the members present may adjourn from time to time until a quorum is obtained and it is not necessary that any further summons be sent to the members of the synod.

    14. President

    1. The Metropolitan or a bishop designated by the Metropolitan shall be the president of the electoral synod.

    2. If the Metropolitan or the designated bishop is unable to preside the members of the electoral synod shall elect a president from among the lay members of the synod.

    15. Celebration of Holy Communion

    On the day appointed for the meeting of the electoral synod the members of the synod shall gather for a celebration of the Holy Communion.

    16. Election Procedures

    1. When the electoral synod convenes, following celebration of Holy Communion, the president
      1. shall permit further nominations to be made pursuant to section 12,
      2. shall, if such further nominations are made, suspend the meeting until the curricula vitae of those nominees are distributed to the members of the synod, and
      3. shall read the names of all nominees in alphabetical order by surname and shall introduce the nominees who are present.

    2. The synod shall proceed to vote by secret ballot, the orders of clergy and laity voting separately.

    3. A nominee may withdraw his or her name from the balloting at any time.

    4. After each ballot the president shall declare removed from the balloting the name of
      1. any nominee who did not receive any votes, and
      2. the one nominee, if any, who received the fewest votes in both orders simultaneously, until only two nominees remain.

    5. Subject to subsection (6) and to any canon enacted under section 24, balloting shall continue until a nominee receives the votes of a majority of the members of the order of clergy present and voting and the votes of a majority of the members of the order of laity present and voting.

    6. When a nominee receives the required number of votes the president shall declare that nominee elected and, unless the president is the Metropolitan, shall forthwith notify the Metropolitan of the election.

    7. When fewer than three names remain in the balloting, if an election does not occur after three further ballots, the electoral synod may
      1. by a majority of each order decide to continue balloting on the same name or names,
      2. by a majority of each order decide to adjourn and direct the summoning of another electoral synod within six months,
      3. by a majority of either order decide to open the meeting to re-nomination of any of those nominees who have earlier withdrawn their names or whose names have earlier been removed from the balloting, or
      4. by the same number of votes in each order as is required for an election request the House of Bishops of the Ecclesiastical Province of Canada to appoint a bishop, but, at the election of a suffragan bishop, no such decision or request shall be made without the concurrence of the Bishop.

    8. When only one name remains in the balloting the members of the electoral synod shall mark their ballots "in favour" or "not in favour" of the nominee.

    17. Procedure When Election Occurs

    1. If there has been an election the President shall
      1. declare the elected person to be the bishop-elect, and
      2. inform the bishop-elect of the election and request his or her consent to the election and to the formal submission of his or her name to the Metropolitan, and, if such consent is given,
      3. order that the ballots be destroyed and terminate the meeting.

    2. If within a reasonable time (determined by the President) the bishop-elect is not available or able to give consent, the President shall adjourn the electoral synod to be reconvened, if the bishop-elect does not consent within seven days, on the giving of 15 days notice to the members of the synod.

    3. If the bishop-elect does not consent the electoral synod shall resume voting from the point at which it ceased but the name of the person who was elected but did not consent shall be removed from the list of nominees.

    18. Validity of Election or Appointment

    Any question as to the validity of the process followed in electing or appointing a bishop shall be submitted to the Metropolitan before the consecration, or, in the case of a bishop already consecrated before the installation, of the person elected or appointed and the decision of the Metropolitan is final.

    19. Appointment of an Assistant Bishop

    1. The Bishop may appoint a bishop of the Anglican Church of Canada or of a church in full communion therewith to be an assistant bishop for a term of not more than five years at any time after
      1. the Bishop has informed the diocesan synod that in his or her opinion the diocese requires an assistant bishop,
      2. the diocesan synod by resolution has concurred in the opinion of the Bishop, and
      3. the Metropolitan has determined that there is sufficient financial provision for the support of an assistant bishop.

    2. The Bishop shall inform the Metropolitan of the appointment of an assistant bishop.

    20. Forms and Regulations

    The Council may prescribe forms for use under this Canon and may make such regulations, not inconsistent with this Canon, as are necessary to facilitate the orderly conduct of an electoral synod.

    21. Coadjutor Bishop's Right of Succession

    A coadjutor bishop, when consecrated, has the right to succession to the office of diocesan bishop and shall succeed to that office immediately it becomes vacant.

    22. Duties of Coadjutor, Suffragan and Assistant Bishops

    A coadjutor bishop, suffragan bishop or assistant bishop shall perform such duties and exercise such episcopal functions as the Bishop assigns and, if the Bishop is mentally incapacitated, such duties and functions as the Bishop might have performed or exercised but for such incapacity.

    23. Coming Into Force

    1. This Part shall come into force in a diocese when the diocesan synod adopts a Canon that
      1. declares it to be in force, and
      2. repeals all diocesan Canons inconsistent herewith.

    2. The synod of a diocese in which this Part is in force may adopt a Canon
      1. declaring that this Part is not in force, and
      2. prescribing rules and procedures for the election or appointment of bishops in the diocese.

    24. Prescribing Larger Quorum or Majority to Elect

    The synod of a diocese in which this Part is in force may, by canon, prescribe

    1. that the quorum of the electoral synod consists of a percentage or fraction of the members of each order greater than a simple majority, or
    2. that a percentage or fraction of the votes of the members of each order greater than a simple majority is required for an election.

    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.

This page maintained by:
Alan T Perry
atperry@montreal.anglican.org
© 1999 Last Updated: 990413
© 1999 Mise à jour : 990413