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Appendix B: AN ACT TO INCORPORATE THE SYNOD, 1906

(Statutes of Ontario, 1906, Chapter 141)

 

An Act to Incorporate the Synod of the Diocese of Algoma in Connection with the Church of England in the Dominion of Canada.

 

Whereas the Bishop, Clergy and Laity of the Church of England in Canada in the Diocese of Algoma have by petition represented that the Diocese of Algoma was set apart several years ago, and includes the following territory, viz: The Districts of Muskoka, Parry Sound and Manitoulin, that portion of the District of Nipissing having the height of land as its northern boundary, and for its southern boundary the Mattawa River and Trout Lake, together with a line produced westerly to where the said lake is intersected by the northern boundary of the Township of Ferris, and thence westerly along that boundary to Lake Nipissing, all that portion of the district of Algoma lying south of the height of land, and that portion of the District of Thunder Bay lying south and east of the height of land;

 

and that it is advisable that the Bishop, Clergy and Laity members of the Church of England in Canada within the limits of the said Diocese, shall be formed into a Synod for the better government of the Church within the said Diocese;

 

and whereas the Bishop, Clergy and Laity above mentioned by their said petition, prayed that the said Synod may be incorporated;

 

and whereas it is expedient to grant the prayer of the said petition;

 

Therefore His Majesty by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

 

1. The Bishop, Clergy and Laity of the Church of England in Canada in the Diocese of Algoma are constituted a body corporate and politic under the name of The Incorporated Synod of the Diocese of Algoma, hereafter called the Synod.

2. The Synod shall be composed of the Bishop of the Diocese for the time being, who shall be the head thereof; the Suffragan or Coadjutor Bishop thereof, if any; the Priests and Deacons of the same licensed by the Bishop, and lay representatives elected in each parish or mission within the Diocese, in the first instance at such time and place and in such manner as the Bishop may direct, and thereafter in accordance with the canons, by-laws or regulations adopted by the Synod.

3. The first meeting of the said Synod shall be called by the Bishop of the Diocese at such time and place as he shall think fit.

4. At the said meeting or at any adjournment thereof the Synod may adopt a constitution and canons, by-laws or regulations for the general management and good government of the Church of England in Canada within the said diocese, and may from time to time, as the Synod sees fit, alter and amend the same, and the Synod may in such manner and by such proceedings as may be adopted, 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, for the acquiring and disposing of property and for the convenient and orderly management of the same and the temporalities, affairs and interests generally of the Church in matters relating to and affecting the same, and the officers and members thereof; Provided that nothing in this Act contained shall authorize the doing of any act or the adoption of any canon, by-law, or regulation contrary to any general statute of the Province or to any canon, by-law or regulation of the Provincial Synod of Canada or of the General Synod of the Dominion of Canada.

5. The said Synod may receive by devise, bequest or gift and acquire by agreement, purchase or otherwise, land and other property or any interest therein and shall hold the same in trust for eleemosynary, ecclesiastical or educational purposes, of the Church of England in Canada, within the Diocese of Algoma and shall have the power to charge, sell or otherwise deal with or dispose of the same upon such terms and in such manner as it may deem expedient for the purposes aforesaid.

6. All property of every kind whatsoever, now held by the Bishop of the Diocese of Algoma in trust for the Church of England in Canada within the Diocese is hereby vested in the Synod, for all the estate, right, title, and interest therein of the said Bishop of Algoma, without the execution or registration of any deed, transfer, assignment or other conveyance from the said Bishop to the Synod, and the synod shall hereafter hold such property subject to all trusts relating thereto, and the Bishop of the said Diocese of Algoma is hereby released and discharged from all liability in connection with the future administration of such trusts, or the property constituting the subject matter thereof.

7. For the purposes of proving the transmission of title of any trust property aforesaid, from the Bishop of Algoma to the Synod, it shall be sufficient in order to satisfy the requirements for registration under The Land Titles Act or The Registry Act, or any other Act of the Province affecting the registered title to lands or goods and chattels, to recite in any instrument executed by the Synod and dealing with such property or any interest therein the title of this Act and the chapter and statute year in which it was passed.

8. The Synod shall invest at interest all funds held by it in trust, in securities in which trustees may invest trust funds under the provisions of The Trustee Investment Act, and amendments thereto, and in no other securities. (Repealed 31st March, 1955; see Appendix C)

9. The Synod may exercise its powers by or through such Committees as it may from time to time appoint, and the Bishop of the Diocese of Algoma or someone appointed by him shall be Chairman and convenor of every such committee.

10. Every conveyance of real estate or any interest therein vested in the Synod or any discharge or mortgage held by it or any deed, document, or paper writing necessary in connection with the due exercise of the powers herein conferred on said Synod, shall be deemed to be duly executed by the Synod, by affixing thereto the seal thereof and the signature of the Bishop of the Diocese for the time being or his commissary duly appointed, and of the Secretary or Registrar of the Synod, or in such other manner as the Synod may by canon or by-law from time to time direct.

11. In addition to the powers by this Act conferred, the Synod shall likewise possess and be entitled to exercise every power, right or capacity vested in the Bishop of Algoma under the provisions of the Act passed in the 48th year of the reign of Her late Majesty Queen Victoria and chaptered 88.

 

(Assented to by the Lieutenant-Governor of the Province of Ontario.

27th April, 1906)