Provincial Canons (Titles I - III)

Title I OF THE NAME AND IDENTITY OF THIS CHURCH

  1. Canon 1. OF THE NAME AND IDENTITY OF THIS CHURCH.
  2. 1.01 Of the Name of this Church.

The legal and official name, and name of primary usage and correct ecclesiastical description, of this Church is "The Anglican Catholic Church." The former name and ecclesiastical description of this Church, "The Anglican Church in North America," or its more common form, "The Anglican Church," may continue to be used in those places where it has heretofore customarily been used. Other such alternative names and ecclesiastical description include "The Continuing Episcopal Church in the United States of America," and "The Continuing Anglican Church of Canada."

  1. 1.02 Of the Use of the Name and Ecclesiastical Description in these Canons.

Hereinafter in these Canons, the aforesaid Church shall be and is referred to as "this Church."

  1. 1.03 Of the Registration of the Name of this Church.

The name of this Church shall be registered or filed, or both as the case may be, in the place in which the College of Bishops of this Church shall direct that this Church be incorporated or in such other place or places as the College shall, from time to time, direct.

  1. Title II OF THE COMMON LAW OF THE CHURCH
  2. Canon 1. OF THE SEVEN OECUMENICAL COUNCILS AND THE CANONS ACCEPTED BY THEM.

This Church submits itself and subscribes to the Seven Holy Oecumenical Councils of the undivided Primitive Catholic Church and their Doctrine, Definitions, Letters, Epistles, Acts, and Decrees, both doctrinal and synodal, and the Letters and Decrees of the Regional Councils or Synods and of the Fathers received, accepted, and affirmed by the said Oecumenical Councils, all as received in the Church of England through the year 1543, as well as thereby the Canons, Canonical Acts and Decrees, and the Rulings Canonical thereof or therein made, and the Canonical principles expressed therein, as be yet accustomed and used in the Church since their adoption and which neither have been expressly altered or amended by positive action of this Church nor have fallen into and remained in desuetude, to wit,

(a) The Oecumenical Councils of:

Nicaea I in A.D. 325, Constantinople I in A.D. 381, Ephesus in A.D. 431., Chalcedon in A.D. 451, Constantinople II in A.D. 553, Constantinople III in A.D. 680-681, and the continuation thereof in Trullo, called Quinisext, in A.D. 692, and Nicaea II in A.D. 787; and

(b) The Regional or Local Councils or Synods of:

St. Cyprian's Council of Carthage in A.D. 257, Ancyra in A.D. 314, Neocaesarea in A.D. 315, Gangra in the Fourth Century, A.D., Antioch in Encaeniis in A.D. 341, Laodicea in the Fourth Century, A.D., Sardica in or about A.D. 343, Constantinople in A.D. 394, and Carthage in A.D. 419,

all as received, accepted, and affirmed by the aforesaid Council in Trullo by its Canon II, and by the aforesaid Second Council of Nicaea by its Canon I; and

(c) The Canons, Decrees, and Rulings of the Fathers, more particularly those of:

"The Holy Apostles," or the "Apostolical Canons," The Canons of St. Peter of Alexandria, The Canonical Epistle of St. Gregory Thaumaturgus of Neocaesarea, The Epistle of St. Athanasius to the Monk Ammus, The Epistle of St. Athanasius from his XXXIX Festal Epistle, The Epistle of St. Athanasius to Rufinian, The First Canonical Epistle of St. Basil to Amphilochius, The Second Canonical Epistle of St. Basil to Amphilachius, The Third Canonical Epistle of St. Basil to Amphilochius, The Canonical Epistle of St. Gregory Nyssa to St. Letoius of Mitylene, The Canon of St. Gregory the Theologian on the Canon of Scripture, The Canon of St. Amphilochius on the Canon of Scripture, The Canonical Replies of St. Timothy of Alexandria, The "Prasphanesis" of St. Theophilus of Alexandria, The "Warnings" or "Commonitories" of St. Theophilus of Alexandria which Amman received on account of Lycus. The Narrative of St. Theophilus of Alexandria concerning the So-called Cathari," The Canon from the Epistle of St. Theaphilus of Alexandria to Bishop Agatho, The Canon from the Epistle of St. Theophilus of Alexandria to Bishop Menas, The Canonical Epistle of St. Cyril of Alexandria to Domnus, The Canonical Epistle of St. Cyril of Alexandria to the Bishops of Libya and the Pentapolis, and The Canonical Encyclical Epistle of St. Gennadius and his Synod of Constantinople to the Metropolitans and to the Bishop of Rome.

  1. Canon 2. OF MATTERS NOT EXPRESSLY LEGISLATED HEREIN.

Any matters not expressly legislated by or provided for by the constitution and Canons of this Church or the Constitution and Canons of any Province or Diocesan Synod or other such jurisdiction thereof shall be referred to and be subject to the General Canon Law and the Common Law of the Church as received by the Church of England in the estates thereof in convocation assembled as specified by this Acts of Parliament in 1534 and l543, or any and all other Anglican Laws Ecclesiastical in effect in part or parts of North American or elsewhere concerned prior to 1967, all of which same bodies of Anglican Canon Law not expressly altered or amended by any Synod or Synods concerned of this Church or rendered inapplicable in the particular Circumstances thereof, are incorporated by reference to be of continued force and effect in the place or places where they were heretofore of farce and effect.

  1. Canon 3. OF THE EXPLANATION OF TERMINOLOGY USED IN CANON LAW.

Terminology used in the Canon Law of the Church may, from time to time, be defined and set forth in an official Schedule and Glossary of Terms appended and attached to these Canons as may be determined by direction of the Primate of this Church, or the Metropolitan of the Original Province of this Church, after his taking such expert advice and consent of his College of Bishops.

  1. Canon 4. ON THE NORMS OF INTERPRETATION OF THE CONSTITUTION AND CANONS OF THIS CHURCH.

All words and terms used in the Constitution and Canons of this Church, as well as the provisions set forth therein, shall be given their normal meaning and natural construction in accordance with the norms, general practice, and principles of the Laws Ecclesiastical and the accustomed usage of the Church, unless the context shall indicate otherwise, and in accordance with the provisions set forth in Article XI of the Constitution of this Church.

  1. Title III OF THE DIOCESES
  2. Canon 1. OF THE COUNCILS OF ADVICE OF THE DIOCESES AND OTHER SUCH JURISDICTIONS.
  3. 1.01 Of Councils of Advice During Sede Plena.

In every Diocese, Missionary Diocese, Missionary District, or other such jurisdiction of this Church there shall be chosen a Council of Advice, which shall be, act, and serve as the Bishop's Council of Advice to the lawful and proper Ordinary during his term of tenure of Office.

Such Dioceses or other such jurisdictions aforesaid shall be free to designate such Councils of Advice by whatsoever name is customary in that place concerned.

  1. 1.02 Of Guardians of Spiritualities During Sede Vacante.

Whenever there shall be a complete and total avoidance and canonical vacancy in a See of this Church, such Council of Advice thereof, not inconsistent with the Authority of the Metropolitan of that Province when such proper canonical vacancy occurs, shall be, act, and serve as the Guardians of the Spiritualities of that Diocese, Missionary Diocese, Missionary District, or other such jurisdiction concerned.

  1. 1.03 Of Other Duties.

The duties of the Councils of Advice, except as set forth in the Constitution and Canons of this 3 Church, may be prescribed by the respective Dioceses, Missionary Dioceses, or other such jurisdictions concerned.

  1. Canon 2. OF THE ECCLESIASTICAL JURISDICTIONS OF THE DIOCESES AND OTHER SUCH JURISDICTIONS.
  2. 2.01 Of the Original Province.

The Territories subject to the Ecclesiastical Jurisdiction of the respective Dioceses and other such jurisdictions of the Original Province of the Church shall be as follows:

(a) Of the Diocese of the Holy Trinity.

The Diocese of the Holy Trinity shall be composed of and exercise its Ecclesiastical Jurisdiction within the States of Colorado, Idaho, Montana, New Mexico, Oregon, Washington, Wyoming, and Utah.

(b) Of the Anglican Diocese of the Midwest.

The Anglican Diocese of the Midwest shall be composed of and exercise its Ecclesiastical Jurisdiction within the Commonwealth of Kentucky; the States of Indiana, Ohio, Michigan, and Wisconsin; the State of Illinois excepting the Counties of Madison, Monroe, Rock Island, St. Clair, and Whiteside; and the Counties of Cabell and Wayne within the State of West Virginia.

(c) Of the Anglican Diocese of the Mid-Atlantic States. The Anglican Diocese of the Mid-Atlantic States shall be composed of and exercise its Ecclesiastical Jurisdiction within the Commonwealth of Virginia; the District of Columbia; the States of Delaware and Maryland; the State of West Virginia excepting the Counties of Cabell and Wayne; and the Counties of Sullivan and Washington, including the civil jurisdictions lying situate geographically therein, of the State of Tennessee.

(d) Of the Diocese of the Resurrection.

The Diocese of the Resurrection shall be composed of and exercise its Ecclesiastical Jurisdiction within the Commonwealth of Pennsylvania and the States of New Jersey and New York.

(e) Of the Diocese of the South.

The Diocese of the South shall be composed of and exercise its Ecclesiastical Jurisdiction within the States of Georgia, North Carolina, and South Carolina; that portion of the State of Florida lying situate East of the Apalachicola River; and the Eastern Grand Division of the State of Tennessee by law established, including the civil jurisdiction lying situate geographically therein; excepting the Counties of Sullivan and Washington, including the civil jurisdiction lying situate geographically within.

(f) Of the Diocese of New Orleans.

The Diocese of New Orleans shall be composed of and exercise its Ecclesiastical Jurisdiction within the States of Alabama, Arkansas, Louisiana, Mississippi, Oklahoma, and Texas; that portion of the State of Florida lying situate West of the Apalachicola River; the Middle Grand Division and the Western Grand Division of the State of Tennessee by civil law established, including the civil jurisdictions lying situate geographically therein; and the State of Chihuahua within the United States of Mexico.

(g) Of the Diocese of the Pacific Southwest.

The Diocese of the Pacific Southwest shall be composed of and exercise its Ecclesiastical Jurisdiction within the States of Arizona, California, and Nevada.

(h) Of the Missionary Diocese of the Caribbean and New Grenada.

The Missionary Diocese of the Caribbean and New Grenada shall be composed of and exercise its Ecclesiastical Jurisdiction within the Greater Antilles and the Lesser Antilles of the Caribbean and the Countries of Columbia, Ecuador, Peru, Panama, and Venezuela, save in those areas Which are within or under the Ecclesiastical Jurisdiction of other Churches of the Anglican Communion which have not departed from Catholic Faith and order.

(i) Of the Missionary Diocese of Australia.

The Missionary Diocese of Australia shall be composed of and exercise its Ecclesiastical Jurisdiction within the states and territory of the Commonwealth of Australia.

(j) Of the Missionary Diocese of the Great Plains.

The Missionary Diocese of the Great Plains shall be composed of and exercise its Ecclesiastical Jurisdiction within the States of Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, arid South Dakota; and the counties of Madison, Monroe, Rock Island, St. Clair, and Whiteside within the State of Illinois.

(k) Of the Missionary Diocese of New England.

The Missionary Diocese of New England shall be composed of and exercise its Ecclesiastical Jurisdiction within the Commonwealth of Massachusetts and the States of Connecticut, Maine, New Hampshire, Rhode Island and Providence Plantation, and Vermont.

(l) Of the Missionary Diocese of England and Wales.

The Missionary Diocese of England and Wales shall be composed of and exercise its Ecclesiastical Jurisdiction within the Kingdom of England and the Principality of Wales.

(m) Of the Missionary District of New Zealand.

The Missionary District of New Zealand shall be composed of and exercise its ecclesiastical Jurisdiction within the Dominion of New Zealand.

(n) Of the Missionary District of Alaska.

The Missionary District of Alaska shall be composed of and exercise its Ecclesiastical Jurisdiction within the State of Alaska.

And

(p) Of the Office of the Metropolitan of the Original Province.

The Office of the Metropolitan of the Original Province of this Church shall have assigned to its Ecclesiastical Jurisdiction all other territories not assigned to any Diocese, Missionary Diocese, Missionary District, or other such jurisdiction of this Church.

  1. 2.02 Of The Province of India.

The territories subject to the Ecclesiastical Jurisdiction of the Dioceses and other such jurisdictions of the Province of India, also designated the Church of India (Anglican) as well as known as the Anglican Episcopal Church of India, shall be as defined and set forth in the Constitution, Canons, and Rules (1960) of the Church of India, Pakistan, Burma, and Ceylon, or as otherwise determined by the appropriate authorities of that Province.

  1. 2.03 Of the Territories of such other Dioceses of Jurisdiction of this Church.

Territories of such other Dioceses as may be established under the provisions of the Constitution of this Church shall he defined by action of the Provincial Synod concerned.

  1. Canon 3. OF MISSIONARY DIOCESES AND MISSIONARY DISTRICTS.

3.01 The Missionary Dioceses and Missionary Districts shall be as established by the College of Bishops of this Church or of that Province concerned.

3.02. The internal powers and authority of such Dioceses and Districts shall be defined by the College of Bishops as aforesaid. The said College of Bishops concerned shall appoint or provide for the selection of the initial Bishop Ordinary for such Diocese or District concerned, having due regard to the petition of the Clergy and the People thereof.

  1. Canon 4. OF THE JURISDICTION OF THE ARMED FORCES.

4.01 When there be five Priests with Cure and Charge of Souls, and as many congregations, within the Jurisdiction of the Armed Forces for any one country in this Church, or any Province thereof, the Bishop Ordinary for said Jurisdiction shall convene and have a Synod of Clergy and Lay Delegates as provided for Dioceses in Article II of the Constitution of this church and subject to the same provisions, which shall meet at least once each year for the adoption of such Canons or the transaction of other business as need may require.

4.02 (a) Until there be such a Synod aforesaid, at the wish of any clergyman of this Church serving in such Armed Forces or the wish of the Diocese or other such jurisdiction concerned, or both, such Clergyman may retain his membership, if he held such, in the Synod of the aforesaid Diocese or other such jurisdiction from whence he came and his canonical residence thereon.

(b) Until there be such a Synod, any lay person of this Church otherwise subject to the Jurisdiction of the Armed Forces of any country, may retain his parochial or Diocesan voting or other privileges, or both, in the jurisdiction from whence he came and his canonical residence therein.

  1. Canon 5. OF ECCLESIASTICAL PECULIARS.

5.01 The Metropolitan of any Province of this Church, with the advice and consent of his College of Bishops, may establish an Ecclesiastical Peculiar anywhere within his Province and exercise Ordinary jurisdiction therein, either in person or through his deputy, provided the Bishop Ordinary of the jurisdiction within which the aforesaid Ecclesiastical Peculiar lies, with the advice and consent of his Council of Advice, shall have consented to the establishment of such Ecclesiastical Peculiar.

5.02 The Metropolitan may assign Episcopal oversight, jurisdiction, and his Visitorial Powers to a Diocesan Bishop to administer as if it were a part of such Diocesan Bishop's jurisdiction. Other than a Bishop, no Clergyman, or no Lay member of any congregation included within such a Peculiar may be a voting Delegate in any Diocesan, Provincial, or Holy Synod so long as he or they shall retain canonical residence in such Peculiar.

5.03 The Metropolitan, with the advice and consent of his College of Bishops, may disestablish at any time such an Ecclesiastical Peculiar situated with in his Province.

  1. Canon 6. OF ANNUAL MEETINGS OF SYNOD.

6.01 At least once in each year, the Ordinary of each Diocese, Missionary Diocese, Missionary District, or such other jurisdiction of this Church shall summon all Clergymen canonically resident therein, together with Delegates from each of the congregations, parishes, and missions therein, to convene then in Synod.

6.02 The summons, selection of Delegates, and the Synod shall be conducted in accordance with the Constitution or Canons, or both, of that jurisdiction.

  1. Canon 7. OF THE ESTABLISHMENT OF NEW DIOCESES.

7.01 A new Diocese of this church may be established by not fewer than five priests of this Church together with not fewer than ten contiguous non-dependent congregations or parishes, each of which has had continuously over the period of the six months previous to such establishment not less than twenty baptized adult members of this Church, amongst whom there are not less than ten communicants, provided that:

(a) The proposed Diocese shall form a contiguous unit;

(b) The proposed Diocese shall not make any previously existing Diocese, Missionary Diocese, or Missionary District cease to be a territorially contiguous unit nor reduce it to fewer than fifteen contiguous non-dependent congregations or parishes nor reduce it to having fewer than eight Priests of this Church canonically resident therein;

(c) The proposed Diocese shall be contiguous with a portion of the boundary of a previously existing Diocese, Missionary Diocese, or Missionary District of this Church if the proposed Diocese shall he wholly contained therein.

(d) Consent for the formation and establishment of such new Diocese shall have been previously secured from the Synods of each and every previously existing Diocese, Missionary Diocese, Missionary District, or other such jurisdiction over any part of the territory of such proposed new Diocese;

(e) Consent for the formation and establishment of such new Diocese shall have been previously secured from the Provincial Synod or Synods of this Church concerned, provided that, if the proposed territory of such proposed new Diocese shall include territories subject to the jurisdiction of more than one Province, such consents shall agree as to which Province shall have jurisdiction over the proposed new Diocese, and further, in such case, the consent of the Holy Synod shall also be required for the formation and establishment of such new Diocese;

(f) After such applicable consents mentioned in sub-sections (d) and (e) have been secured, none of which may be withheld or delayed unreasonably if those proposing to establish such new Diocese have submitted full and detailed petitions to the Synods concerned, and all territorial and membership requirements of this Section have been fulfilled, the Metropolitan of the Province within which such new Diocese is to be established shall summon into being the first Synod thereof; and

(g) Such Metropolitan shall summon into such first Synod only the aforementioned petitioning Priests, other Clergymen of this Church named in the petition as previously ministering within the authorized territory of such new Diocese, together with Lay Delegates from each of the congregations, parishes and missions located within the bounds of such new Diocese and subscribing to or named in the aforementioned petition.

7.02 The first meeting of the Synod of such new Diocese summoned by the Metropolitan in accordance with Section 2, Sub-sections (f) and (g), above shall be presided over by the Metropolitan, or his Episcopal Deputy, and shall adopt a Constitution or Canons, or both, of its own consistent with the Constitution and Canons of this Church and of the Province concerned. Until the effective date of such adopted Diocesan Constitution or Canons, or both, as the case may be, the new Diocese shall be governed by the Constitution or Canons, or both, as the case may be, of the Diocese, Missionary Diocese, or Missionary District from which the new Diocese drew the greater number of founding congregations, or, if such cannot be ascertained, then those of the oldest of the jurisdictions from which it has drawn any of its founding congregations, except as local circumstances may prevent or, if neither of the above is possible or applicable, a provisional Constitution or Canons, or both, approved by the Metropolitan of that Province, with the advice and consent of his College of Bishops, shall govern in the interim until the formal adoption by such new Diocese of a Constitution or Canons, or both, for its own governance.

7.03 The Metropolitan, or his designated Episcopal Deputy, shall exercise the Ordinary jurisdiction of each new Diocese, including the Presidency of the Synod thereof, until such time as the Diocese shall have elected a Bishop ordinary of its own in accordance with Article IV of the Constitution of this Church, the Canons of this Church, the Constitution and Canons of that Province, and the Constitution and Canons, or both, governing the new Diocese at that time, in compliance with Section 2 above saving the canonical rights of a Bishop-elect, and such person elected shall have been ordained and consecrated Bishop and shall have been enthroned and installed Bishop of that See, or, already being a Bishop, he shall have been translated, enthroned, and installed Bishop of that See.

7.04. At the first meeting of the Synod of each new Diocese, provision shall be made for at least a Council of Advice to the Ordinary and a Diocesan Court through which the judicial authority of the Ordinary shall be exercised.

  1. Canon 8. OF JURISDICTIONS OTHER THAN OF THIS CHURCH.

Notwithstanding the provisions of Canon 7, a Diocese already constituted, which formerly was a constituent portion of another Church not in formal or canonical Communion with this Church, or a major portion of such Diocese, together with its Bishops, or Bishops, if such be in Apostolic Succession, may be received into this Church as a new Diocese provisionally by the Metropolitan of that Province, with the advice and consent of his College of Bishops, provided that:

(a) Consent previously has been obtained from all Bishops Ordinary of this Church who exercise jurisdiction over any territory included within the aforesaid Diocese being received, such

consents having been given with the advice and consents of their respective Councils of Advice;

(b) All Bishops, Priests, and Deacons of such Diocese, or portion thereof, being received shall subscribe and make the Declarations and take the Oaths required of men entering the Orders in which the aforesaid Bishops, Priests, and Deacons seek to be received into the Church, and further, shall agree to any ordination or ordination and consecration, or both, as need may require, if they do not meet the standards of those Canons, to positively supply whatsoever possibly may be lacking;

(c) Under the provisions of the Canon, the Bishop Ordinary of such Diocese being received will undertake to regularize the Confirmations therein not meeting the standards set forth in these Canons within six months after the date the Diocese is received into this Church;

(d) The Synod, or other governing body, of such Diocese, or portion thereof, seeking reception into this Church, formally shall petition the Metropolitan of the Province concerned for reception into this Church and that Province;

(e) Upon the conditional grant of such petition by the Metropolitan as aforesaid, the Synod, or governing body, of such Diocese, or portion thereof, being received shall ratify the Constitution and Canons of this Church and of the Province wherein such petitioning Diocese is situated, formally renounce their former ecclesiastical affiliation, and commence the necessary procedures to bring their governing documents into conformity with those of this Church and of the Province concerned;

(f) The conditions described above having been met, provisional reception into the Communion of this Church shall become permanent upon the completion of the necessary consents having been obtained from the Provincial Synod concerned and the Synods of every Diocese, Missionary Diocese, Missionary District or other such jurisdiction which contains any territory included within the Diocese, or portion thereof, being received; and

(g) Each Diocese, or portion thereof, thus received under the provisions of Canon shall meet all other requirements for new Dioceses of this Church as may be applicable.

  1. Canon 9. OF OTHER DIOCESAN OFFICIALS.

Each Diocese, Missionary Diocese, Missionary District, or other such jurisdiction, may provide by Canon for the mode of designation and appointment of Vicars General, Archdeacons, Deans, Vicars Delegate, Canons Principal, Regional or Rural Deans, Canons Minor, Chancellors, Commissaries, and other such officials as shall be deemed expedient or necessary to aid the Ordinary in the administration and government of that jurisdiction. Such Canon also may define the term of office, and the duties, authority, and responsibilities of each such official and any jurisdiction, if so be, in which he may be assigned authority.