Though one can appreciate the COD / Canadian Ministries is working to address the alignment of CRC ministries with CRA / charity legislation – key to understanding developments on this matter are the reservations that have been expressed in communications to Synod 2020, but also in the Banner, Network, etc. To-date Canadian Ministries / COD has dismissed those expressed reservations.
Now reservations are being expressed by a number of classes that the COD / CRCNA Canada Corp. / Canadian Ministries is operating outside of the parameters of Church Order as an appointed body of Synod, the oversight assembly. One might argue that the COD / CRCNA Canada Corp. / Canadian Ministries is appropriating “deliberative” functions that more properly belong with delegates at Synod, as one of three “assemblies” of the CRCNA. In particular see:
Postma, Gayla R. “Classis Watch: Fall 2020” Banner 2020-12-08
Classis Toronto will send a request to Synod 2021 to halt all proceedings related to the administrative restructuring of the Canadian CRCNA churches “as the actions taken by Canadian representatives serving on the denomination’s Council of Delegates and the CRCNA’s Canada Corporation are in violation of Church Order Article 27(a) and Article 28(c).” Classis Alberta South & Saskatchewan will send a similar request, as “such a move is unnecessary as the Canadian Revenue Agency (CRA) has not communicated that the CRCNA Canada is in violation of current tax law.”
My comments assume there is some missing information that might be helpful in providing an answer. The question indicates that the church is "technically" vacant, as per Church Order, even though it has two pastors. My assumption is that these pastors are not yet ordained CRC pastors. As such, the classis to which the church belongs should have assigned a church counselor to provide advice on the calling of a pastor; and classical pulpit supply, if requested by the church to deal with baptisms, communion, etc. I would recommend your church council contact the appointed church counselor to seek their advice on how to more forward on this matter. Alternatively, classis is also required to appoint church visitors to each church for advice and counsel. Your church council could also seek their advice.
Rather than addressing the question of "membership" directly with a scriptural reference, I would like to suggest that there is a problem with the "Safe Church Policy" if a principal requirement is "membership in the church." What constitutes membership?
1. baptized;
2. completed profession of faith, but under 18;
3. active professing member, over 18;
4. inactive professing member; or
5. lapsed member.
Is a baptized child a member in the sense of being an "active professing member," i.e. one who has made profession of faith; has full voting rights at congregational meetings; can stand for office, etc. Do members in #2. & 3.- #5. meet the former criteria, even if they are membership categories. One might still want #2. - #3. to participate in the life of the church where the Safe Church Policy applies.
Secondly, can you think of a situation where someone might be worshipping with you for a short or longer period from another denomination who holds their membership where enfolding them into the membership of the Body of Christ on an interim basis only makes sense.
A Safe Church Policy should non-discriminatory in applying to members and non-members alike.
I hope this take on the issue is of some assistance.
PS Maybe there's a deeper story behind the stance on membership. Personally, I know of someone who did not transfer their membership from their previous church due hurts arising in the former church and saw membership as problematic but wanted to be part of a worshipping community.
Draft: [PC 2012.01.01/00] Effective Date: January 01, 2012
Coverage: Staff Review Date: January 2014 AC
I, the undersigned, hereby agree not to divulge any information or records concerning any church and/or staff member without proper authorization in accordance with the Trinity Christian Reformed Church policies and procedures. I recognize that any discussion of. or release of, information concerning a church and/or staff member, to any unauthorized person is forbidden and may be grounds for legal and/or disciplinary action.
During the performance of my assigned duties, I will have access to confidential information required for the effective coordination and delivery of services. I agree that all discussions, deliberations, records, and information generated or maintained in connection with these activities will not be disclosed to any unauthorized person.
When serving on boards in Canada see: https://www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-folios-index/series-1-individuals/series-1-individuals/income-tax-folio-s1-f5-c1-related-persons-dealing-arms-length.html
In terms of this question, it is probably relevant to note that there is an ecclesiastical and civil law component to the question.
Church Order, Article 37 "...Although full consideration shall be given to the judgment expressed by the congregation, the authority for making and carrying out final decisions remains with the council as the governing body of the church, except in those matters stipulated otherwise in the articles of incorporation or by law" indicates that councils are also bound by civil and criminal law. (see also Church Order, Article 32, Supplement, Article 32-d) Since Duncan CRC is in British Columbia, the Society Act, etc. is applicable in this instance, and in particular Duncan CRC's Constitution & Bylaws.
The elders and deacons are the directors of the corporation under civil law, and form the council under Church Order. The executive committee which may include elders and deacons constitute the officers of the Board under civil law. As noted below, the pastor may be part of the executive committee as an elder, but has ex-officio status being an employee, i.e. an non-voting member under civil law.
There may be occasions where the executive committee and/or board/council need to go into executive session which would require the staff/employees, i.e. pastors, etc. (non-voting members) to leave the room. Executive session is not the same thing as mutual censure.
Though one would want to solicit input from all members in the congregation, the question of voting vs professing membership probably boils down to what the church Constitution & Bylaws define as who has voting rights which is guided by civil law. Church Order, Articles 4-c and 37 perhaps also give some guidance inasmuch as they refer to "adult" and "entitled."
Henry's observation "So that leaves it to the Church Order and local council to decide ecclesiastically rather than the more legal route of Articles of Incorporation. Typically provinces and states allow congregations to decide this matter in its own way without dictating any particular voting age" is more than a little problematic.
Members who have "voting rights" would also be able serve as council/board members who can enter into legal contracts, hire employees, etc. which individuals under the age of majority, i.e. under guardianship cannot do.
As such, civil law overrides ecclesiastical law. Or to put it another way, ecclesiastical law needs to follow civil law. In the same way Church Order, Article 27 requires council members to comply with the law, e.g. "Although full consideration shall be given to the judgment expressed by the congregation, the authority for making and carrying out final decisions remains with the council as the governing body of the church, except in those matters stipulated otherwise in the articles of incorporation or by law."
Regarding the matter of Articles of Incorporation (Constitution) versus Bylaws, the province of British Columbia has recently brought into force a new Societies Act which will require all NGO's, e.g. churches to revise their Constitution & Bylaws. Most matters that were formerly included in the Constitution will be required to move into the Bylaws.
Nonetheless, if a 16+/- old person is a person awarded "eligible voting" rights in a society, i.e. church they are still entitled to serve on the board/council regardless of whether the council asks or not. If their name were to be put forward, to cut it off the nomination list based on their age would be an infringement of their legal rights under the Constitution & Bylaws.
Moreover, they may be required as an "eligible voting" member to vote on financial, legal matters, etc. put before the membership, i.e. the congregation when they still under guardianship raising questions about whether their vote is legally binding.
The two things to take into consideration are Church Order, Article 37 and the church's articles of incorporation, i.e. the Constitution & Bylaws. In particular, Article 37 states "Although full consideration shall be given to the judgment expressed by the congregation, the authority for making and carrying out final decisions remains with the council as the governing body of the church, except in those matters stipulated otherwise in the articles of incorporation or by law."
As an incorporated entity, the church's bylaws will usually specifiy what constitutes a quorum required to constitute a congregational meeting. Best to check there first.
The new proposed Model Articles of Incorporation and By-Laws (Canada) released by the CRCNA states "Quorum at All Member Meetings. At each meeting of the Members a quorum shall be 50 percent of the Professing Members present in person or by such electronic means as is approved by the Council as deemed necessary to permit them to participate in the meeting. If a quorum is not present, the meeting shall be adjourned to a date and time set by the Chair."
The bar in your bylaws regarding a quorum may be set lower, or perhaps higher. In the case of the church I attend, the bylaws state "The professing members attending a general meeting, including the annual general meeting, shall constitute a quorum."
There is a caveat in Church Order, Article 37 which I had highlighted, i.e. "except in those matters stipulated otherwise in the articles of incorporation or by law."
Congregational meetings that are called under Articles of Incorporation, in particular those dealing with financial matters fall under the caveat above and therefore authority rests with the quorum of the congregation at the meeting and not council.
Posted in: Recording: Town Hall for Christian Reformed Canadians
Though one can appreciate the COD / Canadian Ministries is working to address the alignment of CRC ministries with CRA / charity legislation – key to understanding developments on this matter are the reservations that have been expressed in communications to Synod 2020, but also in the Banner, Network, etc. To-date Canadian Ministries / COD has dismissed those expressed reservations.
Now reservations are being expressed by a number of classes that the COD / CRCNA Canada Corp. / Canadian Ministries is operating outside of the parameters of Church Order as an appointed body of Synod, the oversight assembly. One might argue that the COD / CRCNA Canada Corp. / Canadian Ministries is appropriating “deliberative” functions that more properly belong with delegates at Synod, as one of three “assemblies” of the CRCNA. In particular see:
Postma, Gayla R. “Classis Watch: Fall 2020” Banner 2020-12-08
https://www.thebanner.org/news/2020/12/classis-watch-fall-2020
Classis Toronto will send a request to Synod 2021 to halt all proceedings related to the administrative restructuring of the Canadian CRCNA churches “as the actions taken by Canadian representatives serving on the denomination’s Council of Delegates and the CRCNA’s Canada Corporation are in violation of Church Order Article 27(a) and Article 28(c).” Classis Alberta South & Saskatchewan will send a similar request, as “such a move is unnecessary as the Canadian Revenue Agency (CRA) has not communicated that the CRCNA Canada is in violation of current tax law.”
Posted in: Who Can Conduct Baptisms in the CRC?
Good afternoon...
My comments assume there is some missing information that might be helpful in providing an answer. The question indicates that the church is "technically" vacant, as per Church Order, even though it has two pastors. My assumption is that these pastors are not yet ordained CRC pastors. As such, the classis to which the church belongs should have assigned a church counselor to provide advice on the calling of a pastor; and classical pulpit supply, if requested by the church to deal with baptisms, communion, etc. I would recommend your church council contact the appointed church counselor to seek their advice on how to more forward on this matter. Alternatively, classis is also required to appoint church visitors to each church for advice and counsel. Your church council could also seek their advice.
Posted in: Biblical Foundation for Membership?
Rather than addressing the question of "membership" directly with a scriptural reference, I would like to suggest that there is a problem with the "Safe Church Policy" if a principal requirement is "membership in the church." What constitutes membership?
1. baptized;
2. completed profession of faith, but under 18;
3. active professing member, over 18;
4. inactive professing member; or
5. lapsed member.
Is a baptized child a member in the sense of being an "active professing member," i.e. one who has made profession of faith; has full voting rights at congregational meetings; can stand for office, etc. Do members in #2. & 3.- #5. meet the former criteria, even if they are membership categories. One might still want #2. - #3. to participate in the life of the church where the Safe Church Policy applies.
Secondly, can you think of a situation where someone might be worshipping with you for a short or longer period from another denomination who holds their membership where enfolding them into the membership of the Body of Christ on an interim basis only makes sense.
A Safe Church Policy should non-discriminatory in applying to members and non-members alike.
I hope this take on the issue is of some assistance.
PS Maybe there's a deeper story behind the stance on membership. Personally, I know of someone who did not transfer their membership from their previous church due hurts arising in the former church and saw membership as problematic but wanted to be part of a worshipping community.
Posted in: Sample Confidentiality Agreement?
CONFIDENTIALITY OATH
Section: Administration File No. 3050-73
Draft: [PC 2012.01.01/00] Effective Date: January 01, 2012
Coverage: Staff Review Date: January 2014 AC
I, the undersigned, hereby agree not to divulge any information or records concerning any church and/or staff member without proper authorization in accordance with the Trinity Christian Reformed Church policies and procedures. I recognize that any discussion of. or release of, information concerning a church and/or staff member, to any unauthorized person is forbidden and may be grounds for legal and/or disciplinary action.
During the performance of my assigned duties, I will have access to confidential information required for the effective coordination and delivery of services. I agree that all discussions, deliberations, records, and information generated or maintained in connection with these activities will not be disclosed to any unauthorized person.
_____________________________________ _____________________________________
Signature Name (Please Print)
Date: _______________________________
_____________________________________ _____________________________________
Clerk, Council, Trinity CRC Name (Please Print)
Date: _______________________________
Reference: Trinity CRC – Protection of Personal Information Policies and Procedures
Posted in: Appropriate for Pastor's Spouse to Serve on the Board of Deacons?
When serving on boards in Canada see: https://www.canada.ca/en/revenue-agency/services/tax/technical-information/income-tax/income-tax-folios-index/series-1-individuals/series-1-individuals/income-tax-folio-s1-f5-c1-related-persons-dealing-arms-length.html
Posted in: What is the Appropriate Membership on an Executive Committee of Council?
In terms of this question, it is probably relevant to note that there is an ecclesiastical and civil law component to the question.
Church Order, Article 37 "...Although full consideration shall be given to the judgment expressed by the congregation, the authority for making and carrying out final decisions remains with the council as the governing body of the church, except in those matters stipulated otherwise in the articles of incorporation or by law" indicates that councils are also bound by civil and criminal law. (see also Church Order, Article 32, Supplement, Article 32-d) Since Duncan CRC is in British Columbia, the Society Act, etc. is applicable in this instance, and in particular Duncan CRC's Constitution & Bylaws.
The elders and deacons are the directors of the corporation under civil law, and form the council under Church Order. The executive committee which may include elders and deacons constitute the officers of the Board under civil law. As noted below, the pastor may be part of the executive committee as an elder, but has ex-officio status being an employee, i.e. an non-voting member under civil law.
There may be occasions where the executive committee and/or board/council need to go into executive session which would require the staff/employees, i.e. pastors, etc. (non-voting members) to leave the room. Executive session is not the same thing as mutual censure.
Posted in: Do Congregational Members Under 18 Vote?
Though one would want to solicit input from all members in the congregation, the question of voting vs professing membership probably boils down to what the church Constitution & Bylaws define as who has voting rights which is guided by civil law. Church Order, Articles 4-c and 37 perhaps also give some guidance inasmuch as they refer to "adult" and "entitled."
Posted in: Do Congregational Members Under 18 Vote?
Henry's observation "So that leaves it to the Church Order and local council to decide ecclesiastically rather than the more legal route of Articles of Incorporation. Typically provinces and states allow congregations to decide this matter in its own way without dictating any particular voting age" is more than a little problematic.
Members who have "voting rights" would also be able serve as council/board members who can enter into legal contracts, hire employees, etc. which individuals under the age of majority, i.e. under guardianship cannot do.
As such, civil law overrides ecclesiastical law. Or to put it another way, ecclesiastical law needs to follow civil law. In the same way Church Order, Article 27 requires council members to comply with the law, e.g. "Although full consideration shall be given to the judgment expressed by the congregation, the authority for making and carrying out final decisions remains with the council as the governing body of the church, except in those matters stipulated otherwise in the articles of incorporation or by law."
Regarding the matter of Articles of Incorporation (Constitution) versus Bylaws, the province of British Columbia has recently brought into force a new Societies Act which will require all NGO's, e.g. churches to revise their Constitution & Bylaws. Most matters that were formerly included in the Constitution will be required to move into the Bylaws.
Posted in: Do Congregational Members Under 18 Vote?
Appreciated Henry.
Nonetheless, if a 16+/- old person is a person awarded "eligible voting" rights in a society, i.e. church they are still entitled to serve on the board/council regardless of whether the council asks or not. If their name were to be put forward, to cut it off the nomination list based on their age would be an infringement of their legal rights under the Constitution & Bylaws.
Moreover, they may be required as an "eligible voting" member to vote on financial, legal matters, etc. put before the membership, i.e. the congregation when they still under guardianship raising questions about whether their vote is legally binding.
Posted in: Bible Translations — NIV2011?
I've come across the following review which appears to be fairly comprehensive:
“An Evaluation of the 2011 Edition of the New International Version”, by Rodney J. Decker in Themelios vol 36 issue 3 November 2011
http://thegospelcoalition.org/themelios/article/an_evaluation_of_the_2011_edition_of_the_new_international_version
Posted in: Is There a Quorum for Confessing Members to Be Present at a Congregational Meeting to Make the Decisions Made Legal?
The two things to take into consideration are Church Order, Article 37 and the church's articles of incorporation, i.e. the Constitution & Bylaws. In particular, Article 37 states "Although full consideration shall be given to the judgment expressed by the congregation, the authority for making and carrying out final decisions remains with the council as the governing body of the church, except in those matters stipulated otherwise in the articles of incorporation or by law."
As an incorporated entity, the church's bylaws will usually specifiy what constitutes a quorum required to constitute a congregational meeting. Best to check there first.
The new proposed Model Articles of Incorporation and By-Laws (Canada) released by the CRCNA states "Quorum at All Member Meetings. At each meeting of the Members a quorum shall be 50 percent of the Professing Members present in person or by such electronic means as is approved by the Council as deemed necessary to permit them to participate in the meeting. If a quorum is not present, the meeting shall be adjourned to a date and time set by the Chair."
The bar in your bylaws regarding a quorum may be set lower, or perhaps higher. In the case of the church I attend, the bylaws state "The professing members attending a general meeting, including the annual general meeting, shall constitute a quorum."
Posted in: Is There a Quorum for Confessing Members to Be Present at a Congregational Meeting to Make the Decisions Made Legal?
Hi Scott...
There is a caveat in Church Order, Article 37 which I had highlighted, i.e. "except in those matters stipulated otherwise in the articles of incorporation or by law."
Congregational meetings that are called under Articles of Incorporation, in particular those dealing with financial matters fall under the caveat above and therefore authority rests with the quorum of the congregation at the meeting and not council.