Theological Basis
All things should be done decently and in order. 1CO 14:40 RSV

Whereas

. | the Basis of Union is the authority under which the United Church of Canada functions.
. | such authority was provided for by The United Church of Canada Act.
. | the provisions of The United Church of Canada Act include: "28(b) That nothing in this Act contained shall be deemed to limit the independent and exclusive right and power of The United Church to legislate in all matters concerning its doctrine, worship, discipline and government, including therein the right and power from time to time to frame, adopt, alter, change, add to or modify its laws, subordinate standards and formulas and to determine and declare the same or any of them, but subject to the conditions and safeguards in that behalf contained in the Basis of Union." [cf. 3(b), p. 5 of the Manual]
. | the safeguards are a limitation of the independent and exclusive right and power of The United Church to legislate in all matters concerning its doctrine, worship, discipline and government.
. | the safeguards referenced are articles 8.6.2(1) and 8.6.2(2) of the Basis of Union.
. | remit #6 proposes a change to the safeguards as found in article 8.6.2(1) of the Basis of Union.
. | the results of remit #6 will not be available to the courts of the church until after the 38th General Council has dealt with the remit.
. | there is question whether the safeguards as a specific limitation of article 28(b) of The United Church of Canada Act and found in article 8.6.2 of the Basis of Union are themselves subject to remit.
. | the General Secretary is competent "to make rulings on questions of jurisdiction or interpretation with respect to all matters of the polity, procedures, and practice of the United Church" Manual 513(f).

THEREFORE BE IT RESOLVED the ruling of the General Secretary be requested whether the safeguards referenced in article 28(b) of The United Church of Canada Act and found in article 8.6.2 of the Basis of Union are themselves subject to remit.