Nora Sanders
General Secretary
The United Church of Canada
3250 Bloor Street West
Etobicoke, Ontario
M8X 2Y4

Nora

re Pastoral Charge Payroll Service

I request opinion whether the General Council has the authority to require
. congregations which were negotiating congregations to the union of 1925; or
. congregations received subsequent to the union;
to participate in the proposed Pastoral Charge Payroll Service, where the preamble to The United Church of Canada Act reads:

"...having the right to unite with one another without loss of their identity upon terms which they find to be consistent with such principles";

and where the Basis of Union reads:

"In the management of their local affairs, the various churches, charges, circuits, or congregations of the negotiating Churches shall be entitled to continue the organization and practices (including those practices relating to membership, church ordinances, Sunday schools, and young people’s societies) enjoyed by them at the time of the Union, subject in general affairs to the legislation, principles, and discipline of the United Church. Their representatives in the next higher governing body or court shall be chosen as at present." [Basis of Union 5.1]; and

"Churches, charges, circuits, or congregations received subsequent to the Union, into the United Church, with the approval of Presbyteries, shall be entitled, if they so desire, to the privileges of sections 5.1..." [Basis of Union 5.5];

and where The United Church of Canada Act did not distinguish between the rights of congregations of the negotiating churches and of congregations subsequently received:

"...whether a congregation of the negotiating churches or a congregation received into The United Church after the coming into force of this Act" [The United Church of Canada Act article 8];

and where The United Church of Canada Act required of the Basis of Union either as Schedule A or as subsequently amended:

"...in so far as the terms and provisions thereof relating to polity and administration are not inconsistent with the provisions of this Act" [The United Church of Canada Act article 26];

and where the General Secretary has recently made statement that the General Council

"...has no authority to take any action (including the issuance of public statements) that is inconsistent with United Church doctrine and Polity"; [quoted 09/10/07, Ottawa Presbytery]

and where the safeguards limit possible implications of a centralized payroll service:

"the freedom of worship at present enjoyed in the negotiating Churches shall not be interfered with in the United Church". [Basis of Union 8.6.2(1)(c)]

Don Anderson