Good afternoon/evening...
I'm Rev. Don Anderson with the White Lake Pastoral Charge, Renfrew Presbytery.
Over the last several years I've considered the question and the effects of property ownership within the United Church of Canada with one finding
ONLY CONGREGATIONS HAVE TITLE TO LOCAL CHURCH PROPERTY
Most people have one simple question
HOW DOES THIS AFFECT ME?
The answer is
THE PERCEPTION HELD OF PROPERTY OWNERSHIP AFFECTS EVERY DECISION AND THE WAY DECISIONS ARE MADE IN THE CHURCH
Questions related to property then greatly affect you and your congregation.
The factual basis for property ownership comes from our history which dealt differently with the properties of each of the negotiating churches and later of the Evangelical United Brethren.
...for former Congregational Churches property is explicitly excluded from any interest or control by the denomination as before union.
...similarly for former Local Union Churches property never became subject to the Trusts of Model Deed.
...for former Methodist Churches the legislation effecting the union changed the trusts so that properties are now
HELD BY TRUSTEES FOR THE USE AND BENEFIT OF THE CONGREGATION
as are properties of congregations later formed within the union, and as properties of former Evangelical United Brethren Churches became twenty years after union with the United Church of Canada; subject only to the United Church of Canada having the right of approval before property is sold, exchanged, or otherwise encumbered, and the right to become the owner of the property if the congregation ceases to exist.
...Mason, one of the two lawyers who finalized church union, interpreted, and I quote
It is, therefore, not accurate to say that property held under section 4 {being held under the Trusts of Model Deed} is held by The United Church. It is held by the trustees for the congregation, but subject to the control indicated in the above provisions of the Model Deed and subject to The United Church becoming the owner of the property in the event of the congregation ceasing to be an organized congregation.
end of quote.
...for the former Presbyterian Church in Canada there is sufficient evidence that properties continue to be held for the sole use and benefit of the congregation as before union. This is the interpretation of three of four judges of the Supreme Court of Ontario, and we happen to be in Ontario, that the properties are, and I quote
...not subject to the provision of s. 4 {being held under the Trusts of Model Deed} unless and until the congregation "at a meeting thereof regularly called for the purpose shall consent that such provision shall apply"
end of quote;
and the interpretation of four of five judges of the Supreme Court of Canada,
and I quote one of the judges
The congregation, as it is constituted at the present time, is alone, in my opinion, beneficially interested in the property and entitled thereto. This, as I see it, is the meaning and intent of the legislation.
end of quote.
...consider the audited financial statements of the United Church of Canada do not report congregation property as an asset and only congregations have insurance for local church property, where the Insurance Act reads, and I quote
the insurer is not liable for loss or damage to property owned by any person other than the insured, unless the interest of the insured therein is stated in the contract
end of quote.
The internet has more information at
Thank you for listening.
If you remember nothing else, historically and presently
ONLY CONGREGATIONS HAVE TITLE TO LOCAL CHURCH PROPERTY