CANON III

I. THE PRIMACY

1. The Primacy

  1. There shall be a Primate who shall be the presiding bishop of The Anglican Church of Canada.
  2. The Primate, upon assuming office, shall be the Senior Metropolitan of The Anglican Church of Canada.
  3. The Primate shall have the title "Archbishop".

2. Election to the Primacy

The Primate shall be elected in accordance with the procedures established in Part II of this Canon.

3. Term of Office

  1. The term of office of the Primate shall commence upon election to the office.
  2. As soon as practicable following election, but in any case not more than ninety days after the date of election, the Primate shall resign the responsibilities of the episcopal or metropolitical offices held at the time of election to the Primacy.
  3. The Primate shall hold office until:
    1. attaining seventy years of age, or
    2. the effective date of a resignation accepted pursuant to section 17 of this Canon, or
    3. the adoption of a resolution declar ing the Primacy vacant pursuant to section 8d) of this Canon.

4. Duties of the Primate

  1. The Primate shall:
    1. maintain a pastoral relationship to the whole of The Anglican Church of Canada;
    2. give leadership in developing the policy and strategy of the Anglican Church of Canada;
    3. speak in the name of The Anglican Church of Canada after consultation with, or in accordance with the policies set by, the Council of the General Synod or the General Synod;
    4. implement the decisions of the General Synod throughout The Anglican Church of Canada;
    5. function as President of General Synod, Chair of the Council of the General Synod and Chief Executive Officer of the staff of General Synod; and
    6. be, ex-officio, a member of all committees, councils, boards and commissions, standing or special, appointed under any provision of the Constitution or any Canon enacted by the General Synod, or under any resolution of the General Synod, or of the Council of the General Synod.
  2. The Primate may delegate any of the duties of the Chief Executive Officer of the staff of General Synod to other executive members of that staff.
  3. The Primate, after consultation with other metropolitans, may, subject to the provision of financial requirements, appoint a Bishop Ordinary having episcopal jurisdiction over the chaplains of The Anglican Church of Canada on duty with the Canadian Forces.

5. The Office of the Primate

  1. The Primate shall maintain an office at the headquarters of the General Synod of The Anglican Church of Canada.
  2. The Primate may retain personal assistants after appropriate financial arrangements have been made pursuant to sections 5c) and 5d) of this Canon.
  3. The Financial Management and Development Committee shall, in accordance with its budgeting procedures, determine the financial needs of the Primacy, including all salaries, office expenses, living allowances, travel expenses, entertainment allowances and other expenses.
  4. The financial needs of the Primacy shall be met first from the income of any capital fund designated for such purpose and, second, from the proportional gifts made by the Dioceses.

6. Acting Primate

During a vacancy in the Primacy or during the incapacity of the Primate, the Provincial Metropolitan senior by election, able and willing to act, shall have authority to perform all the duties of the Primacy and shall be styled "Acting Primate".

7. Resignation from Office

  1. Prior to the expiration of the term of office the Primate may submit notice of intent to resign the office of Primate to the Provincial Metropolitan senior by election.
  2. The Provincial Metropolitan senior by election shall consult with the other Provincial Metropolitans, the Prolocutor and the Deputy Prolocutor of the General Synod and the Primate with regard to the proposed resignation of the Primate and the date upon which the resignation shall be effective.
  3. After the consultation referred to in section 7b), the Primate may submit notice of resignation of the office of Primate to the Provincial Metropolitan senior by election.
  4. The Provincial Metropolitan senior by election shall submit the notice of resignation to the Council of the General Synod and shall report to the Council of the General Synod the results of the consultation undertaken pursuant to section 7b) of this Canon.
  5. The title of the Primate after resignation or expiration of the term of office shall continue to be "Archbishop".

8. Incapacity of the Primate

  1. The incapacity of the Primate to carry out the functions of the Primacy for reason of illness or otherwise shall be established:
    1. by the deed of the Primate to that effect addressed to the Provincial Metropolitan senior by election, or
    2. by a Certificate of Incapacity addressed to the Provincial Metropolitan senior by election, and signed by four Diocesan Bishops of the Anglican Church of Canada and one of:
      1. the Provincial Metropolitans
      2. the Chancellor of the General Synod, or
      3. the Prolocutor of the General Synod.
  2. Where the incapacity of the Primate has been established by the deed of the Primate to that effect, the Primate may resume the functions of the Primacy by giving notice of intention to do so to the Acting Primate.
  3. Where the incapacity of the Primate has been established by a Certificate of Incapacity, the Primate may resume the functions of the Primacy by giving to the Acting Primate notice of intention to do so, and
    1. a certificate establishing the capacity of the Primate to resume the functions of the Primacy, signed by the persons who signed the Certificate of Incapacity, or their successors in office, or
    2. a certified copy of a resolution of the Council of the General Synod, or of the General Synod, directing that the Primate may resume the functions of the Primacy.
  4. After the incapacity of the Primate to carry out the functions of the Primacy has been established under Section 8a) of this Canon, the Primacy may be declared vacant:
    1. by special resolution of each of the Council of the General Synod and the Order of Bishops, or
    2. by special resolution of the General Synod.

II. ELECTION PROCEDURES

9. Procedural Guidelines

The Council of the General Synod shall establish procedural guidelines for the conduct of the election of a Primate but this Canon shall have precedence over anything contained in the guidelines as established.

10. Eligibility

All bishops of The Anglican Church of Canada who are members of the Order of Bishops of the General Synod in accordance with the Constitution of the General Synod shall be eligible for election to the Primacy.

11. General Synod to Elect

The Primate shall be nominated and elected by the General Synod of The Anglican Church of Canada in accordance with this Canon.

12. Time of Election

  1. Where a vacancy in the Primacy occurs less than twelve months before a regular session of the General Synod, the General Synod shall elect a Primate during such regular session at a time fixed by the Acting Primate.
  2. Where a vacancy in the Primacy occurs more than twelve months before a regular session of the General Synod, unless the Council of the General Synod directs otherwise, the General Synod shall elect a Primate at a special session held at a time and place fixed by the Acting Primate in consultation with the Council of the General Synod.

13. Meeting of the Order of Bishops

The Order of Bishops shall meet not earlier than one hundred and twenty days and not later than thirty days before the date fixed for the election of the Primate and shall nominate three or more bishops for the office of Primate.

14. Notice to the Orders of Clergy and Laity

Immediately following the meeting of the Order of Bishops, the General Secretary of the General Synod shall send to all members of the Orders of Clergy and Laity the names of the nominees together with such biographical information about each nominee as is required by the guidelines established under section 9.

15. President

The Prolocutor of the General Synod or, in the absence of the Prolocutor, the Deputy Prolocutor of the General Synod shall preside during the election of the Primate by the General Synod.

16. Celebration of Holy Communion

On the day appointed for the election, the General Synod shall convene for a celebration of Holy Communion.

17. Report of the Credentials Committee

Upon conclusion of the celebration of Holy Communion, the Credentials Committee shall report as to the standing of all persons present and as to the presence of a quorum of the General Synod.

18. Withdrawal of the Order of Bishops

A quorum of the General Synod being present, the Order of Bishops shall withdraw and sit apart from the other Orders.

19. Voting and Election in the Orders of Clergy and Laity

  1. When the Order of Bishops has withdrawn, the Orders of Clergy and Laity shall proceed immediately to vote by ballot on the nominations made by the Order of Bishops.
  2. Votes shall be taken by Orders and, subject to sections 20 and 22, shall continue until there is an election.
  3. After the second and each subsequent vote:
    1. the name of any nominee who has received fewer than 10 per cent of the votes cast in the Order of Clergy and fewer than 10 per cent of the votes case in the Order of Laity, or July 2001 Page 46 Canon III
    2. if all nominees have received at least 10 per cent of the votes in both Orders, the name of the nominee who received the fewest votes in the aggregate,
    shall be removed from the ballot before the next vote, until only two nominees remain.
  4. An election occurs when a nominee receives a majority of the votes of:
    1. the members of the Order of Clergy present, and
    2. the members of the Order of Laity present.
  5. Upon an election occurring, the Order of Bishops shall be notified.

20. Further Nominations

  1. Either the Order of Clergy or the Order of Laity may, at any time after the second vote is taken, by resolution request further nominations from the Order of Bishops.
  2. Upon receipt of such a request, the Order of Bishops shall submit one or more additional nominations.

21. Resolutions

  1. Resolutions shall be presented in writing to the President.
  2. No debate shall be permitted on any resolution or ballot.

22. Failure of Orders of Clergy and Laity to Elect

  1. When, after the number of nominees has been reduced to two,
    1. an election has not occurred after three successive votes, and
    2. no request for additional nominations has been made,
    the Order of Bishops shall be notified that the Orders of Clergy and Laity are unable to elect.
  2. When the Order of Bishops is notified that the Orders of Clergy and Laity are unable to elect, the members of the Order of Bishops shall proceed to vote on the two remaining nominees and an election occurs when one of the nominees receives a majority of the votes of the members of the Order of Bishops present.

23. Declaration of Election

When an election occurs, the Order of Bishops shall return and sit with the Orders of Clergy and Laity and the Acting Primate shall formally proclaim the elected person to be Primate of The Anglican Church of Canada.