The Evangelical Lutheran Church in Canada (ELCiC) is composed of 5 Synods across Canada beginning on the west coast with the British Columbia Synod (56 Congregations), Synod of Alberta (149), Saskatchewan Synod (134), Manitoba/Northwestern Ontario Synod (65) and Eastern Synod which covers an expanse from Sault Ste. Marie to Halifax some 200 Congregation, an overall count of just over 600. Not all Lutheran Congregations belong to the ELCiC. St. Peter’s Estonian Evangelical Lutheran Church’s Congregation in Toronto for instance falls under the Lutheran Church in Canada (LCC) an entirely separate umbrella assembly, while St. Andrew’s Estonian Evangelical Lutheran Church and St. Peter’s Estonian Evangelical Lutheran Church in Vancouver's Congregations do fall under ELCiC.
The ELCiC has a set of Administrative Bylaws and each Synod also has a separate set of bylaws. Website of the ELCiC posts an Approved Model Constitution for Congregations, amended March 2006, and many if not all Congregations across Canada have adopted a near identical version of this precedent. ELCiC’s Administrative Bylaws and Synod’s bylaws supersede the Congregation’s bylaws. It is helpful to think of these 3 sets of bylaws as an inverted triangle with the dual-power base being at the top. I am not likely to surprise you when I say these bylaws are confusing to a layman. A high-powered litigation lawyer told me the bylaws were too wordy and opaque. He got no argument from me. I have come to the conclusion after treading through the voluminous bylaw maize that the Synods have a very tight grip on its Congregations and I expect added contraction.
In April 17 - 20, 2008 BC Synod council proposed significant changes to its ‘model’ constitution: Should this congregation desire to sever its relationship with the ELCiC as provided in Bylaw 3, Section 6, the property owned by this congregation shall, prior to such event occurring, be transferred to the British Columbia Synod at a nominal consideration and the officers of this congregation shall do all things necessary to give effect to this provision.
The Eastern Synod made a similar Motion fairly recently and then withdrew it. There is however no assurance it will not revisit this Motion. Particularly noteworthy is the entire Amendments section under Article XII re the "Approved Model Constitution for Congregations," especially Section 4. http://elcic.ca/docs/ModelCons...
Clearly, ELCiC has suffered division created by the same-sex issue and diminishing congregations have left the ELCiC in financial difficulties. It has to do something, either be swallowed up in a merger by the larger Anglican Church of Canada or look for available funds elsewhere. There is a National Convention coming up June 25 - 28 in Vancouver.
A keynote premise of Lutheranism is for Congregations to control their property but such autonomy is endangered. The good news is that Congregations are still able for the time being to separate from the ELCiC with its assets. (Your minister might have a conflict of interest with this decision if his/her pension is with the ELCiC.) Another safeguard would be to set up a non-profit foundation and transfer assets and property to it. When it comes down to protecting the Congregation’s cash-savings perhaps it may be necessary to consider a Swiss bank account. Times are changing and the water is rising.
Lutheran issues: a timely discourse (2)
Archived Articles | 24 Apr 2009 | Eva VabasaluEesti Elu
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The biggest problem with the 3 sets of bylaws is that almost no one can understand them. For example the following clause relates to Bylaws and Amendments:
"If in the judgment of the Synod Council an amendment to the constitution or bylaws of the ELCIC, to the Approved Constitution for Synods or to the Approved Constitution for Congregations ought to entail related amendments of this constitution [and bylaws], receipt of an official communication to that effect from the secretary of the synod enclosing a draft of the amendment recommended by the Synod Council shall constitute proper proposal and notice thereof. Adoption of such an amendment shall then be in order at the next following meeting of the congregation."
On their website at http://elcic.ca/docs/ModelCons... on page 2 being the index page they label the model constitution as "Approved Model Constitution for Congregations." Notice that the clause above refers only to an "Approved Constitution for Congregations." Despite the confusion about inconsistency of how the documents are titled, I read it as meaning we have to go along with anything ELCiC or its Synods amend in any of its bylaws, including their ‘Approved Model' .... without any conversation.
A motion will be heard at the Convention to add the following section to the Administrative Bylaws of the Evangelical Lutheran Church in Canada.
"Part II Section 7. Except for the provisions of Article VI, Section 9 of the Constitution of this church, this church, including any Synod of this church, cannot take any action that transfers, encumbers or establishes any control over any asset (including real property) owned by a Congregation, except by the provisions of the Congregation's Constitution."
We should not take any reassurance at all from this clause. Our bylaws already have clauses in it, see above and below, that gives the Synod sweeping powers over property and possessions and acceptance of this clause just cements this agreement.
Assuming that we are all using a near identical version of the "Approved Model Constitution for Congregations," if your church were to dissolve, or should your membership fall to a feebly low level, (Article V, Authority Section 5) the synod has the right to move in and take over all your possessions. Note: the Synod will decide when it is time for you to fold.
"Should this congregation cease to exist or should its membership so diminish in numbers as to render it impossible or impractical for the congregation to function according to its constitution and bylaws, the synod shall after consultation with any remaining members deem the congregation to be defunct. ......"
At present there is a clause in the bylaws allowing your congregation the right to sever from ELCiC - Part 4: Relationship to the ELCiC Section 5(25) and all you would need is a 2/3 majority of voting members. Of course, this freedom could be taken away at any time.
My personal opinion is that congregations need to have considerable autonomy restored. Secondly the bylaws need to be amended to be shortened and simplified. Thirdly, congregations should not be subservient to the Synod. It is advisable for every congregant/congregation under ELCiC and its Synods to have some understanding of the depth and scope of its bylaws and make his or her own decisions.
"If in the judgment of the Synod Council an amendment to the constitution or bylaws of the ELCIC, to the Approved Constitution for Synods or to the Approved Constitution for Congregations ought to entail related amendments of this constitution [and bylaws], receipt of an official communication to that effect from the secretary of the synod enclosing a draft of the amendment recommended by the Synod Council shall constitute proper proposal and notice thereof. Adoption of such an amendment shall then be in order at the next following meeting of the congregation."
On their website at http://elcic.ca/docs/ModelCons... on page 2 being the index page they label the model constitution as "Approved Model Constitution for Congregations." Notice that the clause above refers only to an "Approved Constitution for Congregations." Despite the confusion about inconsistency of how the documents are titled, I read it as meaning we have to go along with anything ELCiC or its Synods amend in any of its bylaws, including their ‘Approved Model' .... without any conversation.
A motion will be heard at the Convention to add the following section to the Administrative Bylaws of the Evangelical Lutheran Church in Canada.
"Part II Section 7. Except for the provisions of Article VI, Section 9 of the Constitution of this church, this church, including any Synod of this church, cannot take any action that transfers, encumbers or establishes any control over any asset (including real property) owned by a Congregation, except by the provisions of the Congregation's Constitution."
We should not take any reassurance at all from this clause. Our bylaws already have clauses in it, see above and below, that gives the Synod sweeping powers over property and possessions and acceptance of this clause just cements this agreement.
Assuming that we are all using a near identical version of the "Approved Model Constitution for Congregations," if your church were to dissolve, or should your membership fall to a feebly low level, (Article V, Authority Section 5) the synod has the right to move in and take over all your possessions. Note: the Synod will decide when it is time for you to fold.
"Should this congregation cease to exist or should its membership so diminish in numbers as to render it impossible or impractical for the congregation to function according to its constitution and bylaws, the synod shall after consultation with any remaining members deem the congregation to be defunct. ......"
At present there is a clause in the bylaws allowing your congregation the right to sever from ELCiC - Part 4: Relationship to the ELCiC Section 5(25) and all you would need is a 2/3 majority of voting members. Of course, this freedom could be taken away at any time.
My personal opinion is that congregations need to have considerable autonomy restored. Secondly the bylaws need to be amended to be shortened and simplified. Thirdly, congregations should not be subservient to the Synod. It is advisable for every congregant/congregation under ELCiC and its Synods to have some understanding of the depth and scope of its bylaws and make his or her own decisions.
Are you advocating your congregation to separate from the ELCIC?
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