Canon III – Canon on the Primacy

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 installation 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 7b) of this
      Canon, or
    3. the adoption of a resolution declaring the Primacy vacant pursuant to section 8d) of this Canon.
4. Duties of the Primate
  1. The Primate shall:
    1. exercise pastoral and spiritual leadership throughout The Anglican Church of Canada,
    2. function as the President of the General Synod, the Chair of the Council of the General Synod, the Chair of the meetings of Metropolitans and the Chair of the meetings of the House of Bishops,
    3. function as the Chief Executive Officer of the staff of the General Synod and shall delegate such duties of that office as the Primate deems appropriate, to the General Secretary and other executive members of the staff of the General Synod,
    4. give leadership in developing the policies and strategies of The Anglican Church of Canada,
    5. oversee the implementation of the decisions of the General Synod and the Council of the General Synod,
    6. report to each meeting of the Council of the General Synod and to the General Synod,
    7. 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,
    8. 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,
    9. visit every diocese of The Anglican Church of Canada,
    10. represent The Anglican Church of Canada internationally and ecumenically.
  2. The Primate may, after consultation with the Provincial Metropolitans and the Chapter of the Anglican Military Ordinariate and subject to the provision of financial requirements, appoint a Bishop Ordinary who shall have 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. The Primate may submit notice of intention to resign from the office of Primate to
    the Provincial Metropolitan senior by election.
  2. The senior Metropolitan shall, after consultation with the other Metropolitans and
    with the Prolocutor and Deputy Prolocutor of the General Synod, jointly with the
    Primate determine the date on which the Primate’s resignation should take effect.
  3. The Primate shall then submit to the senior Metropolitan, and the senior Metropolitan
    shall accept, a resignation to take effect on the date determined pursuant to section 7 b).
  4. The senior Metropolitan shall report the resignation to the Council of the General
    Synod and to the Order of Bishops of the General Synod.
  5. The title of the Primate after ceasing to hold 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.
Election Procedures
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. Celebration of Holy Communion
  On the day appointed for the election, the General Synod shall convene for a celebration
  of Holy Communion.
9. 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.
10. 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.
11. 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 cast in the Order of Laity, or
    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.
12. 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.
13. Resolutions
  1. Resolutions shall be presented in writing to the President.
  2. No debate shall be permitted on any resolution or ballot.
14. 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.
15. 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.

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