Canon 6 states that “all real property in the Diocese is held for the Diocese irrespective of the name of the registered owner.” As a result, all purchases and sales of property (eg. vacant land, rectories, other residential housing) must be approved by Diocesan Council.
The Procedure Pursuant to Canon 6 outlines the diocesan approval process that must be followed, along with the formal documentation you need to submit in support of any such request.
Any acquisition (including purchases or receiving property as a donation/gift) or disposition of property must first be discussed with the Area Bishop to obtain their written support. The Executive Director of the Diocese should also be consulted.
All requests to purchase or sell property must be reviewed by both the Executive Board and the Trusts Committee, which each make a recommendation to Diocesan Council.
Parishes may not enter into a binding legal agreement until after Diocesan Council has granted its approval. To ensure this conditionality, all Agreements of Purchase & Sale must include three additional vendor’s conditions that parishes can obtain by contacting the Director of Property Resources.
To avoid any potential conflicts of interest, all real estate professionals (realtors, solicitors etc.) retained by the parish should be at arms-length from the corporation.
Disestablishment of a Parish or Congregation
This must be undertaken in consultation with the Area Bishop and in accordance with Canon 13. Within 90 days of the Declaration of Disestablishment, the Churchwardens are required to complete all church business and deliver specific documents and information to the Diocesan Centre (135 Adelaide St. E., Toronto).
Churchwardens should consult the Church Closing Checklist for help through the disestablishment process.
For more information, please contact David Badian, Director of Property Resources, 416-363-6021 ext. 245 (1-800-668-8932).