Parishes sometimes choose to License excess capacity of church parking spaces to outside users; for example, these may include individuals, third-party operators, and organizations for uses such as employee parking. As per Trusts Committee directive, only passenger vehicles are permitted; commercial vehicles such as buses, trucks, vans and limousines are prohibited as they represent a different risk-profile and are at greater risk of causing property damage and/or personal injury.
In deciding whether to rent parking spaces, parishes should contemplate what, if any, operational challenges this may pose to their own access and use (i.e. maintenance & snowclearing, staff parking, parking for funerals and/or other parish events, some of which may arise on short notice).
As with all other License Agreements, parking rentals must be approved by Diocesan Council prior to execution by the parish and access to the property by the Licensee. Also, for any new agreements, a letter of support from the Area Bishop must be obtained first. Parishes must contract using the appropriate form of parking License Agreement as required by Diocesan Council (available for download below). Organizations that rent parking space must also provide proof of current insurance in accordance with Trusts Committee requirements which are as follows:
Less than 20 spaces:
- License Agreement – Parking (Individual end-user)
– Proof of individual insurance not required.
- License Agreement – Parking (Organization)
– Licensee (ie. company or municipality) is required to provide proof of Commercial General Liability (CGL) insurance of not less than $5 million per occurrence naming both the Incumbent and Churchwardens of the parish and the Incorporated Synod of the Diocese of Toronto as additional insureds.
For 20 or more spaces:
As per the Diocesan/parish insurer, parking rentals of 20 or more spaces represent an increased risk exposure; in those cases, in addition to the above requirements, the parish must also notify their insurance broker Aon Reed Stenhouse Inc. to obtain risk-mitigation advice.
As charitable organizations, parishes must ensure that these rentals are considered related businesses. Namely that the parking spaces are excess capacity in that they are not required full-time by the parish or are space that is no longer required by the parish but which, due to its location, cannot be readily disposed of. To help ensure compliance, the Canada Revenue Agency (“CRA”) provides the following reference document: Policy Statement CPS-019 “What is a Related Business?”. Questions in this regard are best directed to CRA, the parish accountant, or parish solicitor.