Proceedings of the Standing Senate Committee on
Banking, Trade and Commerce

Issue 17 - Evidence - November 6, 2014

OTTAWA, Thursday, November 6, 2014

The Standing Senate Committee on Banking, Trade and Commerce met this day at 10:30 a.m. to study Bill S-1001, An Act to amend the Eastern Synod of the Evangelical Lutheran Church in Canada Act.

[Translation]

Barbara Reynolds, Clerk of the Committee: Honourable senators, I see we have a quorum. As clerk of the committee, it is my duty to inform you of the unavoidable absence of the chair and the deputy chair, and to preside over the election of an acting chair.

[English]

I am ready to receive a motion to that effect.

Senator Black: I nominate Senator Tkachuk, please.

Ms. Reynolds: Thank you. Are there any other nominations?

It was moved by the Honourable Senator Black that the Honourable Senator Tkachuk do take the chair of this committee. Is it your pleasure, honourable senators, to adopt the motion?

Hon. Senators: Agreed.

[Translation]

Ms. Reynolds: I declare the motion carried and invite the honourable Senator Tkachuk to take the chair.

Senator David Tkachuk (Acting Chair) in the chair.

[English]

The Acting Chair: Good morning, honourable senators. Welcome to the Standing Senate Committee on Banking, Trade and Commerce. It's the first meeting today on Bill S-1001, An Act to amend the Eastern Synod of the Evangelical Lutheran Church in Canada Act.

This bill amends the statute governing the corporation known as the Eastern Synod of the Evangelical Lutheran Church in Canada so that it may continue to call regular and special meetings under the act despite certain provisions of the Canada Not-for-profit Corporations Act.

Our witness today is Mr. John Kendall, Solicitor for the Eastern Synod of the Evangelical Lutheran Church in Canada.

Mr. Kendall, I understand that you have a short opening statement.

John J. Kendall, Solicitor, Eastern Synod of the Evangelical Lutheran Church in Canada: Good morning. Thank you very much for allowing me to attend here this morning.

The Eastern Synod of the Evangelical Lutheran Church in Canada was originally incorporated under its prior name in 1885 by a special act of Parliament. It is one of the synods of the Evangelical Lutheran Church in Canada, which is also a creature of a special act of Parliament.

The synod has approximately 190 congregations in Quebec, Ontario, New Brunswick and Nova Scotia, and holds biannual meetings of 400 delegates and has done so for about three decades. One of the prime reasons for holding biannual meetings is the cost both to the delegates and of the synod, otherwise having meetings more frequently.

The new provisions of the Canada Not-for-profit Corporations Act under Part 19, section 294, would make the corporation subject to subsections 160(1) and 168(1), requiring the holding of annual meetings or the holding of annual meetings if so ordered by a court.

The Evangelical Lutheran Church in Canada was specifically exempted from those provisions by section 323 of the act. Both the Eastern Synod and the Evangelical Lutheran Church in Canada under their statutes enjoyed exemption from section 102 of the Canada Corporations Act requiring the holding of annual meetings or of the holding of court-ordered annual meetings.

What the Eastern Synod is seeking is to have a provision, the same provision that is enjoyed by the Evangelical Lutheran Church in Canada and that the synod enjoyed under its previous provisions dealing with the Canada Corporations Act, exempting it from the requirement of having annual meetings or court-ordered annual meetings, and the wording is there in front of you. It's the same wording that was put in section 323 of the act exempting the Evangelical Lutheran Church in Canada.

The Acting Chair: Thank you, Mr. Kendall.

Are there any questions?

Senator Black: I have two quick questions, if I may.

Thank you very much for that presentation. We're talking here about the Eastern Synod. Is there a western synod?

Mr. Kendall: Yes.

Senator Black: Does this problem apply to the western synod as well?

Mr. Kendall: I'm not sure because we don't act for the western synod. I'm not sure about its incorporating statute.

Senator Black: I would have assumed it would be the same.

Mr. Kendall: It could be. I don't know. I apologize. I don't know anything about the western synod.

Senator Black: I'm just thinking from a practical point of view. When we approve this for the Eastern Synod, and I assume this will happen, are we then going to have to deal with the northern synod, the western synod and the southern synod? You don't know.

Mr. Kendall: I don't know. I apologize. I don't represent them. I do not know even how section 323 came about.

Senator Black: Refresh my memory.

Mr. Kendall: That was the exemption for the synod itself — sorry, the Evangelical Lutheran Church in Canada, because we don't act for them.

Senator Black: This application that you're making, does it enjoy the support of your members?

Mr. Kendall: Yes, it does.

Senator Black: Can you give us any support for that position?

Mr. Kendall: It's through the representation I've had through the bishop, Bishop Michael Pryse, they right now hold the biannual meetings and it is definitely supported.

Senator Black: By the membership or by the clergy?

Mr. Kendall: By the membership and the clergy. The delegates are composed of one lay member and one clergy member from each congregation.

Senator Black: Thank you very much.

The Acting Chair: Basically, this maintains the status quo?

Mr. Kendall: Yes.

The Acting Chair: Are there any other questions?

If no other questions, we're going to go to the next item on the agenda, which is clause-by-clause consideration.

Is it agreed that the committee proceed to clause-by-clause consideration of Bill S-1001, An Act to amend the Eastern Synod of the Evangelical Lutheran Church in Canada Act?

Shall the title stand postponed?

Hon. Senators: Agreed.

The Acting Chair: Shall the preamble stand postponed?

Hon. Senators: Agreed.

The Acting Chair: Shall clause 1 carry?

Hon. Senators: Agreed.

The Acting Chair: Carried.

Shall the preamble carry?

Hon. Senators: Agreed.

The Acting Chair: Carried.

Shall the title carry?

Hon. Senators: Carried.

The Acting Chair: Carried.

Does the committee wish to consider appending observations to the report?

Hon. Senators: No.

The Acting Chair: Is it agreed that I report the bill to the Senate?

Hon. Senators: Agreed.

The Acting Chair: Agreed.

Thank you very much. It will be done this afternoon.

(The committee adjourned.)