REAL ESTATE (2016)

Transcription

1 David Badian Property Support Manager ext. 245 REAL ESTATE (2016)

2 Legal Framework Religious Organizations Lands Act (Ontario) R.S.O. (1990) c. R.23 Anglican Church of Canada Act (Ontario) S.O. (1979) c.46 The Church Temporalities Act, given Royal Assent on December 3, 1841, and as later enacted pursuant to An Act respecting Churchwardens in the Diocese of Toronto. The Constitution & Canons (ie. by-laws )

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4 Anglican Church of Canada Act (Ontario) S.O.(1979) c (2) The parson or other incumbent of the church for the time being and the churchwardens thereof shall, for the purposes of The Religious Organizations Lands Act, 1979 be deemed to be trustees within the meaning thereof. 2.-(1) Land shall not be sold or leased, mortgaged or otherwise encumbered under the powers conferred by The Religious Organizations Lands Act, 1979 except with the consent of the vestry of the church or congregation interested therein and of the bishop of the diocese and the executive committee of the synod of the diocese, and the consent of the vestry given in accordance with the rules and canons of the church shall be deemed to be the consent of the congregation.

5 Canon 6 The following ALL require permission from Diocesan Council: Purchases & Sales Building or Structural Alterations (requiring a Building Permit) Mortgages &/or encumbrances Loans/financial obligations ( not expected to be liquidated within one (1) year ) License Agreements Lease Agreements (both Residential & Commercial)

6 Procedure Pursuant to Canon 6 Executive Board (Canon 3) & Trusts Committee (Canon 5) each make a recommendation to Diocesan Council (Canon 2) (monthly meetings) Licenses, Leases, Purchases, Sales, Loans: Area Bishop support (s.1: Consultation ) Vestry support (s. 2; please see templates) Materials to be sent to the Secretary of Synod (s. 5) Building OR Structural Alterations (s. 5.3): Project Review Committee ( PRC ) due diligence report to Executive Board Two-phased approval ( in principle & final approval ) For significant capital improvement projects requiring Building Permits.

7 Vestry Motions Two (2) Templates i. That Vestry authorizes the Churchwardens to proceed with the {insert the project name or descriptor}, in accordance with Canon 6, at a total estimated cost not to exceed ${insert the total estimated cost including an appropriate contingency} to be funded through a combination of {outline all of the sources of funding, including specific amounts, that equal the total estimated cost}. ii. That Vestry authorizes the Churchwardens to take out a {insert the type of facility ie. loan, line of credit etc.} with {insert the name of the institutional lender ie. CIBC, TD, BMO etc.}, in the principal amount of $ for a term of at an interest rate of %.

8 Facility Rentals: License/Lease Do not modify the clauses or execute (ie. sign); Fill-in Obtain Certificate of Insurance from Licensee or Lessee (risk assessment - $2m or $5m?); Tenant s package $2m for liability, plus personal contents. All Sport coverage is available for purchase from Marsh Cda Ltd. Submit: (i) unsigned License/Lease Agreement, plus (ii) Certificate of Insurance, & (iii) Written support from the Bishop Renewals must be re-approved; diarize expiry dates. Implications re: Director s & Officer s (D&O) insurance

9 Purchase & Sale Obtain current Plan of Survey & confirm Title (ie. Parish or Diocese; determines signatories) Three (3) mandatory Vendor clauses (ie. As is, Where Is ) Must retain arms-length professionals Sale proceeds always payable to The Incorporated Synod of the Diocese of Toronto Rectory proceeds must be deposited to a parish Rectory Fund in the CTF (either Rectory or Fund) Surplus property 50% to MAF & 50% to parish as per the Capital Redeployment Policy.

10 Maintenance/Inspections/Greening Rectory inspection: every 5 yrs; professional, home inspector; annually by Churchwardens or upon vacancy Church inspection: every10 yrs; professional, commercial building inspector (see schedule by Deanery; 2016: Tecumseth & Scarborough) Parish Property Maintenance Checklist Greening: solar thermal, photo voltaic, wind systems legal, structural, tax, insurance, repair etc. status ( Accessibility for Ontarians with Disabilities Act (Ontario) S.O. (2005) c.11.

11 Cemeteries Canon 6 applies [see also Canon 15(6) re: Trustees] Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c.33 Care & Maintenance Trust Fund - CTF Bereavement Authority of Ontario ( BAO ) - new DAA / Columbaria Policy & Parish Leaders Manual ( PLM )

12 Resources Parish Leaders Manual ( PLM ) Ecclesiastical LegalConnex Service ( ) Landlord & Tenant Board ( Marsh Canada Ltd. ( ) Canada Revenue Agency ( CRA ) The Legal Guide for Canadian Churches, Blaikie & Ginn - Novalis 2006 ( Religious Institutions and the Law in Canada, 2 nd ed., M.H. Ogilvie Irwin Law Inc. When Not to Build Bowman & Hall - Baker 2003 Canadian Council of Christian Charities (