Laws and the Church

  1. List nine (9) laws, or as many as possible if less than nine, concerning clergy that you have found by searching your nearest municipality laws. By municipality, we mean on the village or town level. If there are none, then tell us how you found that out.

  • Land Use By-Law - Halifax Regional Municipality

    • event signs - unlighted signs of up to three square metres (3m2) in size displayed on private property and limited to one per each premise, announcing a campaign, drive or event of a political, civic, philanthropic, Halifax Mainland Land Use By-law Page 21 educational or religious nature, not to be erected more than thirty (30) days before the event and to be removed not more than two (2) days after the event;

    • "Community Facility" means a building or site owned by a government agency or non-profit organization or religious institution or philanthropic institution and used as a meeting place for entertainment or education or social activities by the general public on a regular or occasional basis and includes a church hall or a public hall. A community facility may also include, in combination with offices or facilities of a Halifax Mainland Land Use By-law Page 4 non-profit organization, a store for the sale or provision of donated merchandise. (CC-Sep 11/06; E-Oct 2/06)

    • “Day Care Facility” means a building, part of a building or other place, whether known as a day nursery, nursery school, kindergarten, playschool or by any other name (and known as a ‘child care centre’ in the Municipal Planning Strategy), Halifax Mainland Land Use By-law Page 5 with or without stated educational purpose, the operator of which for compensation or otherwise, receives for temporary care or custody, on a daily or hourly basis, during all or part of the day, apart from parents, seven (7) or more children not of common parentage, or nine (9) or more children not of common parentage who are all school-aged up to and including twelve (12) years of age; but does not include a place such as a hospital or a school, does not include organized religious or recreational activities and does not include a nursery school or kindergarten conducted as part of a school, college, academy or other educational institution where instruction is given in Grades Primary to VII. (RCMar 3/09; E-Mar 21/09)

  • BY-LAW NUMBER O-109 Respecting Open Air Burning

    • Fires for religious or ceremonial purposes are allowed in the Permit Required Zone, between March 15th and October 15th and shall require a burning permit, subject to any terms and conditions imposed by the Fire Chief.

  • BY-LAW NUMBER N-200 RESPECTING NOISE

    • Prescribed Exemptions 4. (1) Notwithstanding any other provisions of this By-law, it shall be lawful to emit or cause or permit the emission of sound in connection with emergency measures taken (a) for the immediate health, safety or welfare of the inhabitants or any of them; (b) for the preservation or restoration of a property unless such sound is clearly of longer duration or more disturbing than is reasonably necessary for the accomplishment of such emergency purposes. (2) Notwithstanding any other provisions of this By-law, this By-law shall not apply to (a) the days listed in Schedule “B”, the emission of sound in connection with any of the traditional, festive, religious or other activities listed therein; or

  • BY-LAW NUMBER S-801 LICENSING OF TEMPORARY SIGNS

    • Definitions 2 In this By-law, (a) “Appeals Committee” means the Committee as established by By-law A-100, the Appeals Committee By-law; (b) “Banner” means a non-rigid temporary sign made of cloth, canvas, plastic or other lightweight non-rigid material that is used or functions as a sign; (c) “Box Sign” means a sign that has a wooden box-shaped base with an enclosed weighted system, a double-sided sign and a decorative header above the sign face; (d) “Business Site” means a group of businesses which share common site services such as parking and access; (e) “Candidate” means a candidate under the Municipal Elections Act, R.S.N.S., 1989, c.300, as amended; Elections Act, S.N.S, 2011 c. 5, as amended; Canada Elections Act, 2000 S.C., c. 9, as amended; (f) “Community Event” means any of the following: (i) not for profit events, (ii) public information meetings, (iii) festivals, (iv) performances, (v) sports activities, (vi) religious events, or (vii) cultural events;

2. If there is a body of laws between the municipality laws and the state/provincial laws where you live, list nine (9) laws, or as many as possible if less than nine, concerning the clergy, that you have found by searching this area.

  • Religious Congregations and Societies Act

    • Constitution of congregation

      2 (1) Where any number of persons not less than twenty, capable of contracting, desire to form themselves into a congregation of Christians for the public worship of God according to their peculiar rites and ceremonies, they may, by deed them executed in the presence of two or more witnesses,

      (a) constitute themselves such congregation;

      (b) adopt a suitable name, therefore;

      (c) declare the place where the same is established; and

      (d) declare the particular denomination of Christians with whose doctrines such congregation is connected.

    • Restriction of name

      (2) The name adopted pursuant to subsection (1) shall not be the same as the name adopted or used by another congregation or by a religious organization or body.

    • Trustees and other particulars

      (3) They may also by such deed

      (a) name two or more persons of the congregation to be trustees thereof, and give them a name of office;

      (b) describe by bounds any land conveyed to or in trust for the congregation for any purpose connected with the congregation; and

      (c) set forth the constitution of the congregation, the mode of admission of future members, by whom the right of voting at meetings shall be enjoyed, how the votes shall be ascertained and given, the manner in which vacancies in the trust shall be supplied and such other particulars as they think proper.

    • Meetings

      6 (1) The members of every such congregation may

      (a) meet when they think proper;

      (b) at any such meeting by the votes of the majority of the members present, make and put in execution such regulations, not being contrary to the laws of this Province or to any rule or regulation embodied in the deed under which the congregation or society is constituted, as the majority deems necessary for the government of the congregation;

      (c) change such regulations as they think proper.

    • Constitution of congregation

      12 (1) Any religious society or congregation not incorporated or constituted by deed under this Act may, at any meeting of the congregation held in pursuance of a notice stating the object of such meeting and given at its usual place of holding public worship either by verbal announcement during divine service to the congregation or by posting the same on the door of such place of worship for three Sundays preceding such meeting,

      (a) proceed to appoint a chairman and secretary; and

      (b) upon the vote of two-thirds of the members of the congregation, and of adherents actually contributing to the funds thereof above nineteen years of age actually present, proceed to the adoption of a declaration by resolution or otherwise to the effect that they constitute themselves a religious congregation or society.

    • Constitution and by-laws and officers

      (2) Such society or congregation, at any such meeting or any subsequent meeting called in the same manner, may by a majority of votes adopt such permanent constitution and by-laws not inconsistent with the laws of this Province as it considers necessary, and may appoint trustees and such other office-bearers as it sees fit, and define their powers and duties, and may regulate the terms of membership in the society or congregation.

    • Vesting of property

      (3) The real and personal property of the society or congregation are vested in such persons as are duly appointed trustees thereof by resolution of any such meeting, during their continuance in office, and any such resolution shall be recorded in a book to be kept for that purpose.

    • Powers of officers and trustees

      (4) The officers and trustees appointed from time to time by any such congregation or society are invested with all such powers for the holding and transfer of the property and management of the business of the congregation or society as are conferred upon them by the constitution and by-laws so adopted.

    • Transactions of business

      (5) Any business of the society or congregation not so entrusted to the officers or trustees shall be transacted by the vote of a majority of the members present at any such duly assembled meeting. R.S., c. 395, s. 12.

3. List nine (9) laws concerning clergy that you have found by searching your national laws.

4. How do laws of your nation, state, or local area respond to Paganism and Neo-Pagan clergy? Are there laws that prohibit certain functions our clergy usually serve (such as divination, counselling, or conducting marriages or funerals)? Does your country implicitly or explicitly state that Neo-Pagans cannot have clergy, or that they cannot perform certain functions or receive similar rights as those from other religions?

  • Under the Criminal Code of Canada, the following laws affect the clergy: (Criminal Code, Government of Canada)

    • (R.S.C., 1985, c. C-46, s. 172) Section 176 – Obstructing or violence to or arrest of the officiating clergyman. This law makes it an offence to unlawfully obstruct a member of the clergy from the performance of his duties with regard to his calling, and similarly, impede said the person who is on their way to or from performing those duties. It is also an offence to wilfully disturb a group of persons gathered for worship, social or benevolent purposes.

    • (R.S.C., c. C-46, s. 323) Section 365 – Pretending to practice witchcraft, etc.

This law makes it an offence to “fraudulently” pretend to use any type of witchcraft, or perform fortune-telling for money.

  • Under the Canadian Charter of Rights and freedoms, the following are found: (Constitution Acts, Justice Law Website)

    • Part I – paragraph 2 (a), Fundamental Freedoms. “freedom of conscience and religion;”

      This act guarantees the right of every citizen to be free of persecution based on religion and to follow religion in their own way. 

    • Part I – paragraph 15 (1), Equality rights, states; “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.”

While many courts argue as to the merit or limits of the “Confession” rules of confidentiality, I believe that this law would grant grounds for it to apply to any religion if it applies to one.

  • Under the Canada Revenue Agency (Taxes) (Canadian Revenue Agency, Government of Canada)

    • This law defines the ability of the Clergy to claim as part of their taxes a “residence deduction”

(IT141R-Consolid Archived – Clergy residence Deduction)

5. Looking at those laws listed in questions 1 - 4 and how they affect you, are there any specific laws that seem out of place, unfair, or unjust? What is the avenue for change to these laws, and do you see a change to these particular laws as necessary?

The laws listed above are all simple enough to follow and none should interfere with a pagan path versus any other path of religious ideals. They will help guide our practice on the right path and make sure everything is fair and equal to anyone and everyone involved.

6. How do you see these laws affecting how you serve your Grove, ADF, or the community?

The Laws described above can only help guide the community in the correct direction by being as fair as possible for all those involved.

7. What is the difference between pastoral counselling and other kinds of counselling, and does the law differentiate between these types? What sort of license do you require in your state in order to perform counselling of any type? Does divination fall into this sort of counselling?

Nova Scotia has a board that licenses professional counsellors. Only a licensed professional counsellor can do counselling that has to do with psychiatry or medicine.

This includes people who are known to be religious leaders, but the law does not define what spiritual counselling is and doesn't say anything about other kinds of counselling. Professional counselling is regulated in Nova Scotia, so it doesn't matter if I am recognized or not. I will have to be careful to only offer religious and spiritual counselling and to refer people to the right medical professionals if they need counselling outside of the spiritual realm.

There is nothing about divination in the Nova Scotia Law. Of the lack of evidence to the contrary, it seems that spiritual counselling can include divination. At least, no one has sued to say that spiritual counselling shouldn't include divination.

Since this isn't part of my own practice, it shouldn't have much or any effect on my path.

8. Describe the mandatory reporting laws in your area and how they affect you as a clergyperson. Explain the process you would go through to file a report if it were necessary.

(1990, c. 5, s. 24; 1996, c. 10, s. 3.) Under, the Children and Family Services Act – Chapter 5 of the Acts of 1990.  (Children and Family Services Act, Nova Scotia legislature) Section 24 – Duty of professionals and officials to report.  This section makes it law that clergy report any suspected occurrences of abuse of a child to an agency for investigation. 

Optional questions:

9. What are the rules regarding outside worship for any local military base, and what happens if a soldier on that base wants access to a priest who is not in the military or not a military chaplain? If there are no local military bases, what are the general rules?

  • The Canadian Military Clergy are subject to four main articles for conduct. They are the Military Code of Service Discipline, The Queen’s Regulations and Orders, the Canadian Forces Chaplain branch manual and the Interfaith Committee on Canadian Military Chaplaincy.  Personnel within the military that are not clergy are governed by the first two.  

    • In the Queen’s regulations and Orders, Article 33.04 – Mandate to provide Chaplain Services, Paragraph two states that the Chaplain general may grant a mandate to a person not currently in the military to provide chaplain services to military personnel and their families as long as that person is authorized to practice professional ministry by that faith group or is a recognized spiritual leader by that faith group in accordance with its practices.

    • In general, in the Canadian Armed Forces (CAF) there are no regulations regarding access to outside (off-base) worship.  Members of the CAF are free to seek, attend or utilize services and spiritual worship within their communities.  The only regulation that would come into play is the Canadian Secrets Act, which outlines that CAF members need to be aware of safeguarding sensitive information.  Within my time in the forces, I have conversed and operated with several members of the clergy both military and civilian including answering questions posed by military Christian Priests on how best to serve their Druid members.

10. What are the regulations and options for prison ministry in your county and state?

Via telecon, (Mr. John Scoville, Correctional Services) to service the religious needs of prisoners, clergy in Nova Scotia must apply to either the prison facilities’ full-time chaplain (for the larger facilities), or to the Deputy Superintendent of the facility (for smaller facilities)

The regulations that apply to Prison Ministry are:

Under the Corrections and Conditional Release Act 

(S.C. 1992, c. 20, s. 75) This statute states, that prisoners are entitled to participate and express religion if it does not contravene any regulations of incarceration. 

Works Cited:

“Religious Congregations and Societies Act”. Nova Scotia Provincial Government,

Web. https://nslegislature.ca/sites/default/files/legc/statutes/religcon.htm

“Land use by-laws”. Halifax Regional Municipality, Nova Scotia

Web. https://www.halifax.ca/sites/default/files/documents/business/planning-development/applications/HalifaxMainland_LUB.pdf

“Children and Family Services act” Nova Scotia Provincial Government,

Web.https://nslegislature.ca/sites/default/files/legc/statutes/children%20and%20family%20services.pdf