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, non-profit organization, religious institution, or philanthropic institution and used as a meeting place for entertainment ed, 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. They 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 and 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 whose doctrines, such as congregation, are connected.

      • Restriction of name

      • (2) The name adopted under subsection (1) shall not be the same as that adopted or used by another congregation or 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 chairperson and secretary, and

      • (b) upon the vote of two-thirds of the congregation members and adherents contributing to the funds above nineteen years of age present, please 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 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 prohibiting 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 clergy member from performing his duties about his calling and, similarly, impede said person 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 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?

    Based on the laws listed in questions 1-4, a few may feel out of place, unfair, or unjust depending on one's perspective or specific circumstances. Here are a few considerations:

    1. Mandatory Reporting of Child Abuse by Clergy (Children and Family Services Act, Section 24)

      • Potential concern: The mandatory reporting requirement for clergy members can be complex because it may conflict with the concept of confidentiality in religious settings, particularly during confession or spiritual counselling. For clergy, this could create a dilemma between the duty to report suspected abuse and their responsibility to maintain confidentiality.

      • Avenue for change: The law could be amended to provide more explicit guidelines on situations involving religious confidentiality, ensuring clergy know when and how to balance reporting obligations with their role in providing spiritual guidance. A potential avenue for change could be legislative amendments or a special provision protecting the confidentiality of spiritual confessions while still ensuring that children are protected.

      • Is change necessary? Some might argue that the law is important in protecting children, and the balance between confidentiality and safety should be emphasized. However, more precise guidelines on the clergy's specific role in this context might be helpful.

    2. Section 365 of the Criminal Code – Pretending to Practice Witchcraft

      • Potential concern: This law makes it an offence to "fraudulently" pretend to practice witchcraft or perform fortune-telling for money. This law could be seen as outdated or potentially discriminatory, particularly for clergy within Neo-Pagan, Wiccan, or other alternative religious traditions who may practice divination or similar rituals as part of their spiritual duties. The law may inadvertently undermine or criminalize religious practices.

      • Avenue for change: A possible avenue for change would be to either repeal or amend the law to ensure that it does not interfere with the freedom of religion, particularly for those practicing spiritual traditions such as Neo-Paganism, Wicca, or others that include practices like divination, astrology, or tarot readings.

      • Is change necessary? Yes, mainly to ensure that no religious practices are unfairly criminalized. The law should be more clearly defined to distinguish between fraud (intentional deception for monetary gain) and legitimate religious practice.

    3. Obstruction of Clergy in Performing Religious Duties (Criminal Code, Section 176)

      • Potential concern: This law ensures that clergy members are protected from obstruction while performing their religious duties. However, it could be seen as overly broad, particularly when it applies to situations where public members may object to certain religious practices or ceremonies.

      • Avenue for change: In cases where this law might limit the expression of dissent or freedom of speech against religious actions, there might be room for re-examining how the law is enforced. Religious freedom should be protected, but public expression of differing beliefs should also be respected.

      • Is change necessary? No, but the law should be applied carefully to ensure that it does not infringe on freedom of speech or the right to peacefully protest or disagree with a religious ceremony.

    4. Solemnization of Marriage Act – Registration of Clergy (Solemnization of Marriage Act)

      • Potential concern: While this law ensures that only properly registered clergy can solemnize marriages, it could present a challenge for clergy from non-traditional religious organizations or smaller, independent religious groups, who may find it difficult to meet the registration requirements.

      • Avenue for change: The law could be amended to make the registration process more inclusive and accessible or to recognize a broader range of religious leaders for solemnizing marriages.

      • Is change necessary? While the law is designed to prevent unqualified individuals from performing marriages, it may be worth considering more flexibility in how clergy can be registered or how non-traditional clergy can prove their eligibility to perform marriages.

    5. Exemptions to Noise Laws for Religious Events (Noise By-law, Halifax)

      • Potential concern: The exemption for noise laws during religious events could be problematic if it leads to excessive noise in residential neighbourhoods during early mornings, late evenings, or holidays. This could lead to tensions between religious groups and non-religious residents, who might find the noise disturbing.

      • Avenue for change: It might be useful to implement more specific guidelines about noise levels during religious events, balancing the need for religious expression with respect for neighbourhood peace.

      • Is change necessary? A review of the exemptions might be beneficial to ensure that noise during religious events is reasonable and does not excessively disrupt the community.

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

    The laws discussed above can have both direct and indirect effects on how a clergy member serves their Grove, ADF (Ár nDraíocht Féin, a Druid fellowship), or the broader community, mainly if the clergy is involved in Neo-Pagan practices, spiritual counselling, or leading rituals. Here is a breakdown of how these laws might impact the way one serves their community:

    1. Mandatory Reporting of Child Abuse (Children and Family Services Act)

    • Impact: As a clergy member, this law would likely affect how you approach situations where you may encounter children in your community or Grove. If a child reveals any form of abuse during counselling, spiritual guidance, or a ritual, you are legally obligated to report it. While this is crucial for child protection, it could create a moral dilemma if you can also offer spiritual guidance or counsel in confidence.

    • Serving the Community: Ensuring that Grove or community members understand that clergy have a duty to report could help foster a more transparent and safe environment. You may also need to navigate the challenge of balancing confidentiality with legal obligations, particularly in a spiritual context where privacy is typically respected.

    2. Pretending to Practice Witchcraft (Criminal Code Section 365)

    • Impact: This law could create tension if practices like divination (e.g., tarot readings, astrology) are part of your offerings as a clergy member. While you may genuinely practice these arts as part of your religious tradition, this law could be viewed as an obstacle if there is any confusion around the intent of your practices. If someone accuses you of fraudulently pretending to practice, it could create legal difficulties.

    • Serving the Community: Clear communication about the religious context of practices like divination can help prevent misunderstandings. It would be important to ensure that members of your Grove or ADF understand that these practices are part of a legitimate spiritual tradition and not a form of fraudulent activity. Educating the wider community on religious freedom and dispelling misconceptions can also foster a respectful relationship.

    3. Obstruction of Clergy in Performing Religious Duties (Criminal Code Section 176)

    • Impact: This law protects clergy from interference while performing their duties. While it ensures that religious ceremonies, such as rituals or public gatherings, are protected, it could be problematic if it restricts others' rights to peacefully protest or voice objections to certain practices.

    • Serving the Community: This law provides some security in carrying out public rituals and ceremonies, especially in the face of opposition. However, it is important to maintain respect for diverse beliefs and ensure that any dissenting opinions or protests are handled with respect for free speech. By creating an open, inclusive, and welcoming environment, the Grove can minimize the need for legal intervention.

    4. Solemnization of Marriage Act (Registration of Clergy)

    • Impact: The registration requirements under the Solemnization of Marriage Act would affect your ability to perform weddings legally. You must meet specific registration criteria if you wish to officiate a wedding within your Grove or community. This might be a challenge for smaller, independent religious organizations that do not have the resources or structure of larger institutions.

    • Serving the Community: If members of your Grove or ADF wish to marry, you must ensure that you are registered to perform weddings in accordance with the law. This may require educating members on the legal process for solemnizing marriages and, in some cases, assisting them in navigating the legal aspects of the ceremony. Consider advocating for more inclusive policies that recognize smaller, alternative religious groups and allow for greater flexibility in marriage registration.

    5. Exemptions to Noise Laws for Religious Events (Noise By-law, Halifax)

    • Impact: If your Grove holds regular gatherings or rituals that involve drumming, chanting, or other activities that might exceed typical noise levels, the noise by-law exemption can be beneficial. However, this could also lead to conflict with neighbours if the noise becomes disruptive or happens at inconvenient times (e.g., late at night or early in the morning).

    • Serving the Community: While the exemption allows for some flexibility in rituals, it is important to be mindful of the surrounding community. Being proactive in communicating with neighbours, considering the timing of events, and respecting noise levels can help ensure that the Grove's activities do not disturb others. Fostering a good relationship with neighbours and working to minimize noise impact can ensure smooth, uninterrupted religious practice.

    General Considerations:

    • Religious Freedom and Inclusivity: As a clergy member within a Neo-Pagan or Druidic tradition, it is important to know how the laws interact with your religious practices. Some laws protect your right to practice your faith, but others may unintentionally restrict or hinder certain activities, such as divination or officiating weddings. Staying informed about these laws and advocating for your rights when necessary will ensure you can continue serving your community effectively.

    • Education and Awareness: Keeping your community informed about their rights and responsibilities within the legal framework is important. For example, ensuring members understand the limitations around what clergy can legally do (e.g., officiating weddings) and how certain practices (such as divination) may be perceived can help reduce misunderstandings or legal challenges.

    • Building Trust and Respect: Navigating these legal considerations successfully will require building trust within your Grove and with the broader community. Open communication about the intersection of law and religious practice, along with a commitment to mutual respect, will help ensure that your religious duties and the rights of others are upheld.

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

    Pastoral counselling is a type of counselling that combines psychological principles with spiritual guidance. It is typically offered by clergy members or trained spiritual counsellors. It aims to address individuals' emotional and mental well-being while integrating their faith and spiritual beliefs into the process. The main difference between pastoral counselling and other forms of counselling is its focus on spiritual or religious aspects. In contrast, other forms, like psychological or therapeutic counselling, may focus more on mental health, emotional well-being, or behavioural issues without emphasizing spirituality.

    Key Differences Between Pastoral Counseling and Other Types:

    1. Spiritual Integration: Pastoral counselling integrates the client's faith and spirituality. It tends to focus on spiritual growth, faith crises, or relationship issues from a faith-based perspective. Other types of counselling, such as psychological or marriage therapy, may focus on mental health and well-being without a spiritual component.

    2. Counsellor's Role: In pastoral counselling, the counsellor is often a religious leader or someone with a strong background in theology, whereas other counsellors are trained mental health professionals (e.g., psychologists, therapists, or social workers).

    3. Theoretical Foundations: Pastoral counselling is typically rooted in a specific religious tradition or worldview (e.g., Christianity), whereas other forms of counselling may be based on various psychological theories (e.g., cognitive-behavioural therapy, psychodynamic therapy, etc.).

    Legal Considerations in Nova Scotia, Canada:

    In Canada, including Nova Scotia, counselling typically falls under various regulations depending on the specific profession (e.g., psychology, social work, or marriage therapy). Pastoral counselling is generally seen as a spiritual or religious service, rather than a licensed, regulated mental health service. However, suppose a pastoral counsellor is providing therapy and addressing mental health issues (e.g., anxiety, depression). In that case, they may need to adhere to the professional standards of licensed therapists and mental health professionals.

    1. Licensing for Counseling in Nova Scotia:

      • Psychologists must be registered with the Nova Scotia Board of Examiners in Psychology. This requires a graduate degree in psychology, completion of supervised practice, and passing an exam.

      • Social Workers require registration with the Nova Scotia College of Social Workers (NSCSW). To become a licensed social worker, you typically need a Bachelor's or Master's degree in Social Work (BSW/MSW).

      • Depending on their training, marriage and Family Therapists (MFTs) may also need to register with a professional body.

      • Pastoral Counselors who do not provide mental health therapy typically do not need a professional license. However, suppose they provide psychological services (such as counselling for mental health). In that case, they may need to meet the qualifications of a licensed mental health professional (like a social worker or psychologist).

    2. Divination and Counseling: Divination (e.g., tarot reading, astrology, or other forms of fortune-telling) is generally not considered a form of counselling in the traditional mental health sense. It may be viewed more as a spiritual or entertainment service than a professional mental health service. Therefore, psychological or pastoral counselling would not typically fall under the same licensing or regulatory requirements.

    3. However, if someone uses divination practices in conjunction with counselling (e.g., claiming to heal or guide people through spiritual means that involve divination), the line could blur. It may be subject to regulation if seen as offering mental health services. It would depend on the specific context and whether mental health issues are being addressed.

    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 necessary.

    In Nova Scotia, mandatory reporting laws require that certain professionals, including clergy members, report suspected child abuse to the appropriate authorities. These laws are outlined under Section 24 of the Children and Family Services Act, which was established in 1990 and amended in 1996. The law is designed to protect children by ensuring that individuals who may have knowledge of abuse are required by law to inform the authorities, enabling an investigation to take place.

    Mandatory Reporting Laws:

    Under the Children and Family Services Act, Section 24, professionals and officials, including clergypersons, have a legal duty to report suspected child abuse. This law mandates explicitly that if someone working in a position of trust (like a teacher, social worker, or clergyperson) has reasonable grounds to suspect that a child is being abused or neglected, they must report it to Nova Scotia's Department of Community Services (DCS) or another relevant agency.

    How This Affects Clergy Members:

    As a clergyperson in Nova Scotia, the mandatory reporting law means that you are legally required to report any reasonable suspicion of child abuse. This includes any form of physical, emotional, or sexual abuse, as well as neglect. The law applies even if the suspicion arises during religious counselling or other confidential settings unless the information is protected explicitly by priest-penitent privilege.

    The priest-penitent privilege in Canada typically protects information shared in the context of confession or confidential religious counselling. However, in cases where abuse is suspected or revealed, the safety of the child takes precedence, and clergy members may be required to break confidentiality in order to report the suspicion. This can be a challenging ethical dilemma for clergy, but the law generally emphasizes the need to protect children from harm.

    Process for Reporting:

    If you, as a clergyperson, suspect that a child is being abused, the steps to report are as follows:

    1. Determine Reasonable Suspicion:

      • The law does not require that you have proof of abuse, just a reasonable suspicion based on observations, disclosures from the child or others, or information that suggests abuse might be occurring.

      • If you are uncertain whether the situation meets the threshold for reporting, it is always better to err on the side of caution and report.

    2. Contact the Appropriate Authority:

      • Contact the local child protection services or the Department of Community Services (DCS). In Nova Scotia, the DCS's Child Protection Services unit is responsible for investigating child abuse and neglect.

      • If the child is in immediate danger, you may also contact 911 or the local police.

    3. File the Report:

      • You can file a report with Child Protection Services by phone or in writing. The information you will need to provide includes:

        • The child's identity (if known),

        • Details about the suspected abuse or neglect,

        • Any supporting observations or information that led you to make the report.

      • It is important to note that the report must be made immediately when you have reasonable grounds to suspect abuse. The law does not allow for delays in reporting.

    4. Cooperation with Investigation:

      • After making a report, you may be required to cooperate with authorities if an investigation is launched. This may include providing further details, answering questions, or helping the agency with the investigation as needed.

      • Confidentiality should still be maintained where possible. However, you may be called upon to share information about the child's safety.

    5. Follow-Up:

      • While clergy members do not typically handle the investigation themselves, you may follow up with the agency or authorities to ensure the child's safety. You may also be informed of the outcome of the investigation (within limits).

    Consequences of Failing to Report:

    Failure to report suspected child abuse under the Children and Family Services Act can have serious consequences. It may lead to legal repercussions, including fines or imprisonment. Moreover, failure to report may also undermine efforts to protect children from harm.

    Ethical Considerations:

    This can be ethically complex as a clergyperson because it may conflict with the sacred confidentiality you are obligated to maintain within a religious context. However, the law generally prioritizes child safety above confidentiality in cases of suspected abuse. If faced with such a situation, balancing the legal duty to report with the responsibility to protect and care for the individual involved is crucial.

    In Summary:

    In Nova Scotia, clergy members are legally required to report any reasonable suspicion of child abuse to Child Protection Services or appropriate authorities, as outlined in Section 24 of the Children and Family Services Act. The process involves immediately contacting the relevant authorities, filing a report, and cooperating with the investigation. Failure to report can result in legal consequences. While there are exceptions (like priest-penitent privilege in certain situations), the safety of the child is the paramount concern under the law.

    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 of 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 who 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 by 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 must 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 more extensive facilities) or the Deputy Superintendent of the facility (for smaller facilities)

The regulations that apply to the 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