The following information is taken from the United Church of Canada Manual, as well as the Guide for Board and Committee Members of Congregations in the United Church of Canada
Each church within the Pastoral Charge has its own Trustee Board. All property, whether real or personal, that is held in trust or acquired for the use of a congregation shall be held and administered by Trustees, who are appointed by or on behalf of the congregation, upon trusts that are set forth in the Trusts of Model Deed. (See Appendix 2 of the United Church Manual.)
The responsibilities of Trustees, their manner of appointment, the extent and limits of their powers, and the procedures they are required to follow, are all set out in Sections 111 to 117 of The Manual, and in the Trusts of Model Deed as indicated above.
Trustees have 2 major areas of responsibility:
1. the administration of trust funds which have been given or established for
the use of the congregation,
2. the administration of the property of the congregation.
The trustees are the persons whose names appear on the Title Deeds in the Land
Titles Office, or they are their successors. As a trustee, you should be very
familiar with the terms as set forth in the ttle deeds, and also with any special
provisions in trust deeds, such as reversionary rights to lands, buildings or
funds should they cease to be used for the purposes for which they were established.
The Trusts of Model Deed can be summarized as follows:
The Trustees shall hold the property of the congregation upon the following
trusts:
· To hold the property in trust for the use of the congregation, and
for the purposes approved by the Session and/or the congregation, and for the
support and maintenance of public worship.
· To erect and repair buildings.
· To keep the property in good condition for use by the congregation.
This includes keeping the church lawn cut, planting flowers and shrubs, re-painting
outside or inside when buildings need it, making sure the sanctuary and other
parts of the building are tidy and clean, being responsible for scheduling the
use of rooms, etc.
· To obey all lawful orders and directions from the Official Board and/or
the congregation with respect to all trust property.
· To permit the use of church buildings for church, manse and Sunday
School purposes, with the approval of Session.
· To let pews, burial plots or to let the manse.
· To sell, mortgage, exchange or lease the trust property, but only with
the written consent of the Presbytery, and in accordance with the provision
set down in the Manual for such purposes.
· To keep proper accounts and records of all meetings and actions.
· To give seven days’ notice of all special meetings.
· There must be at least 3 trustees and not more than 15.
If the congregation has substantial trust funds, it may be necessary for the Trustees to establish an Investment Committee composed of persons having knowledge of the investment market. Such a committee would do the routine administration of trust investments, and make recommendations to the Trustee Board regarding any major changes in investments or policies.
The Trustee Board should be represented on the Official Board.
While no term of office for Trustees is suggested in the Manual, it is desirable that they be long-term appointments. Many congregations appoint their Trustees for life. Others appoint them for a 5 or 10-year term. Such appointments are desirable because of the legalities associated with title deeds, and the long-term nature of property matters.
Since mortgages on church property are the responsibility of the Trustee Board, it follows that the Trustees should receive funds from the congregation for the payment of both principal and interest. Plans for the retirement of church or manse mortgages should also be made and submitted to the congregation for approval and implementation.
Should the congregation cease to exist as an organized body, the Trustees shall notify the Presbytery and shall make such arrangements for the disposition of the property as may be necessary. The funds received from the sale of such church property shall be used as the Conference shall decide.