Πέμπτη 19 Ιανουαρίου 2023

The HCGM and the Archdiocese Agreement!

 


This is an agreement that was voted by the General Assembly eight years ago. I found it in my archieves and I present it here, so there won't be any misunderstandings, gossip etc!

The agreement was altered during the COVID period as the Archdiocese accepted less contribution from the Community's churches when they were sealed because of COVID restrictions. 


AGREEMENT FOR ECCLESIASTICAL CONTRIBUTIONS (the Agreement) made as of the 18th day of December 2018 at Montreal, Quebec and is made:

 

 

BETWEEN:                                                   THE     HELLENIC     COMMUNITY     OF     GREATER

MONTREAL, a Registered Charity corporation formed under the laws of Quebec

 

(HCGM);

 


AND:


THE     GREEK     ORTHODOX     METROPOLIS     OF

TORONTO     (CANADA),         a    Registered    Charity corporation formed under the laws of Ontario

 

(Metropolis);

 each, a Party, and together, the Parties


 RECITALS:

 


(A)

 (B)

 (C)

(D)

(E)

 (F)


The HCGM is an organization established for the purpose of ensuring the progress and promotion of the culture of the population of Greek origin in the greater metropolitan region of Montreal and, more particularly, to preserve and promote the Greek language, to set up charitable, welfare, and educational organizations for the benefit of the population of Greek origin, and to preserve and perpetuate the Greek Orthodox faith and tradition promulgated by the authority of the Ecumenical Patriarchate of Constantinople according to the doctrine and the faith proclaimed and applied by the Greek Orthodox Church.

 

The Metropolis is the Greek Orthodox ecclesiastical authority in Canada under the jurisdiction of the Ecumenical Patriarchate of Constantinople. ·

 

The HCGM owns and operates six Greek Orthodox churches in the greater metropolitan region of Montreal, being St. George's Cathedral, Evangelismos tis Theotokou, Koimisis tis Theotokou, St. Jean Baptiste, St. Nicholas and Holy Cross (each, a HCGM Church, and collectively, the HCGM Churches).

 

The HCGM and the Metropolis desire to enter into an agreement to define their respective rights and obligations in connection with the provision of a financial support given by the HCGM to the Metropolis, and the assignments of the priests for the purpose of providing religious services and the administration of holy sacrements by the Metropolis for the benefit of the parishioners of the HCGM churches.

 

The HCGM's advisory board has recommended to the HCGM's board of directors (the HCGM Board), which has accepted and approved such recommendation, that the HCGM enter into this Agreement.

 

The members of the HCGM have approved, by way of resolution adopted by a 2/3 majority at the special meetings held on the 9thday of June 2014 and the 1?1h day of Juhe 2015, respectively, for

such purpose (the HCGM Special Meetings), the terms and conditions of this Agreement and

have authorized the HCGM to enter into this Agreement.


 NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and agreements set forth herein and other good and valuable consideration (the receipt and sufficiency of which are acknowledged), the Parties hereby covenant and agree as follows:

 

ARTICLE I

ECCLESTIASTICAL CONTRIBUTIONS

 

1.1          Subject to the terms and conditions of this Agreement, the HCGM hereby agrees to make annual financial contributions to the Metropolis in the amounts and in respect of the time periods set forth below:

 

1.1.1          An amount of two hundred and forty thousand dollars ($240,000) for the twelve­ month period commencing on January 1, 2019 and terminating on December 31, 2022, representing an annual financial contribution of $40,000 per HCGM Church in operation;

 

1.1.2          Upon renewal of this Agreement, the annual financial contribution per HCGM Church in operation shall be equal to the contribution paid to the Metropolis at such time by the other Greek Orthodox Churches in Canada under the jurisdiction of the Metropolis.

 

1.2        The amounts payable by the HCGM pursuant to Section 1.1 shall be payable in equal monthly instalments starting on January 2019.

 

1.3          All payments shall be made in Canadian dollars and shall be made by way of delivery by the HCGM to the Metropolis, on or before January 15 of each year, of twelve (12) post-dated cheques representing the monthly contribution instalments in respect of such year.

 

 

 

 




ARTICLE IICONSIDERATION

 2.1          In consideration for the financial contributions the HCGM agrees to make to the Metropolis pursuant to the Article I, the Metropolis shall provide duly ordained priests, shall use its ecclesiastical and moral authority to provide support to the HCGM and its Churches, and shall authorize the administration and registration (where applicable) of sacraments to and for the benefit of all HCHM Churches and their parishioners, including the sacraments of baptism, Eucharist, confession, matrimony, unction, funeral and commemorations.

 

2.2          The Metropolis shall fulfill its obligations and provide support to and for the benefit of the HCGM and its Churches in good faith and with the same degree of care and diligence as the Metropolis provides similar services for the benefit of churches and parishes which adhere to and comply with the Uniform Community Regulations and Bylaws of the Metropolis, and shall use its best efforts within the organization of the Greek Orthodox Church and the priests who are employed in the HCGM Churches to ensure that this Agreement is respected in its application.

 

2.3          During the term of this Agreement but subject to Article IV herein, the Metropolis covenants and agrees that it shall not, directly or indirectly, and shall cause every person under its authority not to (directly or indirectly), apply any fee, charge, commission, cost, or other amount in respect of the administration and registration of sacraments to and for the benefit of all HCHM Churches and their parishioners.

 

ARTICLE Ill

TERM

 

3.1          The obligations of the Parties to this Agreement shall take effect immediately, provided that the HCGM's contribution obligations shall commence as provided in Section 1.1.

 

3.2          This Agreement shall terminate on December 31, 2022 (the Term). The parties agree to negotiate in good faith and conclude by no later than June 15, 2022, a new agreement for the said four (4) years ("Renewal Term").

 

ARTICLE IV TERMINATION AND REMEDIES

 

4.1          The HCGM may terminate this Agreement if the Metropolis defaults in any material respect in the performance or satisfaction of its obligations contained in Article II of this Agreement. In the event a Default occurs and is continuing, the HCGM shall send a written notice of such Default to the Metropolis. Unless the Metropolis has cured the Default within sixty (60) days of the date of receipt of such written notice, the HCGM may exercise any rights and remedies the HCGM may have under law.

 

4.2          The Metropolis may terminate this Agreement if the HCGM defaults in any material respect in the performance or satisfaction of any agreement, provision or covenant contained in this Agreement. In the event a Default occurs and is continuing, the Metropolis shall send a written notice of such Default to the HCGM. Unless the HCGM has cured the Default within sixty (60) days of the date of receipt of such written notice, the Metropolis may exercise any rights and remedies the Metropolis may have under law.


4.3          In the event a Payment Default (as defined below) occurs and is continuing, the Metropolis shall send a written notice of such Payment Default to the HCGM. Unless the HCGM has cured the Payment Default within sixty (60) days of the date of receipt of such written notice, the Metropolis may exercise any rights and remedies the Metropolis may have under law. For the purposes hereof, a Payment Default shall mean any past due amounts owing by the HCGM pursuant to Section 1.1 which has not been paid in full within fifteen (15) days of the initial payment due date.

 

ARTICLE V MISCELLANEOUS

 

5.1          The Metropolis will be added as an additional insured under the HCGM's General Liability Insurance Policy, but solely with regards to the HCGM Churches' premises, operations and/or projects. Upon request, a Certificate of Insurance will be provided each year to the Metropolis.

 

5.2          This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.

 

5.3               This Agreement may be executed in any number of counterparts (including counterparts by facsimile) and all such counterparts taken together shall be deemed to constitute one and the same instrument.

 

5.4  The Parties acknowledge that they have required that the present Agreement be drafted in English. Les parties reconnaissent avoir exige la redaction de la presente convention en anglais.

 

 

 

IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officer.

 


HELLENIC COMMUNITY OF GREATER MONTREAL

 

 

Per:

 

 

 

 

 

THE     GREEK     ORTHODOX      METROPOLIS     OF TORONTO (CANADA)

 

 

 

Per:                                                                              Name: Metropolitan Archbishop Sotirios

Title: President