ORDINANCES
IN VIEW OF
THE CORRECT APPLICATION
OF THE APOSTOLIC
CONSTITUTION
EX CORDE
ECCLESIAE
PREAMBLE
From earliest times, the
Roman Catholic Church in Canada has sought to provide opportunities for higher
education for indigenous peoples and Catholic settlers. In successive
generations, clergy, religious and laity have joined together to promote and to
preserve this precious educational legacy. Public demand—by Catholics and
others—for the services provided by Catholic postsecondary institutions remains
high.
The Church’s universal
interest in higher education continues to thrive and find expression in the
particular history of Catholic colleges and universities in Canada. Canadian
society clearly values such contributions to the well-being of society, which
finds expression in the level of financial support offered by most public
constituencies as well as privately.
As the number of those seeking higher education seems
destined to continue to increase in coming decades and with educational
possibilities being made available to the poor, older persons and others,
Canadian Catholic institutions of higher learning are poised to meet the needs
of society and the Church. Linking faith and reason in tertiary level education
stands to benefit not only society at large, but the Church’s mission too by
the education and formation of youth in the faith, theological reflection on
pressing cultural issues and the training of laity to fulfill of roles of
special service in the Church (in such fields as catechetics, pastoral care of
the sick and imprisoned, the good management of parishes, etc).
Catholic
Educational Institutions in Canada
Catholic universities and university colleges in
Canada operate in a complex organizational, legal, and cultural situation,
which shapes their educational opportunities and activities, whether these
institutions are “free-standing” universities or university colleges formally
related to a parent institution. A few of Canada's Catholic colleges and
universities are free-standing institutions in the sense that they have no
formal relationship with a secular provincial university; the remaining
colleges are federated or affiliated with a constituent university, which is
part of a provincial university. Some of these institutions offer an extensive
range of academic disciplines, whereas others offer programs and courses
principally in more traditionally defined Catholic areas, such as religious
education, philosophy and the like. The Catholic culture, intellectual
tradition, and attendant spiritual issues of each institution will be addressed
within the framework in which it exists and will do so through its courses, its
chaplaincy, and the Catholic ambiance that all members of the academic community
will endeavour to maintain and develop (ECE, Nos. 13-14; Art. 2 § 4; Art. 4 § 1).
Jurisdiction
of the Provinces in Matters of Education
In accordance with constitutional arrangements,
education in Canada falls within the jurisdiction of the provinces. Provinces
regulate the number and kinds of universities by the granting of charters, by
determining the essentials of the acts of incorporation, and by providing the
major part of the funding. Canadian Catholic colleges and universities have a
religiously pluralistic student body.
Standards
of Accepted University Practice
Catholic institutions,
reflecting the Catholic traditions of excellence and of openness to a diversity
of cultures, follow the standards of accepted university practice and norms,
which have been adopted in Canada, including respect for the linguistic
rights and cultural aspirations of Canadians.
In addition, as part of a
provincial university, federated and affiliated universities and colleges
usually use the curriculum requirements and academic regulations established by
the senates and legislative bodies of the constituent university.
Canadian
System of Universities
Canada has a highly
developed and diversified system of universities, which fosters academic
excellence and professorial professionalism. Catholic institutions strive to
adhere to these standards, which guarantee a high level of professional
competence at the university level (ECE, No. 37; Art. 7).
Role of
Ecclesiastical Authorities
In order then to fulfill
his pastoral role and to ensure that the institution preserve its Catholic
identity, the diocesan bishop or other competent ecclesiastical authority
should, in consultation and cooperation with the appropriate university and
college authorities, establish forms of their ongoing collaboration. Such
collaboration is not only an ideal, but it is also a time-honored Canadian
practice. By and large, internal university and college administrative
authority is legally entrusted to lay boards of trustees on which there tends
traditionally also to be both a Roman Catholic and clerical presence.
To facilitate dialogue and planning on matters of mutual
interest, in 1985 the various heads of Catholic Universities and University
Colleges in Canada established the Association of Catholic Colleges and
Universities in Canada (ACCUC).
For its part, the Canadian
Conference of Catholic Bishops acknowledges its right and duty to promote
Catholic universities and colleges, as well as to foster their excellence
through pastoral leadership and public signs of support. By their Catholic
character, these institutions must keep in close link with the country's
bishops and, in a manner appropriate to their intellectual purpose, take their
part in the Church's common mission, in particular as regards the task of
evangelization, the development of mature faith and moral discernment, as well
as dialogue of the faith with contemporary culture (ECE, Nos. 43-49).
ORDINANCES
FOR THE IMPLEMENTATION
OF THE
Art. 1 –
The Nature of these Ordinances
§ 1 - These
Ordinances are applicable to all Catholic universities, university colleges,
and other institutions of postsecondary education within the territory of the
Canadian Conference of Catholic Bishops, contrary particular laws, customs, or
privileges notwithstanding.
§ 2 - The General Norms of the Apostolic Constitution as well as the present
ordinances are to be made known to respective university or college Boards of
Governors.
§ 3 - The Norms of
the Apostolic Constitution are to be annexed to the statutes, bylaws or
comparable documents of the institution.
§ 4 - It pertains to
the competent ecclesiastical authority to see to the application of the present
ordinances, particularly that relating to the preservation of the Catholic
character of the colleges and universities, taking into account the statutes of
the institution and, as far as possible and appropriate, the civil legislation
that governs it.
Art. 2 –
The Nature of a Catholic University
In virtue of its Catholic
institutional commitment and in accordance with the provision of Ex Corde
Ecclesiae, Art. 2, § 3, each Catholic university or college shall have a
mission statement or some other public document, prepared in consultation with
the competent ecclesiastical authorities, and which will identify:
1) the Catholic identity of the institution;
2) its educational purpose;
3) its institutional
philosophy.
Art. 3 –
The Establishment of a Catholic University
§ 1 - Any official
request aiming at the establishment of a Catholic university or college,
whether it comes from a private person or from a secular or ecclesiastical
juridical person, must be submitted to the bishop of the diocese where the
institution has its registered office.
1) This request will
include:
- the motives that support the recognition of the
university or college as a Catholic institution;
- its financial resources;
- its academic
programs;
- its institutional policies as regards the faculty and
the student body;
- the ways by which
the institution intends to fulfill the Norms of the Apostolic Constitution and
the present ordinances.
2) To this request
will be added:
- the text of the statutes;
- the text of its mission statement;
- a list of the members of the teaching staff;
- a description of the library and an indication of
financial resources intended for its development;
- the advice of the
ACCUC concerning the proposed establishment.
§ 2 - If such a
request is presented to a meeting of bishops of the same civil province, it
cannot be accepted without the prior agreement of the local bishop where the
head office of the university is located.
Art. 4 –
The University Community
§ 1 - The specific
duties that stem from the Catholic identity of the institution shall be made
known to Catholic and non-Catholic appointees at the time of hiring. All are
expected to promote, or at least respect, the Catholic character and tradition
of the institution as articulated in its mission statement (ECE, Art. 4
§ 2).
§ 2 - For this
purpose, administrative personnel and faculty will receive a copy of the
institution's mission statement, a statement of its institutional philosophy,
and the academic calendar, which articulates the ethics of the institution.
§ 3 - In
order to maintain and safeguard their freely chosen identity, Catholic
universities and colleges set out clearly in their official documentation their
Catholic character and implement in practical terms their commitment to the
elements of Catholic scholarship, of which academic freedom is an essential
component. Other activities include a duty to serve others, particularly the
poor, underprivileged and vulnerable members of society, to provide courses for
students on Catholic moral and religious principles and their application to critical
issues such as human life and other issues of social justice, to care
pastorally for students, faculty, administration and staff, to create a campus
culture and environment that is expressive and supportive of a Catholic way of
life.
§ 1 - The duty of
vigilance mentioned in the Code of Canon Law (can. 810 § 2) and in the Apostolic
Constitution (ECE, General Norms, 4 § 1; 5 §
2)
is fulfilled by the diocesan bishop or by the diocesan bishops concerned who
have recognized the institution. In the
case of the universities mentioned in Art. 3 § 2 of the Apostolic Constitution,
this duty is fulfilled, with due regard for canons 586 and 678, by the diocesan
bishop and by the diocesan bishops concerned.
§ 2 - At the level of
formal communication, the statutes will determine how the ecclesiastical
authority will be kept informed on the functioning and progress of the
institution (in conformity with what is established in Art. 5 § 3 of the
Apostolic Constitution ECE).
§ 3 - The competent ecclesiastical authority and the
university or college authority are to observe approved procedures for the
resolution of conflicts on matters of church law or doctrine. Whenever
possible, disputes about church doctrine should be resolved in an informal
manner (cf. C.I.C., can. 1733). At times, the resolution of such matters may
benefit from doctrinal dialogue.
Art. 6 –
Pastoral Ministry
§ 1 - Each university
and college shall provide chaplaincy services to meet the pastoral needs of the
academic community (ECE, Nos. 38-42; Art. 6 § 1).
§ 2 - After
presentation of the candidate's name by the college or university authority,
the diocesan bishop appoints a priest or cleric to the office of chaplain. In
accord with established customs, laypersons are appointed to campus ministry (C.I.C.,
can. 813; ECE, Art. 6 § 2). Campus ministers who are members of
religious institutes or societies of apostolic life additionally must be
recommended by their major superior.
Art. 7 –
Cooperation
§ 1 - Catholic
institutions should strive to cooperate among themselves through the
Association of Catholic Universities and Colleges in Canada as well as with
ecclesiastical faculties and seminaries that may not be members and with other
Catholic and ecclesiastical universities and faculties elsewhere. Also
commended is the participation of Catholic institutions and personnel with
their state and private peers in professional societies.
§ 2 - In
collaborating with governmental agencies, regional associations and other
universities, whether public or private, Catholic universities should give
corporate witness to and promote the Church’s social teaching and its moral
principles in areas such as the fostering of peace and justice, respect for all
human life, the eradication of poverty and unjust discrimination, the
development of all peoples and the growth of human culture.
§ 3 - Catholic
universities should commit themselves to cooperate in a special way with other
Catholic universities, institutions and professional associations in Canada and
abroad to build up the entire Catholic academic community.
Conclusion
These ordinances for the
implementation of the Apostolic Constitution Ex Corde Ecclesiae were
approved by the Canadian Conference of Catholic Bishops as of 17 October 2003,
in accordance with Art. 1 § 2 of the General Norms of the Constitution; they
were reviewed by the Apostolic See on 18 August 2004, with the nihil obstat
for the French-language version confirmed on 11 December 2004.