Clergy Reserves in Canada Act 1840

Lore & Background

The Legislative Assembly of Upper Canada had passed its own law in 1840 to sell the clergy reserves, but that law was disallowed and displaced by the Act passed at Westminster. The British Act was considered more favourable to the Anglican Church of Canada, yet it provided that only one-half of future sales would be dedicated on a 2:1 basis to the Anglican Church and the Church of Scotland. The remaining moiety was to be distributed to all other churches according to their respective strengths.

Reader's Guide

The Clergy Reserves in Canada Act 1840 represents a pivotal moment in the resolution of a long-standing colonial dispute over land endowments for religious institutions. By transferring administration of the reserve lands to the Crown Lands Department, the Act moved the matter to a less contentious bureaucratic setting. The distribution formula—half to Anglican and Scottish churches in a 2:1 ratio, and half to all other churches proportionally—reflected a compromise that partially satisfied competing denominational claims. Though the Act was seen as favoring the Anglican Church, it effectively ended the exclusive Anglican control that had been a source of political friction in Upper Canada. Its legacy lies in the secularization of land management and the gradual reduction of state-sponsored church privileges in the Province of Canada.

Did You Know?

• The Act was passed at Westminster in the 3rd and 4th year of Queen Victoria's reign.
• The Legislative Assembly of Upper Canada had passed a similar law in 1840, but it was disallowed and displaced by this Act.
• Only one-half of future sales were dedicated to the Anglican Church and Church of Scotland on a 2:1 basis.
• The remaining half of proceeds was distributed to all other churches according to their respective strengths.