Ordination

Ordinarily the socius should not be a local superior or a parish priest.

1. Two years after a prior provincial has been confirmed in office, he must summon to the next provincial council, in addition to its members, regional priors, vicars provincial, and conventual priors, unless the provincial chapter has determined otherwise regarding regional priors, vicars provincial, and priors in remote regions.
2. At this council meeting, all topics are to be dealt with that seem to be useful for the good of the province; first of all, there shall be a review of whether the ordinations and exhortations of the last provincial chapter and general chapter have been put into practice. , a secret scrutiny shall be held on the retention or absolution of the prior provincial, to be transmitted to the Master of the Order. The brothers who have requested absolution are bound to indicate the reasons to the Master of the Order as soon as possible. On the manner of conducting this scrutiny cf. appendix n. 14.

Matters which by our law are within the competence of the diffinitory of a provincial chapter may be dealt with and decided by the prior provincial with his council if necessity arises outside the duration of the chapter, except for nn. 279, § II, 358, § IV.

Among other things, the following must be dealt with in the provincial council:

1. the appointment or removal of a regional prior and of a conventual prior;
2. the presentation or removal of a pastor, after consulta­tion with the chapter of the community to which the parish is entrusted;
3. the erection of a house as a convent, in accordance with n. 262;
4. the cassation of a decision of a conventual chapter or council, councillors assigned to that convent being excluded from taking part in the cassation;
5. the transfiliation of a brother;
6. temporarily excluding a brother from active voting rights for a grave reason;
7. a declaration of the fact for the dismissal of a brother in accordance with common law (CCL 694, § 2).

So that nothing will be abruptly put forward for decision, councillors should be informed of the agenda in good time unless a particular decision is urgent.

1. The syndic of the province shall always be called to take part in the deliberations of the council without, however, having a vote unless he is already a member of the council. The masters of novices, students and cooperative brothers, the directors of schools and colleges, the syndic and other officials of the province should always be present at the council of the province to be heard when matters pertaining to their office are being discussed.
2. Whenever the agenda includes matters pertaining to their duties, the masters of novices, of students, and of cooperator brothers, the directors of schools and of colleges, and other provincial officials shall always be present so that they may be heard.
3. II. When something of particular importance concerning his community is to be discussed, a superior should also be present.

1. The president and councillors shall ordinarily be physically present at the place where the council is held. However, in exceptional and more urgent cases, the council may be held by teleconference, provided that a true conversation can be held between the participants and that the ballots remain faithful, secure and ordinarily secret, subject to the provisions of n. 455-ter § IV, 3° and 4°. If a teleconference is not possible, when several people cannot be present, it is sufficient that at least two councillors be present in addition to the president of the council. In cases of greater urgency when more are unable to be present, it suffices that at least two councillors be present with the chairman.
2. Whenever the agenda includes matters pertaining to the studium, the professors, and the students, or even to an apostolic school, the regent and the moderator of institutional studies shall always be present.

1. Councillors may not be removed or may not resign their office, except with the consent of the Master of the Order. If it should happen that a councillor ceases to be in office outside the duration of a provincial chapter, a new councillor designated by the provincial chapter shall be substituted for him with the approval of the Master of the Order.
2. All members must be summoned to the council and all must be present at its deliberations unless they are dispensed by the prior provincial for a just cause.

The secretary of the council is elected by the council in a single ballot; he does not have a vote if he is not one of its members and is bound to secrecy just as the other members. He shall record in a book reserved for this purpose the matters discussed and the resolutions of the council.

A prior provincial may not change or rescind the acts of a chapter, nor may such authority be delegated to him by the diffinitors; he may, however, interpret the acts of a chapter and in a particular case dispense from them.