Today’s Objectives1. Know and apply legislative requirements of the
Marriage Act
2. Address various scenarios and obligations to
solemnize civil marriages
3. Process paperwork/maintain register
4. perform civil marriages.
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AUTHORITY
Changes - Marriage Act (Reg.285/04) Minister of
Consumer and Business Services – Jim Watson.
Authorizes Municipal Clerks
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Authority Marriage Act (Reg.285/04)
Authorizes Municipal Clerks
Endorsed by Resolution or By-law of Council.
Set fees for service.
MMAH can impose limits (section 400 of Municipal Act)
Clerk’s can delegate their authority (Subsection 228
(4) of Municipal Act.
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Once Authorized
What to do!
If Council determines it wishes to implement the civil
marriage solemnization services
By-law or Resolution
Notify Office of Registrar General (obtain Register)
Notify ORG with attached By-law or Resolution
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Marriage Act and Reg.’s Sections :
(4) No Marriage may be solemnized except under the
authority of a license issued in accordance with this Act or
publication of banns.
24 (1) A judge, a justice of the peace or any other
person of a class designated by the regulations may
solemnize marriages under the authority of a license.
Reg.285/04 Sec.1.1 For the purposes of subsection 24(1) of the
Act, the clerk of a local municipality is authorized to solemnize
marriages under the authority of a license.
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Marriage Licence Application Form 3
completed by both parties.
original signatures - declaration – dated
Identification Required
Two original pieces of Gov. issued ID ( no photocopies )
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DELEGATION
Section 228 (4) Municipal Act, 2001 – Clerks may delegate their authority.
228 (4) – The clerk may delegate in writing to any person, other than a member of council, any of the clerk’s power and duties under this and any other Act.
When delegation occurs, Councils and their Clerks are legally or otherwise accountable for the appropriate provision of civil marriage services.
Ministry of Municipal Affairs and Housing and Ministry of Consumer and Business Services – will monitor the delegated process to ensure Acts are being respected.
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ELIGIBILITY TO BE MARRIED
SECTION 5 OF THE MARRIAGE ACT
Who may marry
Any person who is of the age of majority .
(5 (2) No person shall issue a license to a minor, except
where the minor is of the age of sixteen years or more
has the consent in writing of both parents in the form
prescribed
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Dispense with Consent
Application may be made to a judge
Section 6 of the Marriage Act states:
Where a person whose consent is required by Section 5
is not available or unreasonably or arbitrarily withholds
consent, the person in respect of whose marriage the
consent is required may apply to a judge without the
intervention of a litigation guardian for an order
dispensing with the consent.
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WHO IS INELIGIBLE NO License shall be issued to
persons who are mentally disabled
Under the influence of liquor or drugs
Under physical or mental duress
Under the age requirement of 18 years old or where
consent is needed (16/17)
Related (grandparent, parent, child, grandchild, brother or
sister)
One or both parties are currently married.
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Ineligibility Mentally Disabled
Guidelines:
understand the nature of the marriage contract, duties,
obligations and responsibilities.
“If help is needed in determining the mental capacity, you
may seek advice from a physician.”
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Same-Sex Marriage Defining marriage as a union between man and woman
was shown to violate the equality rights provision of the
Canadian Charter of Rights of Freedoms.
Courts then revised definition of marriage in Ontario to
read: “the voluntary union for life of two persons to the
exclusion of all others”.
NOW – Constitutional requirement in Ontario to offer
civil marriages to same-sex couples
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Proxy Marriage NOT ALLOWED
Section 25 of Marriage Act
Every marriage shall be solemnized in the presence of
the parties and at least two witnesses who shall affix their
names as witnesses to the entry in the register made
under section 28.
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Format of Ceremony There is none
HOWEVER….you have the legal requirement –
Mandatory Declarations set forth under section 24 (3) of
the Marriage Act.
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Legal Requirements
24 (3) in some part of the ceremony, in the presence of
the person solemnizing the marriage and witnesses,
each of the parties SHALL declare:
I (spouse 1), do solemnly declare that I do not know of
any lawful impediment why I may not be joined in
matrimony to (spouse 2).
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Requirement (2)
I call upon these persons here present to witness that I,
(spouse 1), do take you, (spouse 2), to be my lawful
wedded (wife) or (husband) or (spouse)
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Requirement (3) After which the person solemnizing the marriage
SHALL say:
I (solemnizer), by virtue of the powers vested in me by
the Marriage Act, do hereby pronounce you (spouse 1)
and (spouse 2) to be husband and wife (or) legally
married spouses.
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Witnesses You need two
Age requirement not determined within Marriage Act
witnesses must understand and appreciate what is taking
place and their capacity to give evidence of the event at a
later date – if required.
Witnesses sign both - Marriage Register and Marriage
Licence
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Interpreter Language barrier
Interpreter may not be one of the witnesses.
Interpreter certificate must be completed and signed by
Officiant, Married couple and Interpreter.
Certificate then sent with Marriage Licence to ORG.
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Assistance
Individuals who are deaf – unable to speak – or unable
to write, may use an interpreter
Solemnizer must be satisfied that the individual(s)
understand the information presented.
When unable to write, a mark in the presence of a
witness should be made by the individual.
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SAMPLE
INTERPRETER CERTIFICATE
I, __________, of the __________ of __________ in the __________ of __________ certify that on the __________ day of __________, at the __________ of __________, I faithfully performed the services of Interpreter from the __________ language into the __________ language (and from the __________ language into the __________ language) in or in connection with a ceremony of marriage solemnized between __________ and __________.
Dated the __________ day of __________ in the year __________.
_________________________ __________________________
Signature of Interpreter Signature of Officiant
___________________________ __________________________
Signature of Witness Signature of Witness
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Marriage License – Validity
MUST obtain a Marriage License
Valid for 3 months (90 days)
Three day waiting period eliminated (April 1995)
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Registering Marriage Marriage License contains two (2) parts
Statement of Marriage – contains all pertinent information
of couple
Record of Solemnization of Marriage
Must be completed by Marriage Officiant (Clerk or designate)
Once Marriage is completed mail the completed documents
within two (2) days to ORG ThunderBay
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Part 5 of Marriage License Marriage Act Section 28(2)
Record of Solemnization is a souvenir document - not a
legal record.
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Particulars of Marriage Register
The Register is a ledger (Form 9) – book format
Collection of Particulars
Property of the Crown of Ontario
Obtained from ORG
Requested through supply (see form in manual)
Ledger retained by Marriage Officiant
Ledger is signed by married couple, witnesses and
Marriage Officiant.
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Release of Personal Information
Subject to Freedom of Information and Protection of
Privacy Act.
Access requests for civil marriage information should
be referred to Office of Freedom of Information and
Protection of Privacy (or)
Contact the Office of Government Services Thunder
Bay
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Marriage and
Change of Name Act
three options
Option 1 – Continue to use their last name
Option 2 – “Assume” the use of the spouse’s last name
Option 3 – Legally change their last name
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Widowed Proof of Documents Required
(Sec. 9) – Death Certificate
Order under Declarations of Death Act, 2002
9. (1) If an order has been made under the Declarations of Death Act, 2002declaring that a married person has died, the person to whom the deceased was married may, subject to the provisions of this Act, obtain a licence or be married under the authority of the publication of banns upon depositing a certified copy of the order with the person issuing the licence or solemnizing the marriage together with an affidavit in the required form
Exception
(2) Subsection (1) does not apply if the order is limited, under subsection 2 (6) of the Declarations of Death Act, 2002, to specified purposes other than remarriage.
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DivorcedASK The QUESTION:
Was the Divorce conducted in Canada (or) out of
Country.
If in Canada – they will need:
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Divorce Documents Required
Remarry after a divorce or annulment in Canada (Sec. 6(2))
official proof of the divorce
original or a court-certified copy
A Copy can only be certified by the Court in which the Applicant was divorced (a photocopy will not be accepted).
In the case of a Divorce granted in Quebec, the Divorce Judgment will only be accepted if it was issued before 1986.
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Out-of-Country
Divorces or Annulments
If the Divorce or Annulment was granted outside of Canada, they will need to provide certain documents to prove that they are no longer married. The government needs to validate these documents. (Sec.6(3))
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Out-of-Country- Divorces or Annulments
They will need to send the following documents to ServiceOntario:
marriage license application form: completed and signed
statement of sole responsibility: for each divorce (signed by both people who are planning to get married and a witness)
legal opinion letter: from an Ontario lawyer, addressed to both people who plan to get married, giving reasons why the divorce or annulment should be recognized in Ontario
divorce decree or annulment: an original or court-certified copy in English or French. If the decree is in another language, you will need to include a translated copy and an affidavit sworn by a certified translator.
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Mail To:
These documents MUST be mailed directly to:
ServiceOntario Thunder Bay Production and Verification
Services Branch
Ontario Government Bldg
189 Red River Road PO Box 4600 Thunder Bay, ON P7B 6L8
You can also contact ServiceOntario office for a sample
legal opinion letter.
For more information on out of country divorce/annulment
information: call 1-800-461-2156 (toll-free)
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Checklist template that help you go through the details.
Initial discussion obtain
proposed wedding date and time
preferred location
ever been married before
inform them of deposit and total fee
Set up first meeting
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Services considered continued
Explain the ceremony and its content
Involve the couple – prepare their own vows or have you
prepare them
Would they like a poem included
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First Meeting
Provide and obtain all information needed
inform couple of a secondary meeting WHY?
finalize details;
collect marriage license
collect balance owing
Run through the ceremony
Unilingual?
Any special issues they would like to discuss (ie) involving children, special ceremony (sand, handfasting)
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First Meeting…..
Size of wedding party, guests, DJ, photographer
exchanging rings
own vows
rehearsal – inform them of additional fee
Collect the deposit fee - reserve their date and time
Non-refundable
Open a file - retain the fee
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Secondary Meeting
Obtain the Marriage License
check the date of issue (within 90 days)
Finalize the ceremony details
Receive the Balance owing for ceremony
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Before the Ceremony Call and confirm wedding time – day before
Complete both the Marriage Register and Marriage License
Part 3 and Part 5 prepared.
Bring a pen
Review ceremony ensure names are correct and legal
details entered in your document.
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During the CeremonyLeading into Ceremony:
Arrive 15 minutes before ceremony is to begin
Be dressed appropriately
Review room set-up
Seek out your groom
Show me the rings.
Speak to DJ and photographer – final details
Ask the Assembly – out of respect – shut Cell phones
Prepare your wedding party – let the show begin.
DO START on TIME
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After the Ceremony Perform ceremony – don’t rush – respect the occasion.
Double check that you have all signatures
Registers are signed by Couple (2), witnesses (2) with
their addresses and Officiant (1).
Marriage License is signed on:
Part 3 by Couple (2), Witnesses (2) and Officiant (1)
Part 5 is signed by Witnesses (2) and Officiant (1)
13 signatures total
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Completing the Ceremony
Mail Parts 1, 2, and 3 of the Marriage License (and any
other paperwork (i.e.) Statement of Interpreter) to ORG
within two (2) days of the ceremony.
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