CIVIL MARRIAGE SOLEMNIZATION - amcto.comamcto.com/imis15/Documents/Conference/2015 Conference/9. Civil...Today’s Objectives 1. Know and apply legislative requirements of the Marriage

CIVIL MARRIAGE

SOLEMNIZATION

TRAINING MODULE

TRAINER

DENISE LABELLE-GÉLINAS, PRP, CMO

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.

AMCTO – Training Module on - Civil Marriage Solemnization Slide 2

AUTHORITY

Changes - Marriage Act (Reg.285/04) Minister of

Consumer and Business Services – Jim Watson.

Authorizes Municipal Clerks

AMCTO – Training Module on - Civil Marriage Solemnization 3

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.


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


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.


Marriage Licence Application Form 3

completed by both parties.

original signatures - declaration – dated

Identification Required

Two original pieces of Gov. issued ID ( no photocopies )



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.


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


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.


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.


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.”


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


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.


Format of Ceremony There is none

HOWEVER….you have the legal requirement –

Mandatory Declarations set forth under section 24 (3) of

the Marriage Act.


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).


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)


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.


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


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.


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.


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


Marriage License – Validity

MUST obtain a Marriage License

Valid for 3 months (90 days)

Three day waiting period eliminated (April 1995)


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


Part 5 of Marriage License Marriage Act Section 28(2)

Record of Solemnization is a souvenir document - not a

legal record.


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.


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


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


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.


http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90m03_f.htm#s9s1

http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90m03_f.htm#s9s2

DivorcedASK The QUESTION:

Was the Divorce conducted in Canada (or) out of

Country.

If in Canada – they will need:


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.


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))


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.


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)


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


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


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)


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


Secondary Meeting

Obtain the Marriage License

check the date of issue (within 90 days)

Finalize the ceremony details

Receive the Balance owing for ceremony


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.


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


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


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.


Let’s Perform
