This is an official version. Copyright © 2009: Queen's Printer, Important Information
Statutes of Newfoundland and Labrador 2009 1. Short title 2. Interpretation 3. Labrador Inuit rights 4. Persons who may perform marriage 5. Registration of clergy 6. Requirements for registration 7. Marriage by the Baha'i Faith 8. Inuit marriage 9. Minister may cancel authorization to perform marriages 10. Appeal 11. Appointment of marriage commissioners 12. Form of ceremony 13. Licence requirements 14. Appointment of issuers 15. Form of marriage licence 16. Application requires affidavit 17. Issuer to state particulars 18. Restrictions on issuing a licence 19. Written consent required 20. Evidence 21. Powers of issuer 22.
Person divorced in 23. Requirements after marriage performed 24. Return of marriage register to issuer 25. Record kept by issuer 26. Duties of issuers 27. Secrecy 28. Error 29. Offence and penalty 30. Offence and penalty - issuer 31. Consent required 32. Protection for action in good faith 33. Fees and forms 34. RSNL1990 cS-19 Rep. 35. Commencement Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows: Short title 1. This
Act may be cited as the Marriage Act. Interpretation 2. (1) In
this Act (a) "certificate" means a marriage
certificate referred to in paragraph 23(1)(b); (b) "clergy" means persons, other than
marriage commissioners, authorized by this Act to perform a marriage, and
includes a Salvation Army officer; (c) "issuer" means an issuer of marriage
licences appointed under section 14; (d) "judge" means a judge of the (e) "licence" means a marriage licence
issued under this Act; (f) "marriage commissioner" means a
person authorized under section 11 to perform a
marriage; (g) "minister" means the minister
appointed under the Executive Council Act
to administer this Act; (h) "registrar general" means the registrar
general appointed under section 3 of the
Vital Statistics Act, 2009; (i) "religious body" means a church or a religious denomination, sect, congregation or society; (j) "required form" means a form
required by the minister; (k) "Salvation Army officer" or "officer" means a commissioned officer, envoy or auxiliary captain of the religious society known as "The Salvation Army" and chosen or commissioned by that society to perform a marriage; and (l) "spouse" means either of 2 persons who are married to each other. (2) Where the signature of the registrar general is
required under this Act, it may be reproduced by photographic or electronic
means. Labrador Inuit
rights 3. This
Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of
this Act is inconsistent or conflicts with a provision, term or condition of
the Labrador Inuit Lands Claims Agreement
Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over
the provisions of this Act. Persons who may perform
marriage 4. A
person shall not perform a marriage unless he or she is (a) a member of the clergy registered under this
Act; or (b) a marriage commissioner authorized under
section 11 to perform a marriage. Registration of
clergy 5. (1) Upon
application in the required form, the registrar general may register a member of
the clergy to perform marriages. (2) The application for registration may be made
on behalf of the member of the clergy of the religious body or religious
society to which he or she belongs having jurisdiction in the province. (3) The registrar general shall issue a
certificate of registration in respect of a person registered under this Act,
or he or she may include in one certificate the names of a number of those
persons who belong to the same religious body or religious society. (4) The registrar general shall keep a register
showing the names of members of the clergy registered under this Act, the name
of the religious body or religious society to which a member belongs and the
date of his or her registration. Requirements for
registration 6. (1) A
person shall not be registered under this Act unless the registrar general is
satisfied that (a) the person is a member of the clergy ordained
or appointed according to the rites and uses of the religious body or religious
society to which he or she belongs, or is by the rules of that religious body or
religious society considered ordained or appointed under some prior ordination
or appointment; (b) the person is recognized by the religious body
or religious society to which he or she belongs as authorized to perform a
marriage according to its rites and uses; (c) the religious body or religious society to
which the person belongs is sufficiently well established both as to continuity
of existence and as to recognized rites and uses respecting performing a marriage,
to warrant, in the opinion of the registrar general, the registration of its
clergy as members of the clergy authorized to perform a marriage; and (d) the person is living in the province. (2) Notwithstanding paragraph (1)(d), in the case of a member of the clergy who is in the province temporarily, and who, if living in the province, would be eligible to be registered under subsection (1), the registrar general may, with the approval of the minister, grant a temporary registration to that member of the clergy, and may register him or her as a member of the clergy authorized to perform a marriage during the period to be fixed by the minister and the certificate of registration issued shall state the period during which the authority to perform a marriage may be exercised. (3) The governing authority of a religious body having
jurisdiction in this province shall send to the minister by January 31 in a
year a list of those members of the clergy that are registered under this Act. Marriage by the
Baha'i Faith 7. (1) Notwithstanding
sections 4, 5 and
6, where (a) an incorporated local Spiritual Assembly of
the Baha'i Faith has received the approval of the National Spiritual Assembly
of the Baha'i of Canada to appoint a marriage registrar; and (b) a person is designated as a marriage registrar
by that Assembly, the registrar general may register that
person under this section to exercise the powers conferred and to carry out the
duties imposed by this Act and the Vital
Statistics Act, 2009 on a person authorized by this Act to perform a
marriage. (2) Notwithstanding sections 4, 5 and 6, a marriage performed in accordance with the rites
and uses of the Baha'i Faith and registered by a marriage registrar described
in subsection (1) shall be considered to be valid. (3) Nothing in this section requires the marriage
to be celebrated or performed by the person designated as a marriage registrar
and registered under this section. Inuit marriage 8. Notwithstanding
sections 4, 5 and
6, a marriage performed in accordance with
Inuit Laws and Bylaws made in accordance with the Labrador Inuit Land Claims Agreement Act shall be considered to be
valid. Minister may
cancel authorization to perform marriages 9. (1) Where
the minister is satisfied that a member of the clergy registered under this Act
has stopped possessing, or does not possess the qualifications entitling him or
her to be registered, the minister may, with or without a hearing, direct the
registrar general to make an entry in the register kept by the registrar
general under this Act cancelling the registration of that person, and the
registrar general shall make that entry and shall publish a public notice of
the cancellation in one issue of the
Gazette, and, where he or she thinks appropriate, in one or more issues of
a newspaper published in the province, and upon publication of the notice in
the Gazette, the authority of that
member of the clergy to perform a marriage ends. (2) The registrar general shall immediately, by
registered mail to his or her last known address, notify the member of the
clergy whose registration is cancelled under subsection (1) of that
cancellation. Appeal 10. Where (a) the application made by or on behalf of a
person for registration under this Act is refused; or (b) the registration of a registered person is
cancelled, the applicant or person may appeal to a judge of the Trial Division and that judge may decide the appeal, and the minister and the registrar general shall be bound by and comply with that decision. Appointment of
marriage commissioners 11. (1) The minister may, in accordance with criteria he or she may establish, appoint a person who has reached the age of majority living in the province as a marriage commissioner. (2) The mayor of the City of (3) Notwithstanding subsection (1), where a person
authorized to perform a marriage in another province is in the province temporarily,
the person may apply to the minister to be authorized to perform a marriage in
the province, and the minister may authorize that person to perform marriages
in the province during the period to be fixed by the minister. (4) An issuer shall not be appointed or act as a
marriage commissioner. Form of ceremony 12. (1) A particular form of ceremony is not required in a marriage
that is performed by a marriage commissioner except that, in some part of the
ceremony, in the presence of the marriage commissioner and witnesses, each of
the parties to the marriage shall declare: "I solemnly declare that I do not know
of a lawful impediment why I, A.B., may not be joined in matrimony to
C.D.", and then each of the parties shall say to
the other: "I call upon persons present to witness
that I, A.B., take you C.D., to be my lawful wedded spouse (or wife or husband)", after which the marriage commissioner
shall say: "By the authority vested in me by the Marriage Act, I pronounce you, A.B. and C.D., to be spouses of each other (or husband and wife, or wife and wife, or husband and husband)." (2) Where the marriage commissioner adds other
words to the ceremony, other than those referred to in subsection (1), an
expression shall not be used in the ceremony that means or implies that the marriage
is not to the exclusion of other persons while both of the parties are alive. (3) A marriage commissioner who performs a
marriage may charge a fee for that service. (4) Section 24 of
this Act and section 21 of the Vital
Statistics Act, 2009 do not apply to a religious ceremony of marriage of
persons that is performed after a marriage has been performed by a marriage commissioner
under this section. Licence requirements
13. (1) A
member of the clergy or marriage commissioner shall not perform a marriage unless
he or she has received the licence issued in respect of the marriage not less
than 4 days before the day of the intended marriage, but where a member of the
clergy or marriage commissioner is provided with evidence satisfactory to him
or her that exceptional and urgent circumstances exist which are sufficient in
his or her discretion to justify the early performance of the marriage, the
member of the clergy or marriage commissioner may perform the marriage without
waiting for the expiration of that 4 day period. (2) Notwithstanding subsection (1), where the
death of one of the parties to an intended marriage is imminent in the opinion
of a qualified medical practitioner, a member of the clergy or marriage
commissioner may perform that marriage notwithstanding that a licence has not
been issued in respect of the marriage. (3) A member of the clergy or marriage
commissioner shall not perform a marriage where either party to the intended
marriage is under the age of 16 years. (4) Where a member of the clergy or marriage commissioner
has reason to believe that either party to an intended marriage is so under the
influence of alcoholic liquor or a narcotic drug that the party may not be
capable of fully understanding the significance of his or her actions, the
member of the clergy or marriage commissioner shall not perform that marriage. (5) A marriage shall be performed only in the
presence of at least 2 witnesses, each of whom shall be 16 years of age or older. (6) A marriage shall be performed only within a
period of 30 days immediately following the date of the issue of the licence
but for good cause an issuer may extend the licence, without fee, for a further
period of not less than 30 nor more than 60 days in which case the marriage may
be performed within that extended period. (7) Where the parties to a marriage performed by a
marriage commissioner wish a religious ceremony in addition, a certificate of
the marriage commissioner that he or she has performed the marriage is
sufficient authorization to a member of the clergy to perform a religious
ceremony of marriage in respect of the parties. (8) Notwithstanding subsection (3), a judge may, on
application and in his or her discretion, allow an exception to that subsection
where the judge believes that a marriage would be in the best interest of the
parties even though one or both of the parties to the intended marriage is
under the age of 16 years, and the judge may issue a licence under this Act for
the performance of that marriage for a fee, in a form and with the same effect
as if the licence had been issued by an issuer appointed under section 14. Appointment of issuers 14. (1)
The minister may, in accordance with criteria that he or she may establish,
appoint persons to issue marriage licences. (2) A member of the clergy or marriage
commissioner shall not be appointed as an issuer. Form of marriage
licence 15. (1) Marriage
licences shall be in the required form. (2) The signature of the registrar general shall
appear on licences, and he or she may sign licences in blank, which shall then
be provided to the issuers in numbers which the registrar general considers
necessary, and a licence signed in blank shall remain valid, notwithstanding
that the registrar general has ceased to hold office before the marriage
licence is issued. (3) An issuer shall give to the registrar general
a receipt for blank licences received by him or her and shall account to the
registrar general for those licences. Application requires
affidavit 16. (1) The
persons applying for a licence shall jointly make an affidavit containing (a) a statement setting out the full names of the parties to the intended marriage and their places of residence; (b) a statement whether each person is single,
widowed or divorced; (c) a statement that each person believes there is
no consanguinity or other lawful cause or legal impediment to bar or hinder the
performance of an intended marriage; and (d) a statement of the age of each person making
the affidavit and that the person is a party to the intended marriage. (2) The affidavit made under subsection (1) shall
further state the facts necessary to enable the issuer to determine whether or
not the required consent has been given in the case of a party under the age of
19 years, or whether or not that consent is necessary, and where a written
consent has been given, it shall be attached to the affidavit. (3) The affidavit made under this section shall be
in the required form and may be made before the issuer to whom the application is
made or before a notary public, a justice of the peace or a commissioner for
oaths appointed under the laws of the province. Issuer to state
particulars 17. (1) Where the issuer has received the required fee and supporting affidavit, he or she shall (a) complete a licence with (i) the names, residences and marital status of
the parties to the intended marriage, (ii) other information which may be required, and (iii) the date on which the licence is issued; and (b) sign the licence, and the licence shall then be considered
to be issued. (2) A licence shall not be used for a marriage
other than for the marriage specified in it. Restrictions on
issuing a licence 18. An
issuer shall not issue a licence (a) to a person under the age of 16 years; (b) where he or she has reason to believe that
either of the parties to the intended marriage is under the influence of alcoholic
liquor or a narcotic drug; or (c) in respect of his or her own intended
marriage. Written consent
required 19. (1) Where
either party to an intended marriage is under the age of majority and is not
widowed or divorced, an issuer shall not issue a licence unless there is filed
with him or her the written consent of both parents of the party or in another
case, the written consent of (a) a parent of the party, unless the custody of
the party has been granted to a person other than that parent or unless that parent
has been found by a court to be mentally incompetent; (b) the guardian of the party or the person having
custody of the party under an order of a court, where both parents are dead or
prevented by paragraph (a) from giving consent or where the surviving parent is
so prevented; or (c) a director of child, youth and family services
under the Child, Youth and Family Services
Act, where the party is a person in the continuous care and custody of that
director, and the issuer is satisfied as to the genuineness of the consent and the authority to give consent of the person giving it. (2) Notwithstanding subsection (1), the issuer may issue a licence without the written consent required under that subsection where the issuer is satisfied that (a) both parents of the party are dead; (b) both parents of the party are prevented under subsection (1) from giving consent; (c) a guardian of the party has not been appointed; or (d) the party is not a person in the continuous
care and custody of the director of child, youth and family services referred
to in subsection (1). (3) Notwithstanding subsection (2), the party
requesting the issue of a licence without the consent referred to in subsection
(1) shall make and give to the issuer concerned an affidavit containing a statement
of the relevant circumstances under which that party claims to be entitled to
the issue of a licence without that consent, and the affidavit may be made
before a notary public, a justice of the peace or a commissioner for oaths
appointed under the laws of the province. (4) Where an issuer refuses to issue a licence on
the ground that the necessary consent has not been given, either party in
respect of whom the licence is sought may, without the intervention of a next
friend, apply to a judge of the Trial Division for an order that the licence be
issued. (5) The judge of the Trial Division may hear the application
and, where he or she is satisfied that (a) consent to the proposed marriage is not
required; or (b) the person whose consent is required has given
his or her written consent to the proposed marriage, the judge may order that the licence be
issued, and upon receipt of a certified copy of the order the issuer shall
issue the licence. (6) Where a person whose consent is required under
subsection (1) is unable to give consent because of illness, refuses to give
consent, or where it is uncertain whose consent is required, either party in respect
of whom the licence is sought may, without the intervention of a next friend,
apply to a judge of the Trial Division for an order dispensing with consent. (7) The judge of the Trial Division may hear the application
and, where he or she is of the opinion that the proposed marriage is an
appropriate one and, where he or she is satisfied that (a) the person whose consent is required is unable
because of illness to give consent; (b) the consent is unreasonably or arbitrarily
refused; (c) the person whose consent is required is not
interested in the maintenance or well-being of the party in respect of whom the
licence is sought; or (d) it is uncertain whose consent is required, and
that the intended marriage is an appropriate one, the judge may order that the consent be
dispensed with and, upon receipt of a certified copy of the order, the issuer
shall issue the licence. (8) A consent referred to in this section shall be
signed in the presence of at least one person who has attained the age of
majority who shall sign the consent as a witness to it. Evidence 20. (1) Where an issuer has reason to suspect that a statement in an
affidavit made under section 16 or 19 is not correct, he or she shall require a further
affidavit, and that affidavit shall be forwarded to the registrar general. (2) An issuer may (a) require the production of witnesses to
identify an applicant for a licence or party to an intended marriage; and (b) examine under oath or affirmation an applicant
or party referred to in paragraph (a) or other witnesses as to a matter
concerning the issue of the licence. Powers of issuer 21. (1) An
issuer has, for the purposes of this Act, the powers that are or may be
conferred upon a commissioner under the
Public Inquiries Act, 2006, including the power to administer oaths and
affirmations and to take evidence under oath or affirmation. (2) An issuer is, for the purposes of this Act,
considered to be an investigating body referred to in the Public Investigations Evidence Act. (3) The powers conferred on an issuer by
subsections (1) and (2) are in addition to and not in derogation of a power conferred
elsewhere in this Act upon an issuer or powers of an issuer arising under
another Act or law. Person divorced
in 22. (1) An
issuer shall not issue a licence to a person whose previous marriage has been
dissolved or annulled in (a) the final decree or divorce certificate; or (b) a copy of the final decree or divorce
certificate certified by a proper officer dissolving or annulling the marriage. (2) An issuer shall not issue a licence to a
person whose previous marriage has been dissolved or annulled elsewhere than in
(a) a copy of his or her final divorce documents from the jurisdiction in which the documents were issued; and (b) a letter from a member in good standing of the bar of the province indicating that the member has examined the final divorce documents referred to in paragraph (a) and that the person is, in the opinion of that member, free to marry in the province. (3) Where the final divorce documents referred to
in subsection (2) have been issued in a language other than English or French,
the person applying for a licence under this Act shall provide a certified
translation of those documents completed by a certified translator, and the
requirements of subsection (2) shall apply to those translated documents. Requirements
after marriage performed 23. (1) Immediately
after a marriage has been performed, the member of the clergy or the marriage
commissioner performing it shall (a) complete the certificate endorsed upon the
licence with (i) the names of the parties to the marriage, and
the residences and marital status of the parties, (ii) the date and place of the marriage, (iii) the religious body or denomination according
to the rites of which the marriage was performed, where the marriage was performed
by a member of the clergy, (iv) the names and addresses of the witnesses to
the marriage, and (v) other information required in the form, and the member of the clergy or marriage
commissioner shall sign the licence and, where the marriage was performed by a
member of the clergy, the religious denomination to which he or she belongs; (b) complete the certificate attached to the
licence with the particulars referred to in paragraph (a) and also with the
date and place of issue of the licence under which the marriage was performed,
and sign the certificate and, where the marriage was performed by a member of
the clergy, the religious denomination to which he or she belongs, and the
certificate when completed and signed shall be detached from the licence and
given to one of the parties to the marriage; and (c) complete a form, to be known as the
"marriage register", with (i) the date and place of the marriage, (ii) the names, ages, marital status, religious
denominations, places of residence and places of birth of the parties to the
marriage, (iii) the names of the parents of those parties, and (iv) other information required in the form, and the marriage register when completed shall
be signed by the 2 witnesses to the marriage, with their addresses, by the parties
to the marriage, and by the person who performed the marriage with, where he or
she is a member of the clergy, the name of the religious denomination to which
he or she belongs. (2) Nothing in this section shall be construed to
interfere with a member of the clergy keeping a marriage register which he or
she is otherwise required to keep or thinks appropriate to keep. (3) The marriage certificate and marriage register
referred to in this section shall be in the required form. Return of marriage
register to issuer 24. A
person who performs a marriage shall, within 7 days of the marriage, return to
the issuer by whom the licence was issued the marriage register in respect of
the marriage, completed and signed under section 23
together with the licence for the marriage with the certificate endorsed on the
licence completed in accordance with that section. Record kept by
issuer 25. An
issuer shall keep a record in which he or she shall enter (a) the date on which a licence was issued by him
or her; (b) the parties to the intended marriage; (c) the date on which the licence was returned to
him or her under section 24; and (d) the particulars of the marriage as set out in
the marriage register returned to him or her. Duties of issuers 26. (1) An issuer shall, where he or she receives documentation from the clergy or marriage commissioner, review that documentation and (a) if it is incomplete, return the documentation to the clergy or marriage commissioner who shall complete it as required; or (b) if it is complete, send the documentation to the registrar general within 7 days of receiving the documentation from the clergy or marriage commissioner. (2) For the purpose of subsection (1), "documentation" means (a) the licences issued by the issuer and returned to him or her with the certificates of marriage endorsed on the licences during that period; (b) affidavits considered by the issuer on the issue of licences during that period; (c) consents and orders dispensing with consent filed with the issuer during that period; (d) documents and other material filed with the issuer under section 23 during that period; (e) marriage registers returned to the issuer; and (f) a list of documents being returned to the registrar general under this section signed by the issuer. (3) An issuer, or another person having the possession, power or control of unissued licences shall, upon the request of the registrar general, return to him or her every unissued licence and the property in all unissued licences shall be in and shall remain in the minister. (4) Expenses incidental to providing licences shall be paid by the issuer of the licences. (5) A marriage issuer who ceases to perform that function shall provide written notice to the registrar general of that fact, and shall return all issued and unissued licences in his or her possession at that time to the registrar general. Secrecy 27. (1) A marriage commissioner, a marriage licence issuer, or a person having access to information required by this Act shall not communicate or allow to be communicated to a person not entitled to it, information obtained under this Act, or allow a person not so entitled to inspect or have access to a record containing information obtained under this Act. (2) A person who wilfully violates this section is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000. Error 28. Where
an error is found to have been made in the entry of a marriage in a marriage
register, the person discovering the error shall immediately give information
of the error to the registrar general, and the registrar general shall
investigate the circumstances of the case, and where he or she is satisfied
that an error has been made in that entry, the registrar general may correct
the erroneous entry according to the truth of the case by altering the original
entry. Offence and
penalty 29. A
person who (a) performs or counsels a person to perform a
marriage under a licence which has not been completed and signed by an issuer: (b) alters or counsels an alteration of a license
after the license has been issued; (c) performs or helps in performing a marriage
under a licence issued for another marriage; (d) issues a marriage license when he or she was
not authorized by this Act to issue licences; (e) performs a marriage when he or she was not
authorized by this Act to perform marriages; (f) knowing the statement to be false sends to a
newspaper publisher or other person for publication in a newspaper a false
statement of marriage; or (g) fails to comply with or otherwise contravenes
this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000. Offence and penalty - issuer 30. An
issuer who (a) parts with or allows to go out of his or her
possession a marriage licence except as provided in this Act; (b) loses or damages a licence, marriage register
or other document in his or her possession under this Act; (c) does not, within the relevant period
prescribed by this Act, make the returns which by this Act he or she is
required to make; (d) neglects or refuses
to make an entry or perform a duty which he or she is by the Act required to
make or do; or (e) knowingly makes a false return of licences
sold by him or her is guilty of an offence and liable on
summary conviction to a fine not exceeding $5,000. Consent required 31. (1) A
prosecution under this Act shall not be taken except with the prior written
consent of the minister. (2) A prosecution under this Act shall not be started later than one year after the alleged offence was committed. Protection for
action in good faith 32. (1) A person who performs or purports to perform a marriage is not subject to an action or liability because of there having been a legal impediment to the marriage unless, at the time he or she performed the marriage, he or she was aware, or should reasonably have been aware, of the impediment. (2) Where the parties to a marriage performed in good faith and intended to be in compliance with this Act were not under a legal disqualification to contract the marriage and after that marriage have lived together and cohabited as spouses, the marriage shall be considered to have been validly performed, notwithstanding that the person who performed the marriage was not authorized to perform a marriage and notwithstanding an irregularity or insufficiency in the issue of the licence. Fees and forms 33. The minister may set fees and establish and require forms for the purpose and administration of this Act. RSNL1990 cS-19 Rep. 34. The Solemnization of Marriage Act is repealed. Commencement 35. This Act comes into force on ©Earl G. Tucker, Queen's Printer |