Bill 46 (Legislature 15, Session 2)

L15 S2 1486

Alberta — Bills

No. 46 2nd Session, 15th Legislature, Alberta 13 Elizabeth II BILL 46 A Bill respecting the Solemni~ation of Marriage HON. DR. Ross Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1965

Explanatory Note General. This Bill will repeal and replace The Solemnization of Marriage Act (chapter 319 of the Revised Statutes). It is a revision of that Act with a number of changes, additions and omissions. The

section references in the explanatory notes are to the equivalent provisions in the present Act. 2.

Definitions. 3. Who may solemnize a marriage. The present

section 3 (1) in part. 4. Registration of clergyman. See present

section 3.

BILL No. 46 of 1965

An Act respecting the Solemnization of Marriage (Assented to , 1965) HER MAJE.ST~, by and with the advice and consent of the LegIslative Assembly of the Province of Alberta enacts as follows: ' ~. This Act may be cited as "The Marriage Act". 2. In this Act, (a) "clergyman" means a person qualified to be reg istered under

section 4; (b) "Director" means the Director of Vital Statistics appointed under The Vital Statistics Act, 1959; (c) "issuer" means an issuer of marriage licences ap pointed under

section 11. 3. No person may solemnize a marriage except (

a) a clergyman registered under this Act, or (

b) a marriage commissioner appointed under this Act. 4.

(1) Subject to this section, the Director may register as a person authorized to solemnize marriage any person whose name is submitted to him by the governing authority of the religious body to which the person belongs.

(2) A registration under subsection (1) expires on the thirty-first day of December of the year for which the registration is made.

(3) No person shall be registered unless the religious body to which he belongs is sufficiently well established, both as to continuity of existence and as to rites and usages respecting the solemnization of marriage, to warrant, in the opinion of the Director, the registration of its clergymen as persons authorized to solemnize marriage.

(4) No person shall be registered unless it appears to the Director that (

a) the person is twenty-one years of age or over and resident in the Province, (

b) the person has been ordained or appointed accord ing to the rites and usages of the religious body to which he belongs or is, by the rules of that religious body, deemed ordained or appointed,

5. The Director of Vital Statistics is to keep a record of registered clergymen. 6. Duty of religious bodies to inform iDirector of changes with respect to registered clergymen. See the present

section 3 (2). 2

(

c) the. person is rec?gnized by that religious body as entItled to SOolemnIZe marriage according to its rites and usages, and (

d) the person (

i) is in charge of or officiating in connection with a congregation, branch or local unit in the Province of the religious body, or (ii) having been formerly so in charge of or of ficiating in connection with a congregation branch Oor local unit in the Province, has bee~ superannuated or placed on the supernumerary list, or (iii) is a retired clergyman in good standing of the religious body, though not in charge of or of ficiating in connection with a .congregation, branch or local unit.

(5) Notwithstanding subsection (4), in the case of a person who is in the Province temporarily and who, if he were resident and officiating in the Province, could be registered under this section, the Director may register him as authorized to solemnize marriage during a period to be fixed by the Director, in which case the .certificate of registration shall state the period so fixed. 5.

(1) The Director shall issue a ·certificate of registra tion to each clergyman who is registered under this Act.

(2) The Director shall keep a record showing (

a) the name of each clergyman registered under this Act, (

b) the name of the religious bOody to which he belongs, (

c) the date of his registration, and (

d) his registration number. 6.

(1) The governing authority of every reHgious body (

a) shall notify the Director when one of its registered clergymen dies or ceases to reside in the Province or in any other way ceases to possess ,the qualifica tionsentitling him to be registered, and (

b) Ishall send to the Director at least once every year, or oftener as required by the Director, a list of all the members in the Province of that religious body who are recognized by it as entitled to solemnize marriage.

(2) Where it appears to the Director that any per~o~ registered under this Act has ceased to possess the quahfI .cations entitling him to be registered, the Director may cancel the registration. 2

7. Appointment of marriage commissioners (the present

section 3 (1) (c» and the form of civil ceremonies. 8. A marriage licence is required in every instance-the present sections 4 (a), 5 and 18. A certificate of publication of banns as a legal substitute fora marriage licence is omitted. 9.

(1) Requirement of witness to a marriage. The present sec tion 7 (1).

(2) Requirement for interpreter. 10. Certificate of the marriage to be given. 3

~. (1) 'The Lieutenant Governor in Council may ap pOInt persons twenty-one years of age or older and resident in the Province as marriage commissioners for the Province or any district of the Province.

(2) No particular form of ceremony is required in the solemnization of a marriage by a marriage commissioner except that in some part of the ceremony, in the presence of the marriage commissioner and the witnesses, each of the parties shall declare: I do solmenly declare that I do not know of any lawful impediment why I, AB, may not be joined in matrimony toGD. and each of the parties shall say to the other: I -call upon those persons present to witness that I, AB, do take thee, CD, to be my lawful wedded wife (or husband) .

(3) Where the parties to a marriage solemnized by a marriage commissioner. desire a religious ceremony in -ad dition thereto, a certificate of the marriage given by the marriage commissioner who solemnized it is sufficient authority for a ,clergyman to perform the religious ceremony. ( 4) A religious ceremony performed as mentioned in subsection (3) is in addition to and does not ,supersede the solemnization of the marriage by the marriagecommis sioner and this Act does not apply to such a religious ceremony, nor shall it be registered under The Vital Statistics Act, 1959 asa marriage. 8. No person shall solemnize a marriage (

a) except under the -authority of a marriage licence issued to the parties pursuant to this Act, and (b) -except within three months after the date of the issue of the licence. '9. (1) - NIQ person shaH solemnize a marriage without the presence of the parties and at least two credible adult witnesses. ('2) No person shall solemnize a marriage where one or both of the parties speak a language different to that in which the marriage ceremony is to be performed unless an interpreter is present to interpret and explain -clearly to such party lOr 'parties the meaning of the ceremony. 10.

In addition to registering the marriage as required by The Vital Statistics Act, 1959, the person who solemnizes a marriage shall give the parties a signed certificate of the marriage specifying the names of <the parties, the date and place of the marriage and the names of the witnesses. 3

II. Marriage licence issuers. The present sections 2 (b), 8 and 19. 12. Issue of licence. S~ the present

section 6 (1). 13. Information required with an application for a marriage licence. See present

section 15. 14. Further eviden~ may be required. The present

section 17. 4

11:

(1) The ~ieu.ten~nt Governor in Council may appoInt for any dIstrIct Issuers of marriage licences.

(2) An issuer may appoint in writing and for a period of not more than three months a deputy to act for him in his absence! and the ~ep.uty i~suer possesses all the powers ?f the Issu~r appoIntIng hIm, and shall sign each licence Issued by hIm wIth the name of the issuer as well as his own name in the following manner: A.B., Issuer of Marriage Licences, perC.D., Deputy Issuer.

(3) An issuer is ex officio a commissioner empowered to administer oaths and may take and receive the affidavits, declarations or affirmations required under this Act and the regulations. 12. An application for a marriage licence shall be made by both parties to an intended marriage and subject to the conditions and prohibitions (

a) of sections 13 to 18, and (

b) of any other law in force in the Province, the issuer to whom the application is made shall issue the licence applied for. 13.

(1) An issuer shall not issue a marriage licence untH the prescribed licence fee is paid to him and until each of the applicants for the licence has delivered to him (

a) an affidavit of particulars, in the prescribed form, and (

b) a medical certificate given in accordance with sec tion 22.

(2) The affidavit referred to in subsection (1) shall be sworn to by each applicant before the issuer, except that where either of the applicants is unable to swear the affi davit before the issuer, the issuer may permit the affidavit to be made before a justice of the peace or notary public, in which case the affidavit shan state the reason relied upon to excuse personal attendance before the issuer. 14.

(1) If an issuer has reason to suspect that any statement in the affidavit of an applicant fora marriage licence is not correct, he shall require a further affidavit or affidavits, or other evidence of the truth of the state ment, and all such affidavits and a minute of such evidence shall be forwarded to the Director. 4

(2) An issuer (

a) may require the production of witnesses to identify any applicant for a licence, and

15. Issue of licence to divorced person. See present

section 16. 16. Marriage of persons under 16. See present

section 26. 17. Marriage of persons under 21 may require consents. See the present sections 23 and 6 (4). 5

(

b) may exami~e under 'Oath or 'Otherwise the applicant or other wItnesses as to any matter pertaining to the issue of the licence . . 15.

(1) When a previ'Ous marriage of an applicant for a lIcence has been dIssolved by a decree of div'Orce oOr de clared a nullity, an issuer shall not issue a marriage licence (

a) until. the twenty-first day after the date 'Of entry of the fInal decree 'Or of the oOrder declaring the nullity, and (

b) until the applicant furnishes the issuer (

i) with a certificate from the clerk of the Supreme Court that no appeal has been entered from the final decree or order declaring the nullity and that the time foOr appeal has expired, oOr (ii) where an appeall has been entered, with ev idence satisfactory to the issuer that the appeal has been finally disposed of. (2) Subsection (1) does not apply in the case oOf a final decree 'Or declaration granted outside the Province, but in such a case the applicant shall furnish the issuer (

a) with a certificate of the dissolution or annulment or decree 'abs'Olute or decree 'Of annulment or a certified notarial copy 'Or phoOtocopy thereof, or (

b) with 'Other evidence of the divorce or annulment satisfactory to the Director. 16.

(1) No person shall (

a) issue a marriage licence for, or (

b) solemnize the marriage oOf, any person under the age of s,ixteen years. (2) 'This

section does not apply with respect to a female who is shown by the certificate of a duly qualified medical practitioner to be either pregnant or the mother of a living child. 17.

(1) Where either of the applicants foOr a licence is under the age of twenty-one years, and ,if the consent of any persons to the marriage is required under

section 18, the issuer shall not issue the licence until with respect t'O the applicant under twenty-one years of age there is depoOsited with him every consent, if any, required under

section 18 or an 'Order under

section 19 dispens,ing with any such con sent.

(2) In a case to which subsection (1) applies the issuer shall send, by mail, a notice to all persons who may give the required ,consent, stating that a marriage licence has been applied f'Or, the name and address 'Of each of the applicants and the requirements of this Act with respect to consent, unless 5

18. Persons whose consents are required. See present sections 23 and 24. 6

(

a) every required consent or an order dispensing with any such consent, has been deposited with him, or (

b) other arrangements, satisfactory to the issuer are made to obtain the required consents. '

(3) The Director, in his discretion, may authorize an issuer to accept and act upon any document which does not comply with the requirements of the regulation with respect to the form and content IQf a consent but which, in the circumstances, show-s to the satisfaction of the Director that consent to the !marriage is given. 18.

(1) Subject to this section, the persons whose con sents are required for the marriage of a person under twenty-one years of age are (

a) in the case of a person under eighteen years of age, the father and the mother, and (

b) in the case of a person over eighteen years of age, either the father or the mother.

(2) Notwithstanding subsection (1), (

a) where the parents of an applicant are divorced or separated under a decree of judicial separation or a separation agreement, the consent may be given by the parent or other person who has legal custody of the a pplican t, or (

b) where one of the parents of an applicant under eighteen years of age is dead or mentally incompet ent the consent may be given by ,the other parent, or (

c) where both of the parents of an applicant are dead or mentally incompetent the cons-ent may be given by (i) (ii) or a lawfully appointed guardian, or an acknowledged guardian who brought up or who for three years immediately preceding the application for a licence has supported the ap plicant, (

d) where an applicant is a ward of the government under The Child Welfare Act the consent may be given by the Superintendent of Child Welfare, and no other consents are required in respect of thatap plicant. 6

(3) Notwithstanding subsection (1), where (

a) both the parents of an appl~cant are de~d or men tally incompent and there IS no guardIan of the applicant, or (

b) an applicant has been previously married and is now divorced or is a widow or widower, or (

c) an applicant is (

i) an ex-ward of the government under The Child Welfare Act, and

19 . .order dispensing with a .consent. The present

section 2,5,. 20. Petition for presumption of death. The present

section 29. 7

(ii) over the age ~f eighteen years, and 'a legal guardIan has not been appointed for the applicant, no consents are required in respect of that applicant.

(4) Notwithstanding subsection (1), where an appli cant (

a) is over the age of eighteen years, 'and (

b) is living and for not less than three months im mediately pre'ceding the date of application for the licence has been living apart from his parents or guardian without having received finandal aid from his parents or guardian, ~lO ,consent is required in respect of that applicant but the Issuer (

c) shall send notice of the application and the require ments of this Act with respect to consent to the persons to whom, but for ,this subsection, he would be required to send a notice iby subsection (2) .of

section 17, ,and (

d) may not issue ,the licence applied for until the eighth day after the day on whioh the notice was mailed.

(5) The exceptions set out in subsections (2), (3) and (4) 'Only apply with respect IDO an applicant who deposits with the issuer such proof of the facts as the issuer may require. 19.

(1) Su;bject to subsection (2), a person (

a) who is not of the age of twenty-one years, and (

b) who is unable to obtain the consent .of a parent or guardian required under

section 18, may, upon notice to the parent or guardian, apply to a judge of the Supreme Court or district court, and the judge may in his discretion grant an order dispensing with the consent.

(2) No order shall be made under this

section in respect of a person under the age of sixteen years., unless that person is a female and is shown by a certificate of a duly qualified medical practitioner to be either pregnant, or the mother of a Ii ving child. 20.

(1) Any married person who alleges that reasonable grounds exist for supposing that the other party to the mar riage is dead may present a petition to the 'Supreme Court to have it presumed that the other party is dead, and the Court, if satisfi,ed that such reasonable grounds exist, may make a decree of presumption of death.

(2) In any such proceedings the fact that for a p:eriod of seven years or upwards the other party to the marrIage h3;8 been continually absent from the petitioner and the petI tioner has no reas,on ,to h~lieve that the other party has been living within that time is evidence that he or she is dead until the contrary is proved. 7

21. Voiding marriage of minors when conditions of Act are not met. The present sections 23 (3) and 27. 22. Medical certificate. See the present

section 15. 8

(1) The consents required under

section 18 and the medical certificate r,equired under sections 16 and 19 are a condition precedent to a valid marriage, and where a form ?f marria~e is solemnized between persons, either of whom IS under eIghteen years of age without a required consent or medical certificate, the marriage is void unless (

a) carnal intercourse has taken place between the parties prior to the ceremony, or (

b) the marriage has been consumated, or (

c) the parties have after the ceremony, cohabited and lived together as man and wife.

(2) Where a marriage is void under subsection (1) the Supreme Court has jurisdiction and power to entertain an action by the person who was at the time of the ceremony under eighteen years of age to declare and adjudge that a valid marriage was not effected and entered into, and the Court shall so declar'e and adjudge if it is made to appear (

a) that a ,consent required under

section 18 or a medi cal certificate required under

section 16 or 19 was not obtained prior to the ceremony, and (

b) that (c) (

i) carnal intercourse did not take place between the parties prior;to the ceremony, (ii) the marriage has not been consumated, and (iii) the par-ties have not, after the ceremony, cohabited and lived together as man and wife, and that the action was brought before the person bring ing i t attained the age of nineteen years. 22. ( 1 ) The medical certificate required by

section 13 shall he given by a duly qualified medical practitioner, except that in the case of a person residing at a place where it is impossible to obtain the certificate of a duly qualified medical practitioner without great trouble or inconveni ence, the issuer may, if he is satisfied of the foregoing cir cumstances, accept the certificate of a municipal nurse in stead of the certificate of a duly qualified medical practi tioner. 8 (2)'Dhe certificate shall (

a) certify that a specimen .of blood for the serolDgic test for syphilis has been taken from the applicant and has been or will be sent to the Provincial Labor atory or to a laboratory approved by the Director of the Provincial Laboratory and that the result of the test will be conveyed to the applicant, and (

b) show that the specimen was taken within fourteen days before the date .of application for the marriage licence.

23. Validation of marriage when Act not fully complied with. The present

section 28. 24. Protection from actions. The present

section 30. 25. Unlawfully performing marriage ceremony. The present

section 31. 26. Offence and penalty. The present sections 32 and 34. 27 . .offence to marry people who are in a state of incompetence. The present

section 35. 9

.

(3) T~e p~rson .who takes a blood specimen pursuant toO thIS s~ctIon IS entItled to receive from the person whose blood IS taken a fee not exceeding two dollars.

(4) A laboratory to whom a blood specimen is sent shall notify the Director of the Division of SDcial Hygiene of the Department of Public Health of all tests· that are found p.ositive, and if the Director is not satisfied fr.om the result of the test he may require the persO'n wh.ose blood was taken to submit to further tests. 23.

(1) A marriage is not invalidated by reason on1ly .of a contravention of .or non-compliance with this Act (

a) by the pers.on who solemnized the marriage, or (

b) by the person who issued the licence for the mar- riage, and the Supreme C.ourt may, if satisfied it is proper to do so, declare that the marriage was lawfully solemnized notwith standing any such contravention Dr non-c.ompliance.

(2) An applicati.on for an .order under subsection (1) may he made on petition by (

a) a party to the marriage, .or (

b) the Attorney IGeneral, .or (

c) the Director, either ex parte or upon such notice as the judge directs. 24. No pers.on whO' s.olemnizes a marriage in conformity with this Act is subject to any action or liability for damage or otherwise hy rea-s,on .of there having been any legal impediment to the marriage unless at the time when he performed the ceremony he was aware of the impediment. 25.

If any person wh.o, having heen a clergyman, mar riage commissioner Dr other person having the right to' solemnize marria.ge, has been deposed from his ministry, or deposed or removed from the .office by virtue of which he was, authorized to solemnize marriage, thereafter solemnizes or undertakes to solemniz·e any marriage, he is guilty .of an offence and liable on

summary conviction to a fine of five hundred dollars Dr to imprisDnment for a term of not more than twelve months, or to both fine and imprisonment. 26. A perSDn who (

a) issues a marriage licence, or (

b) solemnizes a marriage, • contrary to this Act is guilty ·of an .offence and liab1le on

summary conviction to a fine of not more than one hundred dollars and in default of payment to imprisonment for a term not exceeding thirty days. 27. A pers.on who (

a) issues a licence, .or 9

28. Offence to make false statement. 29. Regulations. :10. Repeal of

chapter 319 of the Revised Statutes. 31. Commencement of Act. 10

(

b) solemnizes a marriage, knowing or having reason to believe that either of the parties to the intended marriage .or to the marriage is mentally defective Gr mentally ill lOr is under the influence Gf intoxicating liqu.or or narcotic drugs, is guilty of an offence and liable .on

summary cGnviction to a fine of nGt more than five hundred dollars and in default Gf payment to impris.onment for a term n.ot exceeding one year. 28. A person who. knGwingly makes any false statement in any document required under this Aot, for which he is not Gtherwis,e punishable on cGnvictiGn, is guilty of an offence and liable on

summary conviction to a fine Gf not more than one hundred dollars and in default Gf payment to imprisonment for a term not exceeding thirty days. 29. 'The Lieutenant GGvernor in Council may make regu lat~Gns (

a) prescribing the fees to. be paid for marriage licences, (

b) prescribing the forms to. be used in carrying out the provisions of this Act, (

c) prescribing the duties of, the procedures to. be fol lowed by, and the fees payable to issuers of mar riage licences, (

d) authorizing the filing of special returns by an issuer 'Of ma.rriage licences in exceptional cases, (

e) authorizing every Indian agent in Alberta to. act ex officio as issuer of marriage licences for the Indians under his j urisdicti.on, (

f) authorizing every Supervisor of a Metis Colony ,in Alberta to act ex officio as issuer of marriage licences for the Metis under his jurisdiction, (

g) authGrizing the waiving Gf the requirement of blood tests under certain cGnditions, (

h) prescribing the fee tha.t may be charged for a mar riage oeremony performed by a marriage commis siGner, and (

i) fGr the purp.ose .of effectively securing the due observance IOf ,this Act, and generally for the better carrying out of the provisi.ons hereof and obtaining the infGrmation required hereby. 3.0. The Solemnization of Marriage Act is repealed. 31. This Act comes into force on the first day of January, 1966. 10

No. 46 SECOND SESSION FIFTEENTH LEGISLATURE 13 ELIZABET'R II 1965 BILL

An Act respecting the Solemnization of Marriage Received and read the First time ........................................ . Second time ....................................... . Third time ......................................... . RON. DR. Ross Title: 1965 (15th, 2nd) Bill 46,

An Act respecting the Solemnization of Marriage

Document details

Collection	Alberta — Bills
Citation	L15 S2 1486
Type	bill
Volume / chapter	L15 S2 1486
Language	en
Format	json
Source	PROVINCIAL
Identifier	09d487de321a2e23079b8f449005e1d8640cd701

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