Bill 63 (Legislature 10, Session 1)

L10 S1 7588

Alberta — Bills

Bill No. 63 of 1945. A BILL TO AMEND THE SOLEMNIZATION OF MARRIAGE ACT NOTE.

Section 4 of the Act, amended by

section 2 of the Bill, provides that no clergyman shall ,solemnize a marriage after the publication of banns unless the parties produce to him affidavits to the effect that they are not then infe'cted with a veneral disease or tuberculosis. The amendment changes this requirement by the insertion in the affidavit of the words "to the best of his knowledge".

Section 3 of the Bill amends

section 8 by requiring pay ment of the sum of three dollars for a certificate of publica tion of banns. Paragraph (

a) of

section 4 of the Bill makes the same change with -respect to the affidavit on application for a marriage license as is made by

section 2 of the Bill. Para graph (

b) of

section 4 of the Bill adds a new provision to

section 14, requiring an applircant for a marriage license to have a blood specirrien taken by a physician within fourteen days before the application or the first publication of banns and a ,certificate to that effect filed. Provision is made for the Minister, with the approval of the Lieutenant Governor in Council to make regulations providing for dispensing with this certificate under certain circumstances to be set out in the regulations. The amendment to

section 18, made by

section 5 of the Bill, requires monthly returns to be made by the issuers of marriage licenses jnstead of quarterly returns as now pro vided in

section 18. The new subsection (2a) added to the

section requires a clergyman who solemnizes a marriage after publication of banns to attach to the registration of marriage the certificate of publication of banns, the health affidavit, physician's certificate, etc., and forward them to the District Registrar within three days of the marriage. The Act is to come into force on July 1st, 1945. w. S. GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 63 .of 1945.

An Act to amend The Solemnization of Marriage Act. (Assented to , 1945.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the PrO'vince of Alberta, enacts a'S £ollows : 1. The Solemnization of Marriage Act, being -chapter 303 of the Revised Statutes of Alberta, 1942, is hereby amended as to

section 2,- (

a) by adding immediately after paragraph (

b) thereof, the foll.owing new paragraph: "(bb) 'Minister' means the Minister 'Of Health;"; (

b) by adding immediately at the end 'Of paragraph (

d) thereof the words "and includes the Deputy Reg istrar-General" . 2. The said Act is further amended as to

section 4 by inserting immediately after the word "then", where the same 'Occurs in the fourth line of paragraph (

b) thereof, the words "to the best ,of his knowledge". 3. The said Act is further amended as to

section 8 by adding immediately after subsection (1) thereof the fO'llow ing new subsectiO'n: " (la) The Registrar-General shall not ilssue a certificate O'f publicati.on of hanns pursuant to the prO'visi.ons of sub section (1) until he has been paid by the applicant the sum of three dollars for the certificate or certificates necessary for each marriage." 4. The said Act is further amended as to' se'ction 14,- (

a) by adding immediately after the word "then", where the same occurs in the third line of paragraph (

b) of ,subsecti.on (1) thereof, the words "to the best of his know ledge" ; (

b) by adding immediately after ,subsection (2) there.of the following new subsections: "

(3) No issuer shall issue a marriage license, nor shall any minister O'r clergyman publish the ,banns 'Of a marriage unless there has been filed with the issuer or with the minister O'r clergyman, as the case maybe, a certificate of a duly qualified physi cian registered in and for ,the Province 'Of Alberta

" (4) 2 in FDrm H of the

Schedule in respect 'Of each party to the intended marriage, certifying that a specimen 'Of blood for the serologic test for syphilis has been taken from the applicant and has been sent, or will be sent, to the Provincial Lab ora tory, or to a lab oratory approved by the Director of the Provincial Laboratory, and that the result of the test will be eonveyed to the applicant, and showing that the spe'Cimen was taken within fourteen days prior to the application for the license or the first publication of banns.

The Director of the Provincial Laboratory, or any approved laboratory, as the ,case may be, shall notify the Director of the Division of Social Hygiene of the Department of Public Health of the results of all tests made pursuant to the provisions of subsection (3) which are found positive, and if the Director of the Division of Social Hygiene is satisfied from the result of the test that treatment is required, he shall see that treatment is made available: "Provided, however, that if the said Director is not satisfied with the result of the first test, he may arrange to have further tests made. . "

(5) The Minister may, with the approval of the Lieutenant Governor in Council, make regulations providing under what drcumstances and in what ,cases and for what reasons an issuer may, notwith 'standing the provisions of subsection (3), issue a marriage license notwithstanding that the parties, or one of them, have not filed certificates or a certi ficate as required by that Isubse'ction. "

(6) The medical praetioner who takes a blood Ispecimen pursuant to subsection (3) shall be en titled to receive from the person whose blood sped men is taken, a fee not to exceed the sum of two dollars. ' "

(7) Eaeh is'suer and each clergyman who per forms a ceremony of marriage after publication of banns shall fDrward the eertifi'cates in Form H to the Registrar-General with their regular forms, pursuant to the prDvisions of The Vital Statistics Act. "

(8) The provisi'Ons 'Of this section, 'Other than paragraph (

a) of subsection (1), shall not apply to Indians living on Indian Reserves." 5. The said Act is further amended as to

section 18, (

a) by striking 'Out subsection (1) thereof and by sub stituting therefor ,the fDllowing: "

(1) Every issuer 'Of marriage licenses shall on the first day of each month make a sworn return to the Registrar-General of all licenses issued by him during the preceding month with the names of all the parties to whom issued, and shall accompany

3 the return with the original affidavits taken in each instance, to which shall be attached the health affidavits (Form E), the physieian's blood test 'certificates (F.orm H), together with any .other forms or do.cuments required under this Act. (

b) by adding immediately after subsection (2) thereof the fo.II.owing new subsectio.n: "(2a) When a marriage has been authorized by the publication of banns, the minister or dergyman so.lemnizing the same shall attach to. the registratio.n of marriage, the certificate of publicati.on of banns (Form D), the health affidavits (Form E), the physieian's blood test certificate (Form H), t.o gether with any other forms or documents required under this Act, and forwaTd them to. the District Registrar o.f Vital Statistics within three days o.f the date o.f the s.olemnization of the marriage. 6. The said Act is further amended by adding immedi ately after Form F in the

Schedule the f.ollowing new Form: "FORM H. "(Section 14.) "A,ddress ........................................................... . Date ................................................................. . "I certify that a specimen of blood fo.r the serolo.gic test for syphilis has been taken fro.m"" ..... " .... ,', ..... "., ....... , ...... , .... . of"" .. ,', ......... ,"",.,., .. , , ........ ,' ......... ,.,' on the"",,"',., .. ,',.,', .. , .. day .of .............................................. , 19 .......

" and has been sent, o.r will be sent, to. the Provincial Laboratory or to a laboratory approved by the Direotor of the Provincial Labo.ratory. The result of the test will be co.nveyed by me to the aforesaid " A phys~cian registered in and for the Province of Alberta." 7. This Act shall c.ome into force o.n the first day of July, 1945.

No. 63. FIRST SESSION TENTH LEGISLATURE 9 GEORGE VI 1945 BILL

An Act to amend The Solemnization of Marriage Act. Received and read the Firsttime ........ . Second time ..................................... . Third time. HON. DR. CROSS. EDMONTON: A. Shnltka, King's Printer 1945 Title: 1945 (10th, 1st) Bill 63,

An Act to amend The Solemnization of Marriage Act

Document details

Collection	Alberta — Bills
Citation	L10 S1 7588
Type	bill
Volume / chapter	L10 S1 7588
Language	en
Format	json
Source	PROVINCIAL
Identifier	640691d064228275ad4e07e7edecabe7a491fb55

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