Bill 925 — Marriage Act (46th General Assembly, 2nd Session)

Bill 925

Newfoundland and Labrador — Bills

Bill 925 — Marriage Act (46th General Assembly, 2nd Session)

Bill 925

Newfoundland and Labrador — Bills

Second Session,

46th General Assembly

58 Elizabeth II,

BILL 25

AN ACT RESPECTING MARRIAGE IN THE

PROVINCE

Received

and Read the First Time ............................................. May 14, 2009

Second

Reading ........................................................................ May 25, 2009

Committee .............................................................

Amendment

May 25, 2009

Third

Reading .................................................................................................

Royal

Assent ...................................................................................................

HONOURABLE KEVIN

O'BRIEN

Minister of

Government Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would repeal and replace

the Solemnization of Marriage Act to revise

and consolidate the law respecting marriages in the province .

A BILL

AN ACT RESPECTING MARRIAGE IN THE PROVINCE

Analysis

Short title

Interpretation

Labrador Inuit rights

Persons who may perform marriage

Registration of clergy

Requirements for registration

Marriage by the Baha'i Faith

Inuit marriage

Minister may cancel authorization to

perform marriages

Appeal

Appointment of marriage commissioners

Form of ceremony

Licence requirements

Appointment of issuers

Form of marriage licence

Application requires affidavit

Issuer to state particulars

Restrictions on issuing a licence

Written consent required

Evidence

Powers of issuer

Person divorced in Canada

Requirements after marriage performed

Return of marriage register to issuer

Record kept by issuer

Duties of issuers

Secrecy

Error

Offence and penalty

Offence and penalty - issuer

Consent required

Protection for action in good faith

Fees and forms

RSNL1990 cS-19 Rep.

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

(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 Provincial Court , the Trial Division or the Unified Family Court, as the context requires ;

(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

(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

(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

(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

(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

(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 St. John's ,

the mayor of the City of Corner

Brook and the mayor of

the City of Mount Pearl and Provincial

Court judges are, by

virtue of their office, marriage commissioners for the purposes of the Act.

(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

(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

(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

(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

(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

(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

(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

(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

(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

(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 Canada

(1) An

issuer shall not issue a licence to a person whose previous marriage has been

dissolved or annulled in Canada

unless the person files with the issuer

(

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

Canada unless that person files with the issuer

(

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

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

(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

(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

(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 to 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

(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

(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 October 1, 2009 .

Earl G. Tucker, Queen's Printer

Document details

CollectionNewfoundland and Labrador — Bills
CitationBill 925
Typebill
Volume / chapterga46session2 bill0925
Languageen
Formathtm
SourcePROVINCIAL
Identifier69359cb22e3543a6bed85f68a60aa156c1d15adc

Source file is stored in the law ingest library (htm).