Marriage Amendment Act, 2018 Wong, Soo — Bill 41 (41st Parliament, 3rd Session)

Bill 41, 41-3

Ontario — Bills

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Bill 41, Marriage Amendment Act, 2018

Wong, Soo

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Status

Debates

Acts affected

Original

[41] Bill 41 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Marriage Act by adding a new

section 7.1 allowing any person to lodge a caveat with an issuer of marriage

licences objecting to the marriage of the person named in the caveat. Once a

caveat is lodged, the issuer cannot issue a marriage licence until the matter

is looked into and the issuer is satisfied that the objection set out in the

caveat should not obstruct the marriage. The issuer's decision may be appealed

to the Registrar General.

Bill 41 2018

Act to amend the Marriage Act

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

The Marriage Act is amended by adding the following

section:

Caveat

against issuance of licence

7.1

(1) Any

person who pays the prescribed fee may lodge with an issuer a caveat against

the issuing of a licence for the marriage of a person named in the caveat.

Information

to provide in caveat

(2) A

caveat under subsection (1) must be in the prescribed form, signed by or on behalf

of the person who lodged it and shall contain,

(

a) the

person's contact information;

(

b) the

ground of objection on which the caveat is founded; and

(

c) any

other prescribed information.

issuance of licence until caveat resolved

(3) If

a caveat is lodged with an issuer under subsection (1), no marriage licence may

be issued by the issuer to the person named in the caveat until,

(

a) the

issuer has inquired into the matter of the caveat and is satisfied that it

ought not to obstruct the issuing of the licence; or

(

b) the

caveat is withdrawn by the person who lodged it.

Notice

of decision

(4) If

the issuer decides against the person lodging the caveat, the issuer shall advise

the person of the issuer's decision in writing within 10 business days.

Appeal

(5) The

issuer's decision under subsection (4) may be appealed to the Registrar General

within five business days by,

(

a) filing

a notice of appeal stating the grounds of the appeal with the Registrar

General; and

(

b) providing

the issuer a copy of the notice of appeal.

issuance of licence until appeal resolved

(6) The

issuer shall not issue a marriage licence to the person named in the caveat

until the appeal is resolved by the Registrar General who may confirm the

refusal or direct the issuer to issue the marriage licence.

Referral

to Registrar General

(7) The

issuer may, in case of doubt, refer the matter of the caveat to the Registrar General

for advice.

Section 34 of the Act is amended by adding the following clauses:

(b.1) prescribing

the amount of the fee for lodging a caveat under subsection 7.1 (1);

(b.2) prescribing

the information to be provided for the purposes of clause 7.1 (2) (c);

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Marriage Amendment Act,

2018 .

Date Bill stage Activity Committee

April 10, 2018

First Reading

Carried

Debates and Progress

First Reading

April 10, 2018

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 41

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Marriage Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 41, 41-3
Type	bill
Volume / chapter	p41 s3 bill 41 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	f45b14e74e497a5ba37f75d5e6d2e1b5b3c299ef

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