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O. Reg. 419/20: GENERAL

filed July 22, 2020 under Marriage Act, R.S.O. 1990, c. M.3

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ontario regulation 419/20

made under the

Marriage Act

Made: May 29, 2020
Filed: July 22, 2020
Published on e-Laws: July 22, 2020
Printed in The Ontario Gazette: August 8, 2020

Amending Reg. 738 of R.R.O. 1990

(GENERAL)

1. Section 1 of Regulation 738 of the Revised Regulations of Ontario, 1990 is amended by adding the following subsection:

(4) Despite subsection (3), no fee is payable for a licence if Schedule 1 (Replacement of Non-Extendable Licence — Declaration of Emergency) applies.

2. Section 5 of the Regulation is amended by adding the following subsection:

(4) Subsection (1) does not apply in respect of a licence if Schedule 1 (Replacement of Non-Extendable Licence — Declaration of Emergency) applies.

3. The Regulation is amended by adding the following Schedule:

Schedule 1
Replacement of Non-Extendable Licence — Declaration of Emergency

No fee is payable for a licence, and subsection 5 (1) of this Regulation does not apply in respect of a licence, if the issuer is satisfied that all of the following conditions are met:

1.  The parties to the intended marriage were previously licenced to marry each other in Ontario under a licence issued during a period described in paragraph 1 of Schedule 1 (Extension — Declaration of Emergency) of the Act.

2.  The period in which a marriage may be solemnized under the authority of the previous licence is not extended under Schedule 1 (Extension — Declaration of Emergency) of the Act because a condition under paragraph 2 of that Schedule is not met.

3.  An application for the new licence is received by the issuer during the period described in paragraph 3 of Schedule 1 (Extension — Declaration of Emergency) of the Act.

4.  The previous licence is returned to the issuer of the new licence, unless the issuer of the new licence is satisfied that the previous licence is lost or destroyed or is unavailable to the parties to the intended marriage for some other reason. For greater certainty, the previous licence is to be returned to the issuer of the new licence, even if the issuer of the new licence did not issue the previous licence.

Commencement

4. This Regulation comes into force on the day it is filed.