Marriage Act
Loi sur le mariage
R.R.O. 1990, REGULATION 738
GENERAL
Consolidation Period: From July 22, 2020 to the e-Laws currency date.
Last amendment: 419/20.
Legislative History: 327/91, 726/91, 352/95, 418/96, 170/97, 441/98, 285/04, 301/04, 302/05, 419/20.
This Regulation is made in English only.
0.1 In this Regulation,
“Registrar General” means the Registrar General as defined in section 1 of the Vital Statistics Act. O. Reg. 302/05, s. 1.
1. (1) Under section 42 of the Vital Statistics Act, the Registrar General may require the use of forms, statutory declarations or affidavits supplied by the Registrar General for the purposes of any provision of the Act or the regulations. O. Reg. 302/05, s. 2 (1).
(2) Revoked: O. Reg. 302/05, s. 2 (1).
(3) Subject to section 16 of the Act, an applicant for a licence shall pay a fee of $75 on the issue of the licence. O. Reg. 418/96, s. 1.
(4) Despite subsection (3), no fee is payable for a licence if Schedule 1 (Replacement of Non-Extendable Licence — Declaration of Emergency) applies. O. Reg. 419/20, s. 1.
1.1 For the purposes of subsection 24 (1) of the Act, the clerk of a local municipality is authorized to solemnize marriages under the authority of a licence. O. Reg. 285/04, s. 1.
2. (1) The parties to the marriage shall complete the particulars of the statement of marriage required by the Registrar General and leave it with the person who will solemnize the marriage or who will perform the duties imposed by the Act in accordance with subsection 20 (4) of the Act. R.R.O. 1990, Reg. 738, s. 2 (1); O. Reg. 302/05, s. 3 (1).
(2) The following persons shall complete the statement of marriage and the marriage register, both of which are required by the Registrar General:
1. The parties to a marriage.
2. Two witnesses to the marriage.
3. The person who solemnized the marriage or who performed the duties imposed by the Act in accordance with subsection 20 (4) of the Act. O. Reg. 302/05, s. 3 (2).
(3) Every person who solemnizes a marriage or who performs the duties imposed by the Act in accordance with subsection 20 (4) of the Act shall forward the statement of marriage duly completed in accordance with subsections (1) and (2) to the Registrar General within two days following the day of the marriage. R.R.O. 1990, Reg. 738, s. 2 (3); O. Reg. 302/05, s. 3 (3).
3. (1) A fee of $75 is payable for the solemnization of a marriage by a judge or a justice of the peace. O. Reg. 418/96, s. 2.
(2) The judge or justice of the peace who receives the fee shall remit it to the Minister of Finance. O. Reg. 418/96, s. 2.
3.1 Revoked: O. Reg. 441/98, s. 2.
4. The duties of an issuer of licences are,
(a) to requisition from the Minister and maintain on hand sufficient supplies of licences and other forms required by the Registrar General; and
(b) to ensure that every applicant for a licence is aware of the prohibited degrees of affinity and consanguinity. R.R.O. 1990, Reg. 738, s. 4; O. Reg. 302/05, s. 4.
5. (1) For each licence issued, the issuer of the licence shall remit $48 to the Minister of Finance and retain $27. O. Reg. 418/96, s. 3.
(2) Where the issuer is the clerk of a municipality, the council of the municipality may commute the issuer’s fees provided for in subsection (1) for a fixed sum payable annually by the municipality to the issuer, in which case the fees that would otherwise be retained by the issuer shall belong to the municipality. R.R.O. 1990, Reg. 738, s. 5 (2).
(3) Where the council and the issuer do not agree upon the amount of the commutation, the amount may be fixed by a judge. R.R.O. 1990, Reg. 738, s. 5 (3).
(4) Subsection (1) does not apply in respect of a licence if Schedule 1 (Replacement of Non-Extendable Licence — Declaration of Emergency) applies. O. Reg. 419/20, s. 2.
6. Revoked: O. Reg. 301/04, s. 1.
Form Revoked: 1998, c. 18, Sched. E, s. 182.
FormS 2-9 Revoked: O. Reg. 302/05, s. 5.
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.
O. Reg. 419/20, s. 3.