Who can solemnize a marriage?

Only two types of people are allowed to perform wedding ceremonies:

• A member of the clergy who is registered under the Marriage Act. This refers to religious leaders who have been officially recognized and authorized to solemnize marriages.

• A marriage commissioner who has been appointed under the Marriage Act. Marriage commissioners are individuals who have been given the authority to officiate weddings and perform the legal requirements of marriage ceremonies.

Marriage commissioner

The Minister has the power to appoint adult residents of Canada as marriage commissioners for Alberta or specific districts within Alberta. These appointments are typically for terms of 5 years or less.

When a marriage commissioner performs a marriage ceremony, there is no specific required format or script, except for two important declarations that must be made:

• Each person getting married must declare, in the presence of the marriage commissioner and witnesses, that they are not aware of any legal reasons why they cannot marry their partner.

• Each person getting married must say to their partner, in front of everyone present, that they choose them to be their legally married spouse.

If the couple wishes to have a religious ceremony in addition to the marriage ceremony performed by the marriage commissioner, they can use a proof of marriage document provided by the marriage commissioner. This document gives authorization for a member of the clergy to perform the religious ceremony.

The religious ceremony performed in addition to the marriage ceremony by the marriage commissioner does not replace or override the legal marriage performed by the commissioner. This Act does not apply to the religious ceremony, and it should not be registered as a marriage under the Vital Statistics Act.

Requirements

No person is allowed to officiate a marriage unless they have been given the authority to do so through a marriage licence issued under this Act.

• Once the license is issued, the marriage ceremony must take place within 3 months from the date the license was issued.

When a marriage is solemnized, it must have at least two adult witnesses present along with the parties getting married.

If one or both of the parties don't understand the language used in the ceremony, an interpreter must be present to explain its meaning to them.

After the marriage ceremony, the person who officiates the marriage is required to provide the parties with a proof of marriage document. This document includes the names of the parties, the date and place of the marriage, and the names of the witnesses.

• The marriage must also be registered as mandated by the Vital Statistics Act.

Previous marriage

When a previous marriage has been dissolved, the applicant must wait for at least 21 days after the final decree or order of nullity before a marriage licence can be issued. They also need to provide a certificate from the court confirming no appeal or evidence of the appeal's final disposal.

• If the previous divorce or annulment took place outside Alberta, the applicant needs to provide a certificate or other satisfactory evidence of the dissolution or annulment to the issuer.

Under 18

No person shall issue a marriage license or solemnize a marriage for any persons under the age of 16.

If any party is under the age of 18, consent from their guardian(s) is required, and the issuer must receive all necessary consents or an order dispensing with consent before issuing the licence. The issuer may send a notice to the guardians explaining the marriage application unless all consents have been provided or alternative arrangements are made.

• The consent form provided by the Registrar may need to comply with certain regulations, but the Registrar can authorize the issuer to accept alternative documents that demonstrate consent in specific circumstances.

Alberta Marriage Act s. 3, 8, 9, 10, 11, 13, 15, 16, 18, 19