Who can solemnize a marriage?

A religious representative who is registered under this Act has the authority to perform marriage ceremonies between two people who are both eligible to get married

Once a religious representative is registered under the Marriage Act and their name is recorded in the official register, it serves as solid proof that all the requirements for registration have been met and that the representative is authorized to solemnize marriages as long as their registration is valid.

It is against the law for anyone to officiate a marriage unless they fall into one of the following categories:

• A religious representative who is registered under this Act.

• A marriage commissioner who is acting in accordance with this Act.

• A designated member of a treaty first nation who has been authorized by the laws of that treaty first nation to perform marriages.

A designated member of a treaty first nation can only solemnize marriages between two people if at least one of the individuals is a member of that same treaty first nation, and neither person is legally disqualified from entering into a marriage.

Requirements

A religious representative or a designated member of a treaty first nation can only perform a marriage ceremony if a marriage license has been issued.

When a marriage is solemnized by a religious representative, there must be at least two witnesses present in addition to the representative. The ceremony must also be conducted publicly unless otherwise permitted by the marriage license.

A religious representative cannot perform a marriage unless the couple intending to marry has a valid marriage license that allows the representative to conduct the ceremony within 3 months of being issued the certificate.

To apply for a marriage license, the couple must submit an affidavit to the issuer of the marriage licenses. The affidavit can be made before the issuer or another authorized person if both parties cannot attend in person. The affidavit must be kept by the issuer until the license is issued. If the issuer is not satisfied with the accuracy of the statements in the affidavit, they can request additional evidence. The issuer may also require witnesses or examine the couple or other witnesses under oath to gather more information.

If a marriage is not solemnized within three months from the date of the issued license, the license becomes void, and the marriage cannot take place unless a new license is obtained.

Civil marriage

To get married before a marriage commissioner under this Act, the following conditions must be met:

• The marriage ceremony must be conducted in public with the presence of the marriage commissioner and at least two witnesses. (

• Each person getting married must declare in front of the marriage commissioner and witnesses, "I solemnly declare that I do not know of any legal reason why I, [person's name], cannot marry [other person's name]."

• Each person getting married must say to the other, "I want everyone here to witness that I, [person's name], choose [other person's name] to be my legally wedded spouse."

Getting remarried

A religious representative, marriage commissioner, or treaty first nation designate cannot perform a marriage between two parties who were previously married to each other and are not legally divorced, except in the following cases:

• If an order is issued by the registrar general.

A treaty first nation designate cannot perform a marriage between two parties who were previously married to each other and are not legally divorced unless an order is issued by the registrar general.

The registrar general can issue an order allowing the parties to remarry if they can demonstrate one of the following:

• There was a procedural error in the previous marriage proceedings, or

• The certificate or registration of the previous marriage has been lost, destroyed, or is unavailable due to circumstances beyond the control of the parties.

The registration of the remarriage and any related certificates will include information about the date and place of the previous marriage.

BC Marriage Act s. 7, 8, 9, 15-17, 20, 22