Marriage Restrictions
Marriage is the legal union of two individuals, excluding all others.
In order for a marriage to be official, both individuals must freely and willingly consent to marry each other.
No person under the age of 16 can enter into a marriage.
Before entering into a new marriage, previous marriages must be dissolved by death, divorce, or a court order declaring them null.
Religious officials have the right to refuse to perform marriages that go against their religious beliefs.
People and organizations cannot be deprived of benefits or face penalties solely based on their exercise of freedom of conscience, religion, or expression of beliefs regarding same-sex marriage.
A marriage is not considered void or voidable simply because the spouses are of the same sex.
If a marriage is performed in Canada and would be valid in Canada if the spouses were primary residents of Canada, it is considered valid under Canadian law, even if the spouses do not have the legal capacity to marry according to their respective state of residency.
The above provision applies retroactively to marriages that would have been valid under the law of the province where they were performed, except for the lack of capacity of the spouses according to their respective state of domicile.
Any court order declaring a marriage null or granting a divorce, made before the relevant legislation, dissolves the marriage for the purposes of Canadian law from the day the order takes effect.
Canada Civil Marriage Act s. 2-5