Who can solemnize a marriage?

The authorized person can be:

• A member of the clergy, such as a priest, minister, rabbi, or someone in a similar position in a religious denomination.

• An official of a religious denomination who has been duly ordained or appointed according to the practices of their religious group.

• A representative of a religious denomination who has been specially appointed or commissioned by the governing body of that religious group to perform marriages.

• The authorized person has the ability to conduct marriage ceremonies between any two individuals who are legally eligible to get married.

A person who is authorized to solemnize marriage ceremonies under this law cannot perform a marriage ceremony between two individuals unless:

• They have been specifically authorized to do so by a marriage license issued by the director.

• The intention of the two individuals to marry has been publicly announced through banns, as outlined in the law.

If a marriage is going to be solemnized through the publication of banns, the intention to marry must be publicly announced during a religious service.

• If the couple attends the same church in Manitoba, the announcement should be made at that church.

• If the couple attends different churches in Canada, with at least one of them in Manitoba, the announcement should be made in each of those churches.

• The announcement must be made audibly, in a voice that can be heard by the congregation, during a religious service.

Time limitations

If a marriage is going to be solemnized based on a public proclamation of intention to marry, the proclamation must be made at least seven days before the marriage.

The marriage must take place within three months from the day the proclamation was made.

If a marriage is going to be solemnized based on a marriage license, it must take place within three months from the date the license was issued.

Additionally, if a marriage license has been issued, the person authorized to solemnize the marriage must wait at least 24 hours after the issuance of the license before performing the ceremony, unless there are exceptional circumstances that make it necessary to waive the waiting period.

Requirements

A marriage cannot be solemnized without the presence of at least two credible witnesses. These witnesses must sign the statement of marriage form under The Vital Statistics Act.

The person who issued the marriage license is not allowed to solemnize the marriage, except in the case where the person solemnizing the marriage is the Registrar or a deputy registrar of the Court of King's Bench.

Affidavit prior to issuance of a license

Before a marriage license is issued or any public announcement of intent to marry is made, both individuals planning to marry must personally appear together before the issuer or the person conducting the announcement. They will be separately examined, and then in each other's presence, they will make a legal declaration stating the following:

• The municipality or district where they intend to have the marriage ceremony, including the specific town, village, or location within that area.

• Their belief that there are no legal barriers or impediments, such as blood relations, previous marriages, or any other lawful reason that would prevent the marriage from taking place.

• The age of the person making the declaration and confirming that the other party is either 18 years of age or older or stating the actual age if they are under 18 years old.

• The marital status of each individual, whether they have never been married before, are widowed, or divorced.

If under 18 years old

If one of the individuals intending to marry is under the age of 18, certain conditions must be met before a marriage can take place. No one who knows or has been informed of the underage party's age can issue a marriage license, publish marriage banns, grant a dispensation for the publication of banns, or perform the marriage ceremony, unless:

• The underage party is a widowed spouse or has been divorced, or

• If the underage party is 16 years of age or older and does not have custody granted to an agency or the Director of Child and Family Services, consent for the marriage must be given by:

  • The living parents of the underage party, if they are alive,

  • The surviving parent if one parent is deceased,

  • The parent with whom the underage party is living if the parents are separated

  • The other parent if one parent has a committee appointed under The Mental Health Act or if, in the opinion of the attending physician, they are incapable of giving consent.

  • The guardian of the underage party if both parents are deceased or unable to give consent

  • If the underage party is 16 years of age or older and custody has been granted to an agency or the Director of Child and Family Services, consent for the marriage must be given by the Director of Child and Family Services.

  • Consent for the marriage is given by a judge of the Family Court.

Manitoba Marriage Act s. 2, 8, 9, 18, 21