Solemnization of a Marriage
Who may solemnize a marriage?
Authorized Persons:
Only a person who is authorized under the Marriage Act can solemnize a marriage.
Every person who is registered under the Act is authorized to perform marriage ceremonies.
A judge of any court in the province is also authorized to solemnize marriages.
Designated Justice of the Peace:
The Minister of Justice has the power to designate a justice of the peace to solemnize marriages.
Temporary Authorization:
If a judge or any other person authorized to solemnize marriages in another province is temporarily in the province, they can apply to the Minister of Justice to be designated for solemnizing a marriage in that province.
Registration process for religious members:
The Registrar can register ministers, clerics, or religious representatives of a religious body to solemnize marriages.
The registration application can be made by the governing authority of the religious body or the person seeking registration.
Upon registration, the Registrar issues a certificate for each registered person and maintains a register with their names, the religious body they belong to, and the date of registration.
Conditions for registration:
To be registered, the person must satisfy the Registrar that:
They are duly ordained or appointed according to the rites of their religious body.
They are recognized by their religious body as authorized to solemnize marriages.
Their religious body is well-established with recognized rites and usages for marriage solemnization.
They are a resident of the province.
Temporary Registration:
If a minister, cleric, or religious representative is temporarily in the province and would meet the registration criteria if they were a resident, the Registrar may grant them temporary registration for a fixed period.
Conditions for valid marriage in Province
In order for a marriage to be valid, it must:
be solemnized by a person authorized by the Marriage Act to solemnize marriage (listed above); and
have received a license for the solemnization of the marriage.
Requirements
Required Notice and Witnesses:
Before solemnizing a marriage, the person officiating (minister, cleric, religious representative, judge, or justice) must receive notice of the parties' names, places of residence, occupation, age, and marital status at least three days prior, unless exceptional and urgent circumstances exist.
A marriage license must be valid at the time of solemnization; otherwise, the marriage cannot proceed.
Every marriage must be solemnized in the presence of at least two witnesses who are at least sixteen years old.
Solemnization of Marriage by a Judge or Justice:
A judge or a justice of the peace designated by the Minister of Justice can solemnize a marriage with a valid marriage license.
The ceremony does not require a specific form, but it must include certain declarations and statements:
Each party declares that they are not aware of any legal impediment to the marriage.
Each party says to the other their intent to marry.
The judge or justice pronounces them married based on the authority given by the Marriage Act.
If the parties desire a religious ceremony in addition to the civil one, the certificate of marriage issued by the judge or justice is sufficient authorization for a minister, cleric, or religious representative to perform the religious ceremony.
Nova Scotia Marriage Act s. 4, 5, 15, 22, 23