Requirements

No marriage can take place unless it is authorized by a marriage license issued according to this law or by the public announcement of banns.

Any adult can get a marriage license or be married through the publication of banns, as long as there is no legal reason to prevent the marriage from taking place.

• it is not allowed to give a marriage license to a minor or perform a marriage for a minor through the public announcement of banns unless the minor is at least sixteen years old and has written consent from both parents in the specific format required by the regulations.

It is not permitted to give a marriage license or perform a marriage ceremony for someone who, based on what the person issuing the license or performing the ceremony knows or reasonably believes, is mentally incapable of getting married due to being under the influence of alcohol or drugs or for any other reason.

Prior marriage

If someone has been previously married and their marriage has been legally dissolved or annulled in Ontario, they can apply for a marriage license.

They need to provide proof of the dissolution or annulment, such as

• a final decree or judgment,

• a certified copy of the decree or judgment, or

• a certificate of divorce.

If the dissolution or annulment occurred outside of Canada, they need to obtain written authorization from the Minister and provide the required documentation. If an issuer refuses to issue the license, the applicant can seek a judicial review from the Divisional Court to determine if they are entitled to the license.

If there is an official order issued that the person that the applicant was previously married has died, they may obtain a marriage license the publication of banns.

• The individual seeking the license must provide a certified copy of the order to the issuer of the license.

Religious marriage

There are two main categories for registration:

1. Religious Body:

   • The Minister may register a person if they are ordained or appointed according to the rites and usages of their religious body.

   • The person must be recognized by their religious body as authorized to solemnize marriages according to its customs.

   • The religious body must be permanently established and have continuity in its existence and rituals.

   • The person must be a resident of Ontario or their parish or pastoral charge must be in Ontario.

   Exception for Residency:

   • In some cases, a person who is temporarily in Ontario and meets the registration criteria, but is not a resident, may be registered for a specific period as authorized by the Minister.

2. Band, First Nation, Métis or Inuit Organization, or Indigenous Entity:

   • The Minister may register a person if they belong to a band, First Nation, Métis or Inuit organization or community, or a permanently established Indigenous entity located in Ontario.

   • The person must be recognized by the respective band, organization, community, or entity as entitled to solemnize marriages according to their customs and traditions.

If there are no recognized persons authorized to solemnize marriages within a religious body or Indigenous group, the Minister may register a designated person authorized by the governing authority of that body or group. Marriages solemnized by a registered person in accordance with the customs and traditions of the respective religious body or Indigenous group are considered valid.

Civil marriage

the following people are allowed to perform marriage ceremonies with a license:

1. Judges appointed by the federal, provincial, or territorial government in Canada, including supernumerary judges with full authority.

2. Associate judges under the Courts of Justice Act.

3. Justices of the peace under the Justices of the Peace Act.

4. Persons designated by the regulations.

There is no specific required form for the ceremony, except that during the ceremony, each party must declare that they have no lawful reason why they cannot marry the other person. They also need to say that they take the other person as their lawful spouse, and the person performing the ceremony pronounces them married.

The ceremony can be conducted in English or French. The marriage must be witnessed by the parties getting married and at least two witnesses who will sign the marriage register.

If the marriage is conducted through the publication of banns, proof of the publication must be provided to the person conducting the ceremony. For marriages conducted through banns, the ceremony cannot take place earlier than the fifth day after the banns have been published.

Ontario Marriage Act s. 4, 5, 7, 8, 9, 20-20.3, 24-26