BILL 58

An Act to Amend the Marriage Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Marriage Act, chapter 188 of the Revised Statutes, 2011, is amended

(a)  in the definition “cleric” by adding “or a civil officiant” after “a clerk of the Court”;

(b)  by adding the following definitions in alphabetical order:

“civil officiant” means a person appointed under section 5.2 to solemnize marriages in the Province. (célébrant civil)

“member of the Law Society of New Brunswick” has the same meaning as in the Law Society Act, 1996, and includes persons holding categories of membership created under paragraph 16(2)(c) of that Act. (membre du Barreau du Nouveau-Brunswick)

2 The Act is amended by adding after section 1 the following:

CLERICS

3 The heading “Persons entitled to solemnize marriage” preceding section 2 of the Act is repealed and the following is substituted:

Clerics may solemnize marriage

4 The heading “Clerk of Court may solemnize marriage” preceding section 3 of the Act is repealed.

5 Section 3 of the Act is repealed.

6 The heading “Registration of persons entitled to solemnize marriage” preceding section 4 of the Act is repealed and the following is substituted:

Registration of clerics

7 The heading “Temporary registration” preceding section 5 of the Act is repealed and the following is substituted:

Temporary registration of clerics

8 The Act is amended by adding after section 5 the following:

Departure of cleric

5.1( 1) The ecclesiastical authority or governing body of a church or religious denomination whose clerics are registered as authorized to solemnize marriage under this Act shall notify the Registrar of the name of any cleric belonging to that church or religious denomination who

(a)  has moved from the Province, on the cleric’s departure,

(b)  has ceased to belong to, or for any other reason is no longer charged with the solemnization of marriage by, that church or religious denomination, within 30 days after that cleric has ceased to belong to, or is no longer charged with the solemnization of marriage by, that church or religious denomination, or

(c)  has died.

5.1( 2) A cleric who is registered under this Act shall notify the Registrar without delay when the cleric moves from the Province or ceases to belong to, or for any other reason is no longer charged with the solemnization of marriage by, the church or religious denomination to which the cleric belongs or belonged.

CIVIL OFFICIANTS

Appointment of civil officiants

5.2( 1) On application to the Registrar on the form provided by him or her and accompanied by the fee prescribed by regulation, the Registrar may appoint a member of the Law Society of New Brunswick who meets the eligibility criteria prescribed by regulation, as a civil officiant authorized to solemnize marriages in the Province.

5.2( 2) An applicant shall furnish any information to the Registrar that the Registrar requires to determine whether the applicant is eligible to be appointed as a civil officiant.

5.2( 3) The Registrar shall refuse to appoint a person as a civil officiant if the person

(a)  does not furnish the information required by the Registrar to determine his or her eligibility to be appointed,

(b)  has already had his or her appointment as a civil officiant revoked for cause and the Registrar does not consider that it is in the public interest to reappoint the person.

Civil officiant may solemnize marriage

5.3( 1) A civil officiant who is duly registered under this Act may solemnize the ceremony of marriage between two persons who are lawfully entitled to contract the marriage.

5.3( 2) The Registrar shall issue to a civil officiant a certificate of registration authorizing him or her to solemnize marriage in the Province.

Annual update

5.4 Each year on or before the anniversary date of his or her appointment, a civil officiant shall file with the Registrar a renewal form provided by the Registrar accompanied by the fee prescribed by regulation.

Ceasing to be eligible

5.5 A person appointed as a civil officiant who ceases to meet the eligibility criteria for the appointment shall notify the Registrar without delay.

Suspension from the Law Society

5.6( 1) A civil officiant who is suspended from the practice of law under The Law Society Act shall not solemnize a marriage for the duration of the suspension.

5.6( 2) A civil officiant referred to in subsection (1) shall, without delay, notify the Registrar of his or her suspension and of any end to the suspension.

Revocation of appointment - not filing renewal form

5.7( 1) If a civil officiant has not filed a renewal form or paid the prescribed fee as required under section 5.4, the Registrar shall notify him or her in writing that his or her appointment as a civil officiant shall be revoked if the form is not filed or the fee is not paid within 60 days after receiving the notice.

5.7( 2) If a civil officiant does not file a renewal form or pay the prescribed fee within 60 days after receiving the written notice in subsection (1), the Registrar shall revoke the appointment of that person without further notice.

Revocation of appointment - ceasing to be a member of the Law Society

5.8( 1) The Registrar shall revoke the appointment of a civil officiant who ceases to be a member of the Law Society of New Brunswick without prior notice or a hearing.

5.8( 2) The Registrar shall send a notice to a person whose appointment as a civil officiant has been revoked.

Revocation of appointment - for cause

5.9( 1) The Registrar may revoke the appointment of a civil officiant for the following reasons:

(a)  he or she no longer meets the eligibility criteria prescribed by regulation; or

(b)  for cause.

5.9( 2) Before revoking an appointment under paragraph (1)(a) or (b), the Registrar shall hold a hearing in which the civil officiant shall be given an opportunity to be heard.

5.9( 3) The Registrar shall give notice of a hearing under subsection (2) to the civil officiant at least ten days before the date of the hearing.

CLERKS OF THE COURT

Clerk of Court may solemnize marriage

5.91( 1) A clerk of the Court may solemnize the ceremony of marriage between any two persons who are lawfully entitled to contract the marriage.

5.91( 2) The Registrar shall issue to a clerk of the Court a certificate of registration authorizing him or her to solemnize marriage in the Province.

5.91( 3) Despite subsection (2), a ceremony of marriage solemnized by a clerk of the Court is not invalid by reason only that the Registrar has not issued to the clerk of the Court a certificate of registration.

5.91( 4) A clerk of the Court may only solemnize a ceremony of marriage during the normal office hours of the Court.

9 The Act is amended by adding after section 5.91 the following:

REGISTER

10 Section 7 of the Act is repealed and the following is substituted:

Registrar to keep register

7 The Registrar shall keep or cause to be kept a register showing the following:

(a)  the names of all persons registered as authorized to solemnize marriages;

(b)  if applicable, the person’s status as a cleric and the church or religious denomination to which he or she belongs;

(c)  if applicable, the person’s status as a civil officiant;

(d)  if applicable, the person’s status as a clerk of the Court; and

(e)  the date a person is registered and, if applicable, the date of the cancellation and revocation of the person’s authority to solemnize marriage.

11 The heading “Departure of cleric” preceding section 10 of the Act is repealed.

12 Section 10 of the Act is repealed.

13 The Act is amended by adding before section 11 the following:

LICENCES AND SOLEMNIZATION OF MARRIAGES

14 The heading “Marriage licence” preceding section 11 of the Act is repealed and the following is substituted:

Solemnization of marriage by a cleric

15 Subsection 13(3) of the Act is amended by striking out “a certificate of the clerk” and substituting “a statement of marriage, referred to in section 26, provided by the clerk certifying”.

16 The Act is amended by adding after section 13 the following:

Solemnization of marriage by a civil officiant

13.1( 1) A civil officiant may solemnize a marriage for which a marriage licence has been issued.

13.1( 2) If the parties to a marriage solemnized by a civil officiant desire a religious ceremony as well, a statement of marriage, referred to in section 26, provided by the civil officiant certifying that he or she has solemnized the marriage shall be sufficient authorization to a cleric to perform a religious ceremony.

13.1( 3) A civil officiant who solemnizes a marriage shall prepare and transmit a registration of marriage form required under the Vital Statistics Act, but a cleric who performs a religious ceremony after the marriage has been solemnized by a civil officiant is not required to prepare and transmit that form in respect of the marriage.

17 Section 16 of the Act is amended by striking out “cleric” and substituting “cleric, a civil officiant”.

18 Section 25 of the Act is amended

(a)  by repealing subsection (3) and substituting the following:

25( 3) The licence to marry shall be left with the person who solemnized the marriage, and that person shall without delay after the solemnization endorse on the licence the date and place of the marriage and the names and descriptions of the witnesses and preserve the licence as his or her authority for the solemnization of the marriage as follows,

(a)  if the marriage was solemnized by a cleric, in the records of his or her church or congregation,

(b)  if the marriage was solemnized by a civil officiant, at his or her office or residence, for the period of time and in accordance with the standards prescribed by regulation, if any, or

(c)  if the marriage was solemnized by a clerk of the Court, in the records of his or her court.

19 The Act is amended by adding after section 26 the following:

MISCELLANEOUS

20 Subsection 29(1) of the Act is amended by striking out “section 10” and substituting “section 5.1”.

21 Section 32 of the Act is amended

(a)  by adding after paragraph (c) the following:

(c.1)  establishing eligibility criteria for civil officiants for the purpose of subsection 5.2(1), including limiting eligibility to certain categories of members of the Law Society of New Brunswick;

(b)  by adding after paragraph (d) the following:

(d.1)  prescribing the period of time and standards for preserving a licence for the purposes of paragraph 25(3)(b);

22 Despite subsection 5.91(4) of the Act, for 90 days after the commencement of this section a clerk of the Court may solemnize a ceremony of marriage outside the normal office hours of the Court.

23 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.