BILL 30

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 Subsection 17(1) of the Marriage Act, chapter 188 of the Revised Statues, 2011, is amended

(a)  by repealing paragraph b) of the French version and substituting the following:

b)  la déclaration selon laquelle elle croit qu’il n’y a aucune affinité, aucune consanguinité ou aucun mariage antérieur ou autre cause ou empêchement légal faisant obstacle à la célébration du mariage;

(b)  by repealing paragraph (c) and substituting the following:

(c)  the age of the deponent and that the other contracting party is of the full age of 18 years, or the age of that contracting party if he or she is 16 years of age or over but under 18 years of age;

(c)  by repealing paragraph (d) and substituting the following:

(d)  the facts necessary to enable the issuer to judge if the required consent has been given in the case of a party 16 years of age or over but under the age of 18 years, or if that consent is necessary;

(d)  in subparagraph (e)(iv) of the English version by striking out “and” at the end of the subparagraph;

(e)  by adding after paragraph (e) the following:

(e.1)   that the deponent gives his or her free and informed consent to become the spouse of the other contracting party; and

2 The heading “Party to marriage under age of 18” preceding section 20 of the Act is repealed and the following is substituted:

Party to marriage 16 years of age or over but under the age of 18 years

3 Subsection 20(1) of the Act is amended by striking out “under the age of 18 years” and substituting “16 years of age or over but under the age of 18 years”.

4 The Act is amended by adding the following after section 20:

No solemnization of a marriage to a party under the age of 16 years

20.1 No marriage of a person under the age of 16 years shall be solemnized and no licence shall be issued to a person under the age of 16 years.

5 The heading “Party to marriage under age of 16” preceding section 21 of the Act is repealed.

6 Section 21 of the Act is repealed.