How To Officiate A Wedding In Canada: A Step-By-Step Guide

Can I officiate a wedding in Canada?

If you're planning to officiate a wedding in Canada, there are a few things you need to know. Firstly, it's important to understand that marriage laws in Canada are governed by each province individually, so the requirements may vary depending on the location of the wedding. However, some general guidelines and requirements remain consistent across the country.

In Canada, weddings must be officiated by a licensed individual, such as a marriage commissioner, a licensed officiant, or a solemnized religious representative. The specific requirements to become a licensed officiant may differ across provinces, but typically, individuals must be ordained or licensed by an organization approved by the respective province. It is essential to check the regulations of the specific province where the wedding will take place to ensure compliance with all legal requirements.

Additionally, it's important to note that online ordination may not be recognized in all areas of Canada. While some provinces may accept online ordination, others might require more traditional forms of ordination or licensing. Therefore, it is crucial to verify the specific regulations and requirements of the province in which the wedding will be held.

To legally officiate a wedding in Canada, it is necessary to follow the marriage laws and regulations established by the respective province. By adhering to these guidelines, you can ensure that the wedding ceremony is valid and recognized by the appropriate authorities.

Who can officiate a wedding in Canada?

In Canada, weddings must be officiated by a marriage commissioner, licensed officiant, or solemnised religious representative. The marriage licence must be signed and sent off by someone who is licensed to officiate weddings.

Marriage commissioners

Marriage commissioners are government officials who perform non-religious wedding ceremonies in their specific geographic area. They must be semi-retired or retired, mature, and known/active in their community. There is no required training or experience needed to become a marriage commissioner. Many follow a set script and have specific wording they must include in their ceremonies. Marriage commissioners are often cheaper than wedding officiants, but they are only allowed to perform weddings in their specific geographic area.

Wedding officiants/celebrants

Wedding officiants and celebrants are interchangeable terms, with "officiant" being used more often in North America, and "celebrant" heard more in the UK or Australia. Wedding officiants usually undergo specific training in performing weddings and have experience with weddings, events, or public speaking. Officiants have more freedom to perform weddings throughout the province and can write custom ceremonies. They usually cost more than marriage commissioners but offer a more personalised experience.

Religious representatives

Some religious leaders are also licensed as wedding officiants, but not all. An ordained minister can perform a wedding ceremony if they are legally licensed to officiate weddings in the relevant province.

What are the requirements to officiate a wedding in Canada?

In Canada, a wedding officiant is also known as a Licensed Officiant or a Celebrant. To be able to legally marry a couple in Canada, an officiant must be licensed to perform weddings in the province in which the marriage is taking place. Each province has its own regulations, so an officiant must ensure they are licensed to perform weddings in that specific province. For example, an officiant licensed in Ontario cannot automatically officiate a wedding in British Columbia (BC).

There are several types of officiants who can perform weddings in Canada:

• Marriage commissioner: a government official who performs non-religious wedding ceremonies in a specific geographic area. They must be semi-retired or retired, and there is no required training or experience to become a marriage commissioner.
• Wedding officiant: usually undergoes specific training and has experience with weddings, events, or public speaking. Officiants have more freedom to perform weddings throughout the province and can write custom ceremonies.
• Religious leader: some are licensed as wedding officiants and can perform religious wedding ceremonies.
• Judge or Justice of the Peace
• City clerk employee who is able to conduct city hall weddings
• Clergy member in good standing to officiate weddings, such as a priest or rabbi

It is important to note that a friend cannot legally officiate a wedding in Canada, unlike in the United States. However, friends can still be involved in the wedding ceremony by doing readings or helping to lead part of the ceremony, as long as a licensed officiant is present to facilitate, witness, and sign the marriage license.

To obtain a marriage license in Canada, the couple must meet certain conditions, including:

• Both spouses must be 16 years old or older
• The spouses must not be family-related (there are kinship/relationship restrictions that forbid marriage between certain family members)
• Both spouses must give their consent without being forced or pressured
• If either spouse has been married before, they must be legally divorced before proceeding with the new marriage

What is the process to officiate a wedding in Canada?

The process of officiating a wedding in Canada varies depending on the province. For example, in Ontario, a person must be ordained by an organisation approved by the province and have a contract with the province to license their members to perform weddings. In British Columbia, the ceremony must be officiated by a marriage commissioner or wedding officiant who is licensed to perform weddings in the province. Some religious leaders are also licensed as wedding officiants.

To be a wedding officiant in Canada, one must follow these steps:

• Ensure that you meet the requirements to be a wedding officiant in your province. For example, in Ontario, you must be ordained by an organisation approved by the province. In British Columbia, you must be a marriage commissioner or a licensed wedding officiant.
• Get ordained or licensed by the appropriate organisation. For example, in Ontario, you must be ordained by an organisation approved by the province, while in British Columbia, you must be a government-appointed marriage commissioner or a licensed wedding officiant.
• Contact the office that will be issuing the marriage license and explain that you are a minister who has been ordained online and ask for a list of documents they require to establish that you are a valid religious minister.
• Obtain the required credentials and documents, such as an Ordination Package, from the minister supplies catalog.
• Work with the couple to create a ceremony that complies with the legal requirements of the province. For example, in Ontario, there are four things that must be included in the ceremony: a declaration by the couple that they know of no legal reason not to marry, an "Affirmation of Intent and Consent", a declaration of marriage by the officiant, and the signing of the Marriage Licence and related documents by the couple, the officiant, and two witnesses.
• Perform the wedding ceremony, ensuring that all legal requirements are met.

What are the different types of wedding ceremonies in Canada?

Weddings in Canada can be religious or civil, and there are several types of ceremonies to choose from. The type of ceremony you opt for should feel personal to you and your partner, keeping in mind your religious backgrounds, cultures, and family traditions.

Religious Ceremonies

Religious ceremonies are officiated by a religious leader and incorporate the wedding customs, traditions, and rules of that particular faith, along with the state's legal requirements. The ceremony can be short and sweet or long and lavish, and it generally follows a specific format prescribed by the religion. A religious service can be held in a church, temple, mosque, or meeting room, and some clergy will officiate at non-religious sites.

Interfaith Ceremonies

If you and your partner have different faiths, you may want to create an interfaith ceremony as the first of many rituals blending your two backgrounds. Each religion has its own view on interfaith unions, and some are more flexible than others. You might choose an interfaith officiant or, if both your religions are flexible, you may opt for an officiant from each faith to preside over a joint ceremony.

Humanist Ceremony

A humanist ceremony is a non-religious wedding that is inclusive and focuses on the couple's individuality and love for each other. It is performed by a celebrant or non-clergy officiant, and you can add poetry, music, personal vows, or anything else meaningful to the ceremony.

Spiritual Ceremony

A spiritual ceremony shows a couple's belief in a higher power but offers the flexibility to incorporate different religious elements or just a general sense of spirituality. It is ideal for couples with different religious beliefs or those who don't ascribe to a particular religion but want to include a spiritual element in their ceremony.

Commitment Ceremony

A commitment ceremony is similar to a marriage ceremony but is not legally binding. It is often chosen by couples who want to have a destination wedding in a country where they cannot legally marry due to residency requirements or other restrictions.

Military Wedding Ceremony

If you and/or your partner are on active duty or retired veterans, you may opt for a military wedding. Depending on the branch of the military, there are different traditions and protocols, such as the Arch of Sabers or the flag display. Military weddings may take place in a military academy chapel or on a base, and the couple may wear their uniforms.

Elopement Ceremony or Minimony

An elopement ceremony is a small, intimate ceremony that is either completely private or includes only immediate family. While elopements can take place at a courthouse, city hall, or chapel, many couples are now choosing scenic outdoor settings. A minimony is a similar concept, with around 10 guests in attendance, which became popular during the pandemic.

Vow Renewal Ceremony

A vow renewal ceremony is where couples reaffirm their marriage vows. It is not legally binding, so the format can be flexible, with some couples opting for a private ceremony and others including family and friends.

Civil Ceremony

A civil ceremony is presided over by a legal official and is in accordance with the state's laws rather than the rules of a particular church or religion. The exact requirements vary from state to state, but generally, they include a charge to the couple, a ring exchange, and the pronouncement of marriage by the officiant.

Symbolic Ceremony

A symbolic ceremony is one that is facilitated by a friend or family member, rather than an official officiant. While they cannot legally marry the couple, they can say they are "performing" or "facilitating" the wedding. The legal aspects of the marriage can be completed before or after the ceremony, with an official officiant present to witness and sign the marriage license.

What are the legal requirements of the Marriage Act in Canada?

The legal requirements of the Marriage Act in Canada are outlined in the Civil Marriage Act, which grants equal access to marriage for civil purposes to couples of the same sex and couples of opposite sexes. The Act also upholds the freedom of conscience and religion, allowing religious officials to refuse to perform marriages that are not in accordance with their beliefs.

Consent of the Spouses

Both parties must freely consent to the marriage. Forcing someone to marry is a criminal offence under Section 293.1 of the Criminal Code. Section 2.1 of the Civil Marriage Act states, "Marriage requires the free and enlightened consent of two persons to be the spouse of each other." This means that each party must willingly and knowingly agree to enter into the marriage.

Minimum Age for Marriage

The federal law in Canada sets the absolute minimum marriageable age at 16 years. This is stipulated in Section 2.2 of the Civil Marriage Act, which states, "No person who is under the age of 16 years may contract marriage." Provinces and territories may set a minimum age higher than that. For example, in British Columbia, the minimum age is 19, while in Alberta, it is 18. Minors under the age of majority (18 or 19, depending on the province/territory) may have additional restrictions, such as parental or court consent.

Previous Marriages

According to Section 2.3 of the Civil Marriage Act, "No person may contract a new marriage until every previous marriage has been dissolved by death or by divorce or declared null by a court order." This means that an individual must not have any existing valid marriages at the time of contracting a new marriage. Marriages can be dissolved through annulment, divorce, or the death of one of the parties.

Marriage Solemnization

The solemnization of marriage refers to the legal recognition and formalization of the marriage. In Canada, this is regulated by the provincial legislatures under Section 92(12) of the Constitution Act, 1867. Each province has its own set of regulations and licensed officiants who are authorized to perform marriage ceremonies. These officiants may include marriage commissioners, judges, justices of the peace, or clerks of the court, depending on the province.

Witnesses

All marriages in Canada must have witnesses to the ceremony. The number of witnesses required may vary by province, but typically, two witnesses are needed to observe the ceremony and sign the marriage licence.

Marriage Licence

To be legally married in Canada, couples must obtain a marriage licence for the specific province in which the marriage will take place. The process for obtaining a marriage licence may vary, but it generally involves applying at a designated office (such as City Hall) and providing the required documentation and fees. The marriage licence is then signed by the couple, witnesses, and officiant during the wedding ceremony.

Residency Requirements

There are no residency requirements for getting married in Canada. This means that individuals visiting from another country can get married without needing to be citizens or meet specific residency requirements. However, they must still meet the requirements of the province in which they choose to get married.

Same-Sex Marriages

Same-sex marriages have been legally recognized in Canada since 2005. This is a result of court decisions starting in 2003 that legalized same-sex marriage in eight out of ten provinces and one of three territories. The Civil Marriage Act affirms that marriage, for civil purposes, is the lawful union of two persons, regardless of their sex.

Prohibited Degrees of Marriage

The federal Marriage (Prohibited Degrees) Act outlines restrictions on who can marry whom. It prohibits marriages between persons related lineally by consanguinity (blood relatives) or adoption and between siblings, whether by whole or half-blood or adoption. This includes relationships such as grandparents, half-siblings, grandchildren, and other lineal relatives.

Recognition of Foreign Divorces

For individuals who have been previously married, it is essential to provide proof of a legal divorce or annulment before they can remarry in Canada. Foreign divorces must be recognized by Canadian federal law to be considered valid for immigration purposes. The recognition of foreign divorces is governed by the federal Divorce Act of 1985, which sets out specific requirements for validity.

These are the key legal requirements of the Marriage Act in Canada. It is important to note that each province may have additional or slightly different regulations, so it is advisable to refer to the specific laws of the province in which the marriage will take place.

Frequently asked questions