The legal framework
Marriage capacity is federal but solemnisation is provincial. Every province registers religious officiants, who then perform marriages with full civil effect. A licence must be obtained from the province beforehand, or in some provinces banns may be published instead. Quebec applies the same principle through the Civil Code, with competent officiants including ministers of religion, notaries and clerks.
Key points
| Licence | Provincial marriage licence obtained before the ceremony |
|---|---|
| Officiant | Must be registered with the province |
| Banns | An alternative to a licence in some provinces |
| Witnesses | Two |
| Registration | The officiant returns the documents to vital statistics |
| Quebec | Civil Code system, with a declaration of marriage to the Directeur de l'état civil |
| Provincial registration | Officiants are registered province by province |
In practice
- Check that the person conducting the ceremony is legally authorised to do so: that single fact usually decides whether you are married.
- Give the required notice to the civil authority in advance — the waiting periods are strict.
- Make sure the marriage is registered afterwards and obtain several certified copies.
- If the ceremony has no civil effect, put a written agreement in place to protect the financially weaker partner.
- Verify the officiant is registered in the province where the ceremony takes place, not where they live.
Where to go
- Provincial vital statistics office.
- List of registered officiants held by the province.
- Service Ontario, Service BC and equivalents for licences.
Worth knowing
An officiant registered in one province cannot marry you in another. Check registration in the province where the ceremony will take place, not where the officiant lives. Registration is provincial. An officiant validly registered in one province cannot create a marriage in another.
Official sources and links
- Canada.ca — official government portal
- Justice Laws Website — federal statutes and regulations