The legal framework
The Civil Marriage Act 2005 defined marriage as the lawful union of two persons, making Canada the fourth country in the world to open marriage to same-sex couples. Capacity to marry is federal; solemnisation and licensing are provincial.
Key points
| Age | Federal minimum of 16, with provincial rules generally requiring parental consent or court approval below the age of majority |
|---|---|
| Polygamy | Prohibited; polygamy is a specific offence under the Criminal Code. |
| Licence | Issued provincially, valid for a limited period |
| Same-sex marriage | Nationwide since July 2005 |
| Non-residents | May marry in Canada; since 2013 non-resident same-sex couples can also divorce here in defined circumstances |
| Officiants | Provincially authorised religious and civil officiants |
| Quebec | Distinctive rules: the marriage does not change either spouse's name |
| Forced marriage | Criminal offence since 2015, including taking a child abroad to marry |
| Provincial licences | Issued by the province; validity periods differ |
| Registered officiants | An officiant registered in one province cannot marry you in another |
In practice
- Apply for the licence in the province where the ceremony will take place.
- Two witnesses are generally required.
- The officiant registers the marriage; order a certificate afterwards from the provincial registrar.
- Consider a marriage contract if you hold property in more than one province or country.
- Check the licence validity period in the province where the ceremony will take place.
- Non-residents should confirm recognition in their home country before travelling.
Cost and coverage
Licence fees of roughly a hundred dollars, plus officiant fees.
Recent changes
Canada's willingness to marry non-residents has made it a destination for couples from jurisdictions that do not recognise their relationship.
Where to go
- Provincial vital statistics agencies.
- Municipal clerks' offices for licences.
- Justice Canada for the federal framework.
Worth knowing
A marriage celebrated in Canada may not be recognised in the couple's home country, particularly for same-sex couples. Check the position at home before relying on it for immigration or inheritance. Canada allows non-residents to marry, but same-sex couples from countries that do not recognise such marriages faced difficulties until the Civil Marriage Act was amended to allow divorce here.
Official sources and links
- Canada.ca — official government portal
- Justice Laws Website — federal statutes and regulations