Ontario's Legislation On Marriage

Who may marry

Any person who is at least 18 years old may obtain a marriage license or may be married under the authority of the publication of banns, provided no lawful cause exists to hinder the solemnization. A 16 or 17 year old can obtain a marriage license if he receives in writing the consent of both parents in the form prescribed by the regulations. Any person who lacks the capacity to marry by reason of being mentally ill or under the influence of intoxicating liquor or drugs cannot be married.

Marriage License
Application forms are obtained by mail from the Ministry’s headquarters in Thunder Bay, 189 Red River Road. In Toronto, 900 Bay Street, 2nd floor. They can also be picked up at most municipal offices and some Land Registry offices. The fee is about $110.00. To complete the application, the following documents are necessary: birth certificate or passport and, if previously married, a copy of the divorce papers certified by the court. If the bride or groom was divorced outside of Canada, he or she must obtain a foreign divorce kit from the local City Hall.

Who can Officiate

A marriage ceremony in Ontario may be Officiated by...

a) A minister or member of the clergy registered under the Marriage Act.

b) A judge or justice of the peace.  Local offices may provide the names of those that will perform.

Civil Ceremony

A civil ceremony by a judge or a justice of the peace may only be conducted under the authority of a marriage license.  The date and time of the ceremony must be arranged by the applicant.  The applicant must also arrange for two witnesses to be present a the ceremony.

An applicant whose former marriage was dissolved or annulled in a jurisdiction other than Canada must obtain authorization from the Ontario Minister of Consumer and Commercial Relations before a marriage license may be issued.  To obtain this authorization the applicants or their lawyer must submit the following information to The Office of the Registrar General @ P.O. Box 4600 189 Red River Road Thunder Bay On, P7B 6L8

1. A completed marriage license application signed by both applicants.

2. A copy of the decree of divorce or annulment certified by the proper court officer in the jurisdiction the divorce was granted,  If the decree is in a language other than English or French, you must include a certified translation.

3. A statement of sole responsibility for each divorce signed by both applicants.  Blank affidavits are available from the marriage licensing office.

4. A legal opinion of an Ontario Lawyer, addressed to both applicants, expressing reasons why the divorce or annulment should be recognized.

Prohibited Marriages

Section 19 of the Marriage Act requires the form listing the degrees of affinity and consanguinity which bar the lawful solemnization of marriage, to be endorsed on the license and on the proof of publication of banns. The form states that a man may not marry his: grandmother, grandfathers wife, wife's grandmother, aunt, wife’s aunt, mother, step mother, wife's mother, daughter, son’s wife, sister, granddaughter, grandson’s wife, wife’s granddaughter, niece, and nephew’s wife.

A woman cannot marry her: grandfather, grandmothers husband, husbands grandfather, uncle, husbands uncle, father, step father, husbands father, son, husband’s son, daughters husband, brother, grandson, granddaughter’s husband, husband’s grandson, nephew and niece’s husband.