Marriage Act, 2021, SS 2021, c 16

1 MARRIAGE, 2021 c 16 The Marriage Act, 2021 being Chapter 16 of the Statutes of Saskatchewan, 2021 (effective August 1, 2022) as amended by the Statutes of Saskatchewan, 2023, c 28. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 Table of Contents c 16 MARRIAGE, 2021 PART 1 PART 5 Preliminary Matters Solemnization of Marriage 1‑1 Short title DIVISION 1 1‑2 Definitions Authority, Licences, Documents and Prohibitions PART 2 5‑1 Persons authorized to solemnize marriage; entitled to be married Registration of Persons Eligible to Solemnize Marriages 5‑2 Prohibition DIVISION 1 5‑3 Licence to be produced Registration of Religious Officials 5‑4 Witnesses 2‑1 Duties of director respecting registration 5‑5 Issuer not to solemnize marriage 2‑2 Religious bodies to provide list 5‑6 Party under influence of alcohol or drugs 2‑3 Religious officials not required to solemnize 5‑7 If party does not understand language used certain marriages, etc. 5‑8 Documents required DIVISION 2 DIVISION 2 Appointment of Marriage Commissioners Civil Marriage 2‑4 Appointment of marriage commissioners 5‑9 Marriage by marriage commissioner 2‑5 Fees PART 6 DIVISION 3 Marriage of Doukhobors, Other Religious Bodies Certificate of Registration without Religious Officials 2‑6 Certificate of registration 6‑1 Marriage according to Doukhobor rites 2‑7 Non‑registration not to invalidate marriage 6‑2 Marriage according to rites of other religious bodies 2‑8 Power to take declarations PART 7 PART 3 Validity of Certain Marriages Licences 7‑1 Declaration of nullity of marriage DIVISION 1 7‑2 Jurisdiction of court re validity of consent Issuers of Licences 7‑3 Manner of taking evidence 3‑1 Minister may appoint persons to issue licences 7‑4 Examination of parties 3‑2 Quarterly returns 7‑5 Second ceremony for religious purposes 3‑3 Return of licence forms by issuer PART 8 3‑4 Deputy issuers General DIVISION 2 8‑1 Signature of director Issuance of Licences 8‑2 Protection of persons solemnizing marriage 3‑5 Licences to be in form approved by director PART 9 3‑6 Issuer to read licence to parties Offences 3‑7 Power to take declarations 9‑1 Issuers 3‑8 Issuing of licence 9‑2 Solemnizing marriage contrary to Act 3‑9 Conditions governing issue of licences 9‑3 False statement 3‑10 Statutory declaration in certain cases 9‑4 General penalty 3‑11 Party under 16 years of age 9‑5 Limitation on prosecution 3‑12 Party under influence of alcohol or drugs – licence 9‑6 Consent to prosecution 3‑13 Hours for issue of licence 3‑14 Irregularities not to invalidate marriage PART 10 3‑15 Ceremony within 3 months Regulations 10‑1 Regulations PART 4 PART 11 Marriage of Minors 4‑1 Consent required Repeal, Transitional, Consequential Amendments and Coming into Force 4‑2 Power of courts to dispense with consent 11‑1 SS 1995, c M‑4.1 repealed 11‑2 Transitional – registrations and appointments 11‑3 SS 1996, c D‑25.01, section 2 amended 11‑4 SS 1998, c Q‑1.01, section 2 amended 11‑5 SS 2009, c V‑7.21 amended 11‑6 Coming into force 3 MARRIAGE, 2021 c 16 CHAPTER 16 An Act respecting the Solemnization of Marriage and making consequential amendments to certain other Acts PART 1 Preliminary Matters Short title 1‑1 This Act may be cited as The Marriage Act, 2021. Definitions 1‑2 In this Act: “court” means the Court of King’s Bench; (« cour ») “director” means the person designated by the minister as the director; (« directeur ») “issuer” means an issuer of marriage licences appointed pursuant to section 3‑1, or a deputy issuer acting pursuant to section 3‑4; (« délivreur de permis ») “licence” means a marriage licence issued pursuant to section 3‑8; (« permis ») “marriage commissioner” means a marriage commissioner appointed pursuant to section 2‑4; (« commissaire aux mariages ») “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (« ministre ») “prescribed” means prescribed in the regulations; (« réglementaire » ou « par règlement ») “religious body” means a religious denomination, sect, congregation or society; (« groupement religieux ») “religious official” means a member of a religious body who: (a) is authorized according to the rites and ceremonies of that religious body to solemnize marriages; and (b) is registered pursuant to section 2‑1. (« responsable religieux ») 2021, c 16, s 1‑2; 2023, c 28, s 17‑13. 4 c 16 MARRIAGE, 2021 PART 2 Registration of Persons Eligible to Solemnize Marriages DIVISION 1 Registration of Religious Officials Duties of director respecting registration 2‑1(1) Subject to subsection (2), the director shall register members of religious bodies whose names are submitted to the director by the proper religious authority of the religious body to which those persons belong. (2) No member of a religious body shall be registered pursuant to this section unless the director is satisfied that the religious body submitting the name of the member is sufficiently well established, both as to continuity of existence and as to recognized rites and ceremonies respecting the solemnization of marriage, as to warrant the registration of that member. 2021, c 16, s 2‑1. Religious bodies to provide list 2‑2 The proper religious authority of each religious body whose members are authorized to solemnize marriages pursuant to this Act must: (a) provide the director, annually or more frequently if required, with a certified list, in a form approved by the director, of those members who continue to be authorized to solemnize marriages; and (b) notify the director of every member on the list mentioned in clause (a) who has died or who has ceased to possess the qualifications entitling that member to be a religious official. 2021, c 16, s 2‑2. Religious officials not required to solemnize certain marriages, etc. 2‑3 A religious official is not required to solemnize a marriage, to allow a sacred place to be used for solemnizing a marriage or for an event related to the solemnization of a marriage, or to otherwise assist in the solemnization of a marriage, if to do so would be contrary to: (a) the religious official’s religious beliefs; or (b) the doctrines, rites, usages or customs of the religious body of which the religious official is a member. 2021, c 16, s 2‑3. 5 MARRIAGE, 2021 c 16 DIVISION 2 Appointment of Marriage Commissioners 2021, c 16, s 2‑. Appointment of marriage commissioners 2‑4(1) The minister may appoint a person who applies in a manner acceptable to the director, and pays the prescribed fee, as a marriage commissioner for the purposes of this Act. (2) Every marriage commissioner: (a) is appointed for the prescribed term or for any lesser period that the director considers appropriate; and (b) may apply to have the appointment renewed in a manner acceptable to the director. 2021, c 16, s 2‑4. Fees 2‑5 A marriage commissioner is entitled to be paid a fee agreed to by the marriage commissioner and the parties to the marriage ceremony. 2021, c 16, s 2‑5. DIVISION 3 Certificate of Registration Certificate of registration 2‑6(1) The director shall issue a certificate of registration to each religious official or marriage commissioner who is registered or appointed, as the case may be, pursuant to this Act. (2) If the period during which a marriage commissioner may solemnize marriages is limited pursuant to subsection 2‑4(2), the certificate of registration is to state that period. 2021, c 16, s 2‑6. Non‑registration not to invalidate marriage 2‑7 No marriage is invalid by reason only that the person performing the ceremony was not registered or appointed pursuant to this Act at the time of the ceremony. 2021, c 16, s 2‑7. Power to take declarations 2‑8 Every religious official or marriage commissioner may take statutory declarations for the purposes of this Act. 2021, c 16, s 2‑8. 6 c 16 MARRIAGE, 2021 PART 3 Licences DIVISION 1 Issuers of Licences Minister may appoint persons to issue licences 3‑1 The minister may appoint persons to be issuers of marriage licences. 2021, c 16, s 3‑1. Quarterly returns 3‑2 Every issuer must file with the director a quarterly return no later than 15 days after the end of the preceding quarter, in a form approved by the director, respecting all licences that the issuer issued during that quarter, including the names of the parties to whom the licences were issued. 2021, c 16, s 3‑2. Return of licence forms by issuer 3‑3 If requested to do so by the director, an issuer must return to the director all licence forms in the issuer’s possession. 2021, c 16, s 3‑.3 Deputy issuers 3‑4(1) An issuer may appoint in writing, for a period not to exceed 12 months, a deputy issuer to act in the absence of the issuer. (2) An issuer who appoints a deputy issuer pursuant to subsection (1) must, as soon as is reasonably practicable after making that appointment, notify the director of that appointment in a form approved by the director. (3) A deputy issuer, when signing any form pursuant to this Act, must indicate that the deputy issuer is acting in that capacity. 2021, c 16, s 3‑4. DIVISION 2 Issuance of Licences Licences to be in form approved by director 3‑5 Marriage licences are to be in a form approved by the director. 2021, c 16, s 3‑5. 7 MARRIAGE, 2021 c 16 Issuer to read licence to parties 3‑6(1) The issuer must read the contents of the licence form to each of the parties separately, to verify that both parties fully understand those contents. (2) If necessary, an independent interpreter is to be employed for the purposes of subsection (1). 2021, c 16, s 3‑6. Power to take declarations 3‑7 Issuers may take statutory declarations for the purposes of this Act. 2021, c 16, s 3‑7. Issuing of licence 3‑8(1) Every issuer must: (a) fill in the blanks and sign each licence at the time of issue; and (b) append to the licence all documents deposited with the issuer by the parties except those provided pursuant to subsection 3‑9(3). (2) No issuer shall issue a licence for the issuer’s own marriage. (3) The issuer shall issue a licence unless the issuer has reason to believe that: (a) the requirements of this Act have not or will not be complied with; or (b) there is a legal impediment to the proposed marriage. (4) Subject to subsection (5), the licence becomes effective the day after the day on which it is issued. (5) If the director agrees that exceptional and urgent circumstances exist, the issuer may issue a licence that becomes effective on the day on which the licence is issued. 2021, c 16, s 3‑8. Conditions governing issue of licences 3‑9(1) Before a licence is issued, the parties to the intended marriage must: (a) pay the prescribed fee; and (b) personally and separately make a statutory declaration before the issuer in a form approved by the director. (2) The form used pursuant to clause (1)(b) must have printed on its reverse side the prohibitions in law in Canada against marriage by reason of the parties being related. (3) If a party has been previously married but the marriage has been dissolved or annulled, whether within or outside of Saskatchewan, the party must provide to the issuer evidence satisfactory to the director of the dissolution or annulment of the marriage. 8 c 16 MARRIAGE, 2021 (4) If a party has been previously married and an order declaring the presumption of death of the other party to that marriage has been made by the court pursuant to section 15 of The Missing Persons and Presumption of Death Act, the party must provide a copy of that order to the issuer. 2021, c 16, s 3‑9. Statutory declaration in certain cases 3‑10(1) If either party is unable to make the statutory declaration personally before the issuer, the issuer may permit that party to make a statutory declaration mentioned in clause 3‑9(1)(b) before a commissioner for oaths or a notary public. (2) A statutory declaration made pursuant to subsection (1) must contain the reason relied on to excuse personal attendance before the issuer. (3) A statutory declaration made pursuant to subsection (1) must be delivered to the issuer before the issue of the licence. 2021, c 16, s 3‑10. Party under 16 years of age 3‑11 No issuer shall issue a licence to, or with respect to, a person under 16 years of age. 2021, c 16, s 3‑11. Party under influence of alcohol or drugs – licence 3‑12 No issuer who knows or has reason to believe that the judgment of either party to the intended marriage is impaired by the use of alcohol or drugs shall issue a licence to those persons. 2021, c 16, s 3‑12. Hours for issue of licence 3‑13 No issuer shall issue a licence between the hours of 10:00 p.m. and 6:00 a.m. unless the issuer is satisfied from evidence presented to the issuer that the proposed marriage is legal and that exceptional circumstances exist that render the issue of the licence advisable. 2021, c 16, s 3‑13. Irregularities not to invalidate marriage 3‑14 No irregularity in the issue of a licence that has been obtained or acted on in good faith invalidates a marriage solemnized under the authority of the licence. 2021, c 16, s 3‑14. Ceremony within 3 months 3‑15 No marriage shall be solemnized under the authority of a licence more than 3 months after the date of its issue. 2021, c 16, s 3‑15. 9 MARRIAGE, 2021 c 16 PART 4 Marriage of Minors Consent required 4‑1(1) In this section, “legal decision‑maker” means the person having lawful decision‑making responsibility with respect to a person under 18 years of age. (2) Subject to subsections (3) to (5), if either of the parties to an intended marriage is 16 or 17 years of age, then, before the issue of a licence, there must be provided to the issuer a consent to the marriage in the form approved by the director given by all living legal decision‑makers with respect to the minor. (3) The consent of only one legal decision‑maker is sufficient if all other legal decision‑makers do not have capacity. (4) If one of the parties to the intended marriage is a minor and the minor has been committed pursuant to The Child and Family Services Act to the minister responsible for the administration of that Act, then, before the issue of the licence, there must be provided to the issuer a consent in accordance with subsection (2), given by a director within the meaning of that Act. (5) Subject to section 4‑2, the consent required by this section is a condition precedent to a valid marriage. 2021, c 16, s 4‑1. Power of courts to dispense with consent 4‑2(1) A person 16 or 17 years of age who is unable to obtain consent pursuant to section 4‑1 may apply to a judge of the court or of the Provincial Court of Saskatchewan, and the judge may, in the judge’s discretion, grant an order dispensing with the consent. (2) If a judge has made an order pursuant to subsection (1), a licence may be issued. 2021, c 16, s 4‑2. PART 5 Solemnization of Marriage DIVISION 1 Authority, Licences, Documents and Prohibitions Persons authorized to solemnize marriage; entitled to be married 5‑1(1) The following persons may solemnize marriage between persons not under a legal disqualification to contract marriage: (a) a religious official; (b) a marriage commissioner. (2) Subject to section 2‑3, any couple is entitled to be married through a ceremony performed by either a religious official or a marriage commissioner. 2021, c 16, s 5‑1. 10 c 16 MARRIAGE, 2021 Prohibition 5‑2(1) Notwithstanding any other Act or law, no person other than a religious official or a marriage commissioner shall solemnize any marriage. (2) A religious official who solemnizes marriages cannot also be a marriage commissioner appointed pursuant to this Act. 2021, c 16, s 5‑2. Licence to be produced 5‑3 No religious official or marriage commissioner shall solemnize a marriage unless the parties to the intended marriage produce to the religious official or marriage commissioner the licence required by this Act. 2021, c 16, s 5‑3. Witnesses 5‑4 No religious official or marriage commissioner shall solemnize a marriage without the presence of at least 2 witnesses, each of whom is at least 18 years of age. 2021, c 16, s 5‑4. Issuer not to solemnize marriage 5‑5 Subject to the regulations, no religious official or marriage commissioner who is an issuer of marriage licences shall solemnize a marriage in any case in which the religious official or marriage commissioner issued the licence authorizing the marriage. 2021, c 16, s 5‑5. Party under influence of alcohol or drugs 5‑6 No religious official or marriage commissioner who knows or has reason to believe that the judgment of either party to the intended marriage is impaired by the use of alcohol or drugs shall solemnize a marriage between those persons. 2021, c 16, s 5‑6. If party does not understand language used 5‑7 No religious official or marriage commissioner shall solemnize a marriage if one or both of the parties to the intended marriage do not understand the language in which the marriage ceremony is to be performed, unless an independent interpreter is present to interpret and convey clearly to the party or parties the meaning of the ceremony. 2021, c 16, s 5‑7. Documents required 5‑8(1) On completion of the marriage ceremony, the religious official or marriage commissioner shall provide the contracting parties with a certificate of the marriage. 11 MARRIAGE, 2021 c 16 (2) Within 7 days after solemnizing a marriage, the religious official or marriage commissioner must submit to the Registrar of Vital Statistics: (a) the statement of marriage required pursuant to The Vital Statistics Act, 2009 for registration of the marriage; and (b) the completed marriage licence and all documents appended to the licence pursuant to subsection 3‑8(1). (3) On receipt of the documents mentioned in subsection (2), the Registrar of Vital Statistics shall: (a) deal with the statement of marriage in accordance with The Vital Statistics Act, 2009; and (b) send the marriage licence and all documents appended to the licence pursuant to subsection 3‑8(1) to the director. 2021, c 16, s 5‑8. DIVISION 2 Civil Marriage Marriage by marriage commissioner 5‑9(1) Marriage may be solemnized by a marriage commissioner and contracted in the marriage commissioner’s office or any other place the marriage commissioner selects, but only in accordance with subsections (2) and (3). (2) In the presence of the marriage commissioner and the witnesses: (a) each of the parties must declare: “I do solemnly declare that I do not know of any lawful impediment why I, A.B., may not be joined in matrimony to C.D.”; and (b) each of the parties must say to the other: “I call on these persons here present to witness that I, A.B., do take you, C.D., to be my lawful wedded spouse”. (3) After each party speaks in accordance with subsection (2), the marriage commissioner shall say to the parties, in the presence of the witnesses: “I, E.F., a marriage commissioner, by virtue of the powers vested in me by The Marriage Act, 2021, do hereby pronounce you, A.B. and C.D., to be married”. (4) No marriage commissioner shall solemnize a marriage if the marriage commissioner has reason to believe that: (a) the requirements of this Act have not or will not be complied with; or (b) there is a legal impediment to the proposed marriage. 2021, c 16, s 5‑9. 12 c 16 MARRIAGE, 2021 PART 6 Marriage of Doukhobors, Other Religious Bodies without Religious Officials Marriage according to Doukhobor rites 6‑1(1) Nothing in this Act shall be construed as in any way preventing Doukhobors from celebrating marriage according to the rites and ceremonies of their own religion or creed, if either party is a Doukhobor. (2) Notwithstanding subsection (1), the parties are not relieved from the requirement to obtain a licence before celebrating the marriage. (3) Both parties to the marriage must sign the licence. (4) Immediately after the marriage, either party to the marriage must: (a) enter the particulars of the marriage on a statement of marriage form obtained from the Registrar of Vital Statistics; (b) sign the statement of marriage; and (c) have the following persons also sign the statement of marriage: (i) the other party to the marriage; (ii) 2 witnesses to the marriage, each of whom is at least 18 years of age. (5) Within 7 days after the marriage, either party to the marriage must submit to the Registrar of Vital Statistics: (a) the statement of marriage completed in accordance with subsection (4); and (b) the marriage licence signed by both parties and all documents appended to the licence pursuant to subsection 3‑8(1). (6) On receipt of the documents mentioned in subsection (5), the Registrar of Vital Statistics shall: (a) deal with the statement of marriage in accordance with The Vital Statistics Act, 2009; and (b) send the marriage licence and all documents appended to the licence pursuant to subsection 3‑8(1) to the director. 2021, c 16, s 6‑1. Marriage according to rites of other religious bodies 6‑2 If either party to a marriage is a member of a prescribed religious body that does not provide any of its members with the authority to solemnize marriage, section 6‑1 applies, with any necessary modification. 2021, c 16, s 6‑2. 13 MARRIAGE, 2021 c 16 PART 7 Validity of Certain Marriages Declaration of nullity of marriage 7‑1(1) In an action by a person who was at the time of the ceremony a minor, the court may declare that a valid marriage was not effected or entered into if a form of marriage is gone through without the consent required by this Act. (2) A declaration by the court that a valid marriage was not effected or entered into shall only be made after a trial. 2021, c 16, s 7‑1. Jurisdiction of court re validity of consent 7‑2(1) In an action by a person mentioned in subsection (2), the court may declare that a valid marriage was not effected or entered into if the court determines that one of the parties did not provide valid consent to enter into the contract of marriage. (2) Subject to the regulations, an action mentioned in subsection (1) may be brought by any of the following: (a) a party to the marriage; (b) a family member of one of the parties to the marriage; (c) any other person who has a close personal connection to one of the parties to the marriage; (d) the public guardian and trustee if the public guardian and trustee is acting pursuant to The Public Guardian and Trustee Act as a personal guardian, property guardian or administrator for one of the parties to the marriage. (3) A declaration by the court that a valid marriage was not effected or entered into shall only be made after a trial. 2021, c 16, s 7‑2. Manner of taking evidence 7‑3(1) At a trial pursuant to section 7‑1 or 7‑2, the evidence shall be taken orally in open court. (2) Subsection (1) does not prevent the use of the affidavits of witnesses residing outside Saskatchewan or of witnesses examined de bene esse, if the court considers the evidence appropriate. 2021, c 16, s 7‑3. Examination of parties 7‑4 At a trial pursuant to section 7‑1 or 7‑2, the court may require either or both of the parties to the marriage to be examined before the court regarding the matters in question in the action. 2021, c 16, s 7‑4. 14 c 16 MARRIAGE, 2021 Second ceremony for religious purposes 7‑5(1) Persons who, having been married in accordance with this Act, desire a second ceremony for religious purposes, may have that ceremony performed. (2) The second ceremony is supplemental to and does not supersede the first ceremony, and it shall not be registered as a marriage. 2021, c 16, s 7‑5. PART 8 General Signature of director 8‑1(1) If the signature of the director is required for any of the purposes of this Act, the signature may be written, engraved, lithographed or reproduced by any other mode of reproducing words in visible form. (2) Every document issued pursuant to this Act under the signature of the director is and remains valid, notwithstanding that the director has ceased to hold office before the issue of the document. 2021, c 16, s 8‑1. Protection of persons solemnizing marriage 8‑2(1) No religious official or marriage commissioner who solemnizes a marriage after a licence is issued pursuant to this Act with respect to the marriage is subject to any action or liability for damage or otherwise by reason of the existence of a legal impediment to the marriage unless, at the time the ceremony was performed, the religious official or the marriage commissioner was aware of the impediment. (2) No religious official who, before October 1, 1992, solemnized a marriage after banns had been published with respect to the marriage is subject to any action or liability for damage or otherwise by reason of the existence of a legal impediment to the marriage unless, at the time the ceremony was performed, the religious official was aware of the impediment. 2021, c 16, s 8‑2. PART 9 Offences Issuers 9‑1(1) No issuer shall: (a) unlawfully issue a licence; (b) issue a licence without first having obtained all the documents required by this Act; or (c) neglect or refuse to perform any other duty that the issuer is required by this Act to perform. 15 MARRIAGE, 2021 c 16 (2) Every issuer who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding $500. 2021, c 16, s 9‑1. Solemnizing marriage contrary to Act 9‑2 Every person who solemnizes a marriage contrary to this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 for each contravention. 2021, c 16, s 9‑2. False statement 9‑3 Every person who wilfully makes or causes to be made a false statement respecting the particulars required to be recorded or reported pursuant to this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $500. 2021, c 16, s 9‑3. General penalty 9‑4 Every person who contravenes any provision of this Act for which no other penalty is provided is guilty of an offence and liable on summary conviction to a fine not exceeding $500. 2021, c 16, s 9‑4. Limitation on prosecution 9‑5 No prosecution for a contravention of this Act or the regulations is to be commenced more than 2 years after the facts on which the alleged contravention is based first came to the knowledge of the director. 2021, c 16, s 9‑5. Consent to prosecution 9‑6 No prosecution for a contravention of this Act or the regulations shall be commenced without the permission of the Attorney General. 2021, c 16, s 9‑6. PART 10 Regulations Regulations 10‑1 The Lieutenant Governor in Council may make regulations: (a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act; (b) prescribing the sum to be paid by every issuer to the director for each form of licence; (c) prescribing the time and manner in which the sum mentioned in clause (b) is to be paid; 16 c 16 MARRIAGE, 2021 (d) prescribing the fee that every issuer is entitled to receive from every person requiring a licence; (e) for the purposes of section 2‑4: (i) prescribing fees; and (ii) prescribing the term of appointment; (f) for the purposes of section 5‑5, respecting the circumstances in which a religious official or marriage commissioner who issued a licence authorizing the marriage may be permitted to solemnize the marriage; (g) for the purposes of section 6‑2, prescribing religious bodies to which section 6‑1 applies; (h) for the purposes of subsection 7‑2(2), governing the bringing of an action for a declaration that a valid marriage was not effected or entered into; (i) prescribing any matter or thing required or authorized by this Act to be prescribed in the regulations; (j) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. 2021, c 16, s 10‑1. PART 11 Repeal, Transitional, Consequential Amendments and Coming into Force SS 1995, c M‑4.1 repealed 11‑1 The Marriage Act, 1995 is repealed. 2021, c 16, s 11‑1. Transitional – registrations and appointments 11‑2(1) A person who, on the day before this Act comes into force, is registered to solemnize marriage pursuant to The Marriage Act, 1995 continues to be registered pursuant to this Act as if registered pursuant to this Act. (2) A person who, on the day before this Act comes into force, is a marriage commissioner pursuant to The Marriage Act, 1995 continues to be a marriage commissioner pursuant to this Act as if appointed pursuant to this Act. (3) An appointment with respect to a person mentioned in subsection (2) is deemed to be for the term as authorized by clause 2‑4(2)(a) commencing on the day on which this Act comes into force, and clause 2‑4(2)(b) applies, with any necessary modification, to the renewal of the appointment. 2021, c 16, s 11‑2. 17 MARRIAGE, 2021 c 16 SS 1996, c D‑25.01, section 2 amended 11‑3 Subsection 2(2) of The Dependants’ Relief Act, 1996 is repealed and the following substituted: “(2) If, pursuant to section 15 of The Missing Persons and Presumption of Death Act, the court makes a declaration of presumption of death and the spouse of the person presumed to be dead marries again in accordance with The Marriage Act, 2021, the children of that second marriage are deemed to be dependants for the purposes of this Act notwithstanding that it is later found that the person presumed to be dead was alive when the second marriage ceremony was performed”. 2021, c 16, s 11‑3. SS 1998, c Q‑1.01, section 2 amended 11‑4 Section 2 of The Queen’s Bench Act, 1998 is amended by repealing clause (k) of the definition of “family law proceeding” and substituting the following: “(k) The Marriage Act, 2021 ”. 2021, c 16, s 11‑4. SS 2009, c V‑7.21 amended 11‑5(1) The Vital Statistics Act, 2009 is amended in the manner set forth in this section. (2) Sections 58 to 60 are repealed and the following substituted: “Duty to register marriage 58 The following persons shall ensure that a marriage that takes place in Saskatchewan is registered in accordance with this Part: (a) the person who solemnized the marriage; (b) in the case of a marriage to which section 6‑1 or 6‑2 of The Marriage Act, 2021 applies, the parties to the marriage. “Duty to submit statement and marriage licence 59(1) A person who solemnizes a marriage in Saskatchewan must: (a) complete a statement immediately after solemnizing the marriage; and (b) within 7 days after the date of the marriage, submit to the registrar: (i) the completed statement; and (ii) the completed marriage licence and all documents appended to the marriage licence. (2) The registrar may require a person who solemnizes a marriage in Saskatchewan to complete an electronic statement with respect to the marriage and submit that statement and the other materials mentioned in clause (1)(b) electronically to the registrar. 18 c 16 MARRIAGE, 2021 (3) For the purposes of subsections (1) and (2), the statement must set out: (a) the names of both parties to the marriage; (b) the date and place of the marriage; (c) the name of the person who solemnized the marriage; and (d) any prescribed particulars of the marriage. (4) For the purposes of subsections (1) and (2), the statement must be signed by: (a) each of the parties to the marriage; (b) at least 2 witnesses to the marriage, each of whom is at least 18 years of age; and (c) the person who solemnized the marriage. (5) In the case of a marriage to which section 6‑1 or 6‑2 of The Marriage Act, 2021 applies, the parties to the marriage must complete and submit the statement and the marriage licence to the registrar in accordance with subsections 6‑1(4) and (5) of that Act. “Registration of marriage 60(1) The registrar may register a marriage in accordance with section 14 if the registrar is satisfied that: (a) the statement that is submitted to the registrar pursuant to section 59 of this Act or pursuant to subsection 6‑1(5) of The Marriage Act, 2021 is complete; and (b) on the basis of the completed marriage licence and any documents appended to the marriage licence, the requirements of The Marriage Act, 2021 have been met. (2) After registering a marriage, the registrar shall send the licence and all documents appended to the licence to the director as defined in The Marriage Act, 2021 ”. (3) Subsection 61(1) of the French version is amended in the portion preceding clause (a) by striking out “d’une déclaration et d’une licence de mariage dûment remplies” and substituting “d’une déclaration et d’un permis de mariage dûment remplis”. 2021, c 16, s 11‑5. Coming into force 11‑6 This Act comes into force by order of the Lieutenant Governor in Council. 2021, c 16, s 11‑6. REGINA, SASKATCHEWAN PrINTEd uNdEr THE AuTHorITy of THE KING’S PrINTEr Copyright©2023