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AR 162/2000 MARRIAGE ACT REGULATION

(Consolidated up to 79/2012)

ALBERTA REGULATION 162/2000

Marriage Act

MARRIAGE ACT REGULATION

Table of Contents

                1       Definitions

                2       Forms

                3       Issuers certificate

                4       Duties of issuer


                5       Commissioners certificate

                6       Repeal

                7       Expiry

Schedule

Definitions

1   In this Regulation,

                                 (a)    repealed AR 79/2012 s2;

                                 (b)    “issuer” means an issuer of marriage licences appointed under the Act; 

                                 (c)    “Registrar” means the Registrar of Vital Statistics.

AR 162/2000 s1;79/2012

Forms

2(1)  An affidavit of particulars under section 14 of the Act must be in Form 1.

(2)  A consent to marriage under section 19 of the Act must be in Form 2.

(3)  An interpreter who provides a service under section 10 of the Act must swear or affirm an affidavit in Form 3.

(4)  Repealed AR 79/2012 s3.

(5)  A notice for the purposes of section 18(2) of the Act must be in Form 4.

(6)  A statutory declaration for the purposes of section 17(2) or 19(3) of the Act must be in Form 5.

AR 162/2000 s2;251/2001;79/2012

Issuers certificate

3(1)  When a person is appointed as an issuer, the Registrar shall provide that person with a certificate of appointment.

(2)  An issuer shall keep the issuer’s certificate of appointment on public display at the place where the issuer ordinarily issues marriage licences.

(3)  Subject to any agreement between the issuer or the issuer’s employer and the Minister, an issuer may resign an appointment by giving 30 days written notice to the Minister.

AR 162/2000 s3;79/2012

Duties of issuer

4(1)  An issuer shall requisition from the Registrar and keep on hand a sufficient supply of licences, forms and returns.

(2)  An issuer shall ensure that the requirements of the Act have been complied with before issuing a marriage licence.

(3)  An issuer shall, at the times required by the Registrar,

                                 (a)    file a return that

                                           (i)    sets out the number of licences that were sold during the period covered by the return and is accompanied by the applications that were accepted, together with supporting documentation required under the Act, and

                                          (ii)    indicates the number of unsold licences remaining in the issuer’s possession,

                                     and

                                 (b)    pay to the Registrar the government fees that were collected from the sale of marriage licences during the period since the filing of the last return under clause (a).

(4)  An issuer shall file a special return if requested to do so by the Registrar.

(5)  An issuer shall forthwith notify the Registrar of any appointment of, and any changes in the appointment of, a deputy under section 12 of the Act.

AR 162/2000 s4;251/2001;79/2012

Commissioners certificate

5(1)  When a person is appointed as a marriage commissioner, the Registrar shall provide that person with a certificate of appointment.

(2)  A marriage commissioner shall keep the certificate on public display at the place where the marriage commissioner ordinarily performs marriage ceremonies.

AR 162/2000 s5;79/2012

Repeal

6   The Marriage Act Regulation (AR 111/85) is repealed.

Expiry

7   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on October 31, 2016.

AR 162/2000 s7;51/2005;79/2012


Schedule   

Form 1

Marriage Act
(Section 14)


Affidavit for Marriage
Licence Application

I,          (Legal Last Name and Full Legal Given Name(s))             of                               (Street Address)                                                             (City/Town/Village)             (Province/Country)                    make oath and say that:

1   My present marital status is: (Never married, Widowed, Divorced).

2   I am                    years old.

3   I intend to marry

              (Legal Last Name and Full Legal Given Name(s))               of                (City/Town/Village)      (Province/Country)                  .

4   According to the best of my knowledge and belief

                                 (a)    there are no marriages or any lawful causes to bar or hinder this marriage from taking place.  I am not marrying my Grandparent, Parent, Grandchild, Child or Sibling who is related by whole blood, half blood or adoption,

                                 (b)    neither I nor my intended spouse has been found to be or certified to be of unsound mind or incapable of managing our affairs, or if either has been so found or so certified, a medical certificate according to the Marriage Act is attached, and

                                 (c)    neither I nor my intended spouse are presently under the influence of alcohol or drugs.

             (Signature)                

SWORN before me at             (City/Town/Village)            , Alberta, Dated                             

   (Signature of Marriage Licence Issuer in and for the Province
of Alberta)   

                      (Name of Marriage Licence Issuer)                             
                       (Marriage Licence Issuer Number)                             

I agree that neither I nor my intended spouse is the property of the other.  I am aware that the laws of Alberta and Canada affirm my right to live within a marriage free from violence and abuse.

          (Signature)           

     (Name of Registry Agency)    (Marriage Licence No.)    

This information is collected in accordance with the Marriage Act and the Marriage Act Regulation.  It is required by Vital Statistics to process your application and issue your marriage licence.  Collection is authorized under section 33(a) and (c) of the Freedom of Information and Protection of Privacy Act.  Vital Statistics may also use your contact information for survey purposes.  Questions about the collection of this information can be directed to the Vital Statistics staff @ Box 2023, Edmonton, AB T5J 4W7 or (780) 427‑7013 (toll free 310‑0000 within Alberta).

Form 2

Marriage Act
(Section 19)

Statutory Declaration
Guardian Consent

In accordance with section 19 of the Marriage Act, both parents and (when applicable) all additional guardians must consent to the marriage of a minor.

●        A required consent may be dispensed with by an order from the Court of Queen’s Bench.

●        Only one person’s consent is required when:

●       He/she is the sole guardian under section 20 of the Family Law Act (the person must complete an Affidavit of Sole Guardianship (DVS3502)), or

●       He/she is the only lawful guardian (a copy of a Guardianship Order may be required).

In the matter of an application for a marriage licence, by the minor,    (Full name of minor   )

        (Parent name as recorded on the birth with Vital Statistics)      
                 (Relationship to minor   (Mother/Father))                         

        (Parent name as recorded on the birth with Vital Statistics)      
                  (Relationship to minor   (Mother/Father))                        

   (Guardian name)                   (Relationship to minor (Guardian))   

   (Guardian name)                   (Relationship to minor (Guardian))   

Court-appointed guardians must provide proof of guardianship.

I/we solemnly declare that:

●        I am/we are the parent(s)/lawful guardian(s) of the minor.

●        I/we consent to his/her marriage.

●        All lawful guardians are named above and I/we understand their consent is required.

And I/we make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

           (Signature (parent))               
           (Signature (parent))               

           (Signature (guardian))            

           (Signature (guardian))            

Declared before me at                              )

In the Province of                                      )

Dated                                                           )

   (Signature of Notary Public or a Commissioner for Oaths in and for the Province of Alberta/Marriage Licence Issuer (or Deputy))   

  (Name of Notary Public or Commissioner for Oaths/ Marriage Licence Issuer (or Deputy))                                                               

                             (Expiry Date of Commission)                               

This information is collected in accordance with the Marriage Act and the Marriage Act Regulation.  It is required by Vital Statistics to register the marriage and may be used for statistical or genealogical purposes or for delivering joint provincial and federal programs.  Collection is authorized under section 33(a) and (c) of the Freedom of Information and Protection of Privacy Act.  Questions about the collection can be directed to Vital Statistics staff @ Box 2023, Edmonton, AB T5J 4W7 or (780) 427‑7013 (toll free 310‑0000 within Alberta).

Form 3

Marriage Act
(Section 10)

Affidavit of Interpretation

In the matter of an Affidavit of Interpreter

I,    (Full Name of Interpreter)    of              (Street Address)                (City/Town/Village)   (Province/Country)   (Postal Code)             

Make oath and say:

●        I am the interpreter for the applicant(s) listed below who does not understand English:

                                 (Full Name of Applicant)                                  
                                 (Full Name of Applicant)                                  

●        I understand and speak  (name of language) , the language(s) of the applicant(s) named above, and

●        I well understand the language of the above noted person(s), and will well and truly interpret the contents of the marriage licence affidavit(s) or statutory declaration(s) (as applicable) and I will well and truly interpret to him/her the oath (or affirmation or declaration) about to be administered.

          (Signature of Interpreter)            

Sworn/Affirmed before me at                 )

In the Province of                                      )

Dated                                                           )

   (Signature of Notary Public or a Commissioner for Oaths in and for the Province of Alberta)   

           (Name of Interpreter)   (Expiry Date of Commission)            

This information is collected in accordance with the Vital Statistics Act and regulations or Marriage Act and regulations where applicable.  It is required by Vital Statistics to ensure the individual registering or amending an event or providing evidence understands their obligation and the information they are swearing or declaring.  Collection is authorized under section 33(a) and (c) of the Freedom of Information and Protection of Privacy Act.  Questions about the collection can be directed to Vital Statistics staff @ Box 2023, Edmonton, AB T5J 4W7 or (780) 427‑7013 (toll free 310‑0000 within Alberta).

Form 4

Marriage Act
(Section 18)

Guardian Notification
Application for a Marriage Licence
by a Minor

I,    (Name of Marriage Licence Issuer)   , Marriage Licence Issuer for the Province of Alberta, notify you that your child    (Full name of minor)   (age)    living at                (Street Address)                       (City/Town/Village)   (Province/Country)   , has applied to me for a licence to marry    (Full name)   (age)   , living at   (Street Address)     (City/Town/Village)                  (Province/Country)                       

   (Signature of Marriage Licence Issuer)                       (Date)          

This information is collected in accordance with the Marriage Act and the Marriage Act Regulation.  It is required by Vital Statistics to register the marriage and may be used for statistical or genealogical purposes or for delivering joint provincial and federal programs.  Collection is authorized under section 33(a) and (c) of the Freedom of Information and Protection of Privacy Act.  Questions about the collection can be directed to Vital Statistics staff @ Box 2023, Edmonton, AB T5J 4W7 or (780) 427‑7013 (toll free 310‑0000 within Alberta).

Form 5

Marriage Act
(Section 17)

Statutory Declaration
Application for a Marriage
Licence by a Minor

In the matter of an Application for a Marriage Licence,

I,    (Full Name of Minor)    of               (Street Address)                      (City/Town/Village)        (Province/Country)       (Postal Code)    

Do solemnly declare that:

●        I am younger than 18 years old,

●        I am (check one only)

                  □  a male at least 16 years old

                                    or

                  □  a female and (check one only)

                                      at least 16 years old.

                                    or

                                      less than 16 years old and am either pregnant or the mother of a living child. (Medical certificate confirming pregnancy or proof of parentage is required. Copy must be attached.)

●        I am (check one only)

                  □  widowed. (copy of marriage certificate and death certificate must be attached)

                                    or

                                      divorced. (proof of divorce must be attached)

And I make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath.

   (Signature of Minor)   

Declared before me at                                   )

In the Province of                                          )

Dated                                                                )

(Signature of Notary Public or Commissioner for Oaths in and for the Province of Alberta or Marriage Licence Issuer (or Deputy))     

(Name of Notary Public or Commissioner for Oaths or Marriage Licence Issuer (or Deputy))                                                                
                              (Expiry date of Commission)                               

This information is collected in accordance with the Marriage Act and the Marriage Act Regulation.  It is required by Vital Statistics to register the marriage and may be used for statistical or genealogical purposes or for delivering joint provincial and federal programs.  Collection is authorized under section 33(a) and (c) of the Freedom of Information and Protection of Privacy Act.  Questions about the collection can be directed to Vital Statistics staff @ Box 2023, Edmonton, AB T5J 4W7 or (780) 427‑7013 (toll free 310‑0000 within Alberta).

AR 162/2000 Sched.;8/2005;18/2006;79/2012