1992 Legislative Session: 1st Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


MINISTER OF HEALTH AND MINISTER
RESPONSIBLE FOR SENIORS

BILL 26 -- 1992

MARRIAGE AMENDMENT ACT, 1992

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 1 of the Marriage Act, R.S.B.C. 1979, c. 251, is amended

(a) by repealing the definition of "minister or clergyman", and

(b) by adding the following definition:

"religious representative" means a person duly authorized to solemnize marriage according to the rites and usages of the religious body to which the person belongs and includes a person registered under section 2 (6).

2 Section 2 is amended by adding the following subsection:

(6) If the director is satisfied that the doctrines of a religious body do not contemplate a religious representative for the religious body and that the appropriate governing body of the religious body has designated a person to act in the place of a religious representative to perform all the duties imposed by this Act on a person solemnizing a marriage, other than solemnizing the marriage, in respect of marriages performed according to the rites and usages of the religious body, the director may register the person as a religious representative.

3 The Act is amended

(a) by striking out "minister or clergyman" wherever it appears in sections 2 to 5, 7 to 9, 13, 18, 21, 22, 24, 31, 34 and 35 and substituting "religious representative",

(b) by striking out "ministers or clergymen" in sections 2 and 4 and substituting "religious representatives",

(c) by striking out "ministers and clergymen" in section 3 and substituting "religious representatives", and

(d) by striking out "minister, clergyman" in section 39 (1) and substituting "religious representative".

4 Section 10 is repealed.

5 Section 13 (3) (b) is amended by striking out "commencing 2 days after it was issued and ending 3 months after that 2 day period." and substituting "within 3 months after it was issued."

6 Section 14 (4) and (5) is repealed.

7 The following section is added:

Validity of certain marriages

37.1 If a person registered under section 2 (6) performs all the duties imposed by this Act on a person solemnizing a marriage, other than solemnizing the marriage, in respect of a marriage performed according to the rites and usages of the religious body for which the person is registered, the marriage is as valid as one performed by a religious representative.

Commencement

8 This Act comes into force by regulation of the Lieutenant Governor in Council.


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