Section 36 of the Marriage Act (Chapter 280) requires a marriage to be solemnized by or in the presence of an authorised celebrant. Section 1(1) says who that is.
Section 1(1) — “authorized celebrant”
(a) a minister of religion registered under section 28(1); or
(b) the Registrar-General; or
(c) a person authorized by the Minister under section 34(2) to solemnize marriages.
| Category | How authorised | Where they may act |
|---|---|---|
| Registered minister of religion | Registration by the Registrar-General under s 28, on nomination by a recognised denomination | Any place in the country — s 29 |
| The Registrar-General | By office — and s 1(1) includes a Deputy Registrar-General | Any part of the country — s 34(1) |
| Other authorised persons | By instrument of the Minister under s 34(2) | Any place, or a part of the country specified in the instrument — s 34(3)(a) |
“Minister of religion” defined
“Minister of religion” means —
(a) a person recognized by a religious body or religious organization as having authority to solemnize marriages in accordance with the rites or customs of the body or organization; and
(b) in relation to a body or organization to which paragraph (a) is not applicable, a person nominated by (i) the head or governing authority in the country of the body or organization, or (ii) such other person or authority acting on its behalf as is prescribed, to be an authorized celebrant.
The definition identifies who may be nominated. Authority to solemnize marriages comes only from registration under section 28.
So a pastor who has never been registered is not an authorised celebrant, however senior. A marriage purportedly solemnized by such a person engages section 64 — unauthorised solemnizing of marriage — and section 66, going through a ceremony of marriage before an unauthorised person.
Whether the marriage itself is valid is governed by section 43.
The place limitation
The words are: an authorised celebrant “who is authorized to solemnize marriages at the place where the marriage takes place”.
For a registered minister this is straightforward — section 29 permits solemnisation at any place in the country. The same is true of the Registrar-General under section 34(1).
But a section 34(2) authorisation may be limited to a part of the country specified in the instrument, and is subject to such conditions as are specified in it. A celebrant authorised for one province who solemnizes a marriage in another is acting outside the authorisation.
Couples should confirm that the celebrant is authorised for the place of the ceremony — particularly for a wedding at a resort or in a different province from the celebrant’s usual base.
Section 1(2) — solemnizing “in the presence of”
Where a marriage is solemnized in the presence of a person in whose presence a marriage may, in accordance with this Act, be lawfully solemnized, and he consents to the marriage being solemnized in his presence, he shall be deemed, for the purposes of this Act, to solemnize the marriage.
A visiting pastor, a family member or another clergyman may conduct the ceremony, provided an authorised celebrant is present and consents.
The authorised celebrant is then treated as having solemnized the marriage, and carries the statutory duties: the section 41 explanation, the section 45 certificates, the section 8(4) obligations about consents, and the section 37 notices.
It also means the authorised celebrant, not the person conducting the ceremony, bears the criminal responsibility under sections 62 to 69.
Fees, and the right to refuse
- Section 75. The Act does not affect the right of a minister of religion who is an authorized celebrant to require or receive a fee for solemnizing a marriage.
- Section 76(d). Regulations may prescribe the fees to be charged by authorised celebrants who are not ministers of religion.
- Section 42. Deals with the position of clergy as to solemnization of marriage.
- Section 72. Nothing in this Act or any other law binds a minister of religion to solemnize the marriage of a person whose former marriage has been dissolved, whether here or elsewhere, otherwise than by death.
So a minister may decline to marry a divorced person, and no provision of the Act compels otherwise.
Whether a person was registered on a given date can be proved by a certificate of the Registrar-General under section 74, and section 73 requires courts to take judicial notice of an authorised celebrant’s signature.
Sources
- Marriage Act (Chapter 280) — ss 1, 26–30, 34–36, 42–45, 62–69, 72–76
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.