Section 1 definitions of "director" and "registration district" BEFORE repealed by 2002-74-44, effective December 19, 2002 (BC Reg 381/2001).
"director" means the Director of Vital Statistics under the Vital Statistics Act;
"registration district" means a registration district under the Vital Statistics Act;
Section 1 definitions of "chief executive officer" and "vital statistics registrar" were added by 2002-74-44, effective December 19, 2002 (BC Reg 381/2001).
Section 1 definition of "chief executive officer" BEFORE repealed by 2014-14-82, effective May 29, 2014 (Royal Assent).
"chief executive officer" means the chief executive officer under the Vital Statistics Act;
Section 1 definition of "registrar general" was added by 2014-14-82, effective May 29, 2014 (Royal Assent).
Section 1 definition of "treaty first nation designate" was added by 2011-11-48, effective April 5, 2016 (BC Reg 24/2016).
Section 2 BEFORE amended by 2002-74-45, effective December 19, 2002 (BC Reg 381/2001).
2 (1) On application, in the form required by the director, the director may register any religious representative as authorized to solemnize marriage.
(2) The application on behalf of a religious representative must be made by the governing authority with jurisdiction in British Columbia over the religious body to which the religious representative belongs.
(3) The wording of the form required by the director may be varied according to the facts, to set out other qualifications for registration recognized by this Act.
(4) The director may
(a) issue to the governing authority one or more certificates of registration in respect of each religious representative registered under this Act, and
(b) include in one certificate the names of any number of registered religious representatives who belong to the same religious body.
(5) The director must keep a register showing
(a) the name of every religious representative registered,
(b) the name of the religious body to which the religious representative belongs, and
(c) the date of the religious representative's registration.
(6) The director must issue a certificate of registration to each religious representative registered under this Act.
(7) The director may register a person as a religious representative if the director is satisfied that
(a) the doctrines of a religious body do not contemplate a religious representative for the religious body, and
(b) 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.
Section 2 (1) and (3) to (7) BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
(1) On application, in the form required by the chief executive officer, the chief executive officer may register any religious representative as authorized to solemnize marriage.
(3) The wording of the form required by the chief executive officer may be varied according to the facts, to set out other qualifications for registration recognized by this Act.
(4) The chief executive officer may
(a) issue to the governing authority one or more certificates of registration in respect of each religious representative registered under this Act, and
(b) include in one certificate the names of any number of registered religious representatives who belong to the same religious body.
(5) The chief executive officer must keep a register showing
(a) the name of every religious representative registered,
(b) the name of the religious body to which the religious representative belongs, and
(c) the date of the religious representative's registration.
(6) The chief executive officer must issue a certificate of registration to each religious representative registered under this Act.
(7) The chief executive officer may register a person as a religious representative if the chief executive officer is satisfied that
(a) the doctrines of a religious body do not contemplate a religious representative for the religious body, and
(b) 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.
Section 3 BEFORE amended by 2002-74-45, effective December 19, 2002 (BC Reg 381/2001).
3 (1) A person must not be registered as a religious representative unless the director is satisfied as follows:
(a) that the person is a religious representative ordained or appointed according to the rites and usages of the religious body to which he or she belongs, or is by the rules of that religious body deemed an ordained or appointed religious representative because of some earlier ordination or appointment;
(b) that the person
(i) is, as a religious representative, in charge of or officiating in connection with a congregation, branch or local unit in British Columbia of the religious body to which he or she belongs, or
(ii) is a resident in British Columbia who was formerly in charge of or officiating in connection with a congregation, branch or local unit in British Columbia, has been superannuated or placed on the supernumerary list, or is a retired religious representative in good standing of the religious body to which he or she belongs;
(c) that the person is, as a religious representative, recognized by the religious body to which he or she belongs as authorized to solemnize marriage according to its rites and usages;
(d) that the religious body to which the person belongs is sufficiently well established, both as to continuity of existence and as to recognized rites and usages respecting the solemnization of marriage, to warrant, in the opinion of the director, the registration of its religious representatives as authorized to solemnize marriage.
(2) If a religious representative is in British Columbia temporarily, and, if resident and officiating in British Columbia, might be registered under subsection (1) as authorized to solemnize marriage, the director may register the person as authorized to solemnize marriage during a period to be set by the director.
(3) A certificate of registration issued under subsection (2) must state the period during which the authority to solemnize marriage may be exercised.
Section 3 (1) and (2) BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
(1) A person must not be registered as a religious representative unless the chief executive officer is satisfied as follows:
(a) that the person is a religious representative ordained or appointed according to the rites and usages of the religious body to which he or she belongs, or is by the rules of that religious body deemed an ordained or appointed religious representative because of some earlier ordination or appointment;
(i) is, as a religious representative, in charge of or officiating in connection with a congregation, branch or local unit in British Columbia of the religious body to which he or she belongs, or
(ii) is a resident in British Columbia who was formerly in charge of or officiating in connection with a congregation, branch or local unit in British Columbia, has been superannuated or placed on the supernumerary list, or is a retired religious representative in good standing of the religious body to which he or she belongs;
(c) that the person is, as a religious representative, recognized by the religious body to which he or she belongs as authorized to solemnize marriage according to its rites and usages;
(d) that the religious body to which the person belongs is sufficiently well established, both as to continuity of existence and as to recognized rites and usages respecting the solemnization of marriage, to warrant, in the opinion of the chief executive officer, the registration of its religious representatives as authorized to solemnize marriage.
(2) If a religious representative is in British Columbia temporarily, and, if resident and officiating in British Columbia, might be registered under subsection (1) as authorized to solemnize marriage, the chief executive officer may register the person as authorized to solemnize marriage during a period to be set by the chief executive officer.
Section 3 (1) (a) to (c) BEFORE amended by 2023-10-537, effective March 30, 2023 (Royal Assent).
(a) that the person is a religious representative ordained or appointed according to the rites and usages of the religious body to which he or she belongs, or is by the rules of that religious body deemed an ordained or appointed religious representative because of some earlier ordination or appointment;
(i) is, as a religious representative, in charge of or officiating in connection with a congregation, branch or local unit in British Columbia of the religious body to which he or she belongs, or
(ii) is a resident in British Columbia who was formerly in charge of or officiating in connection with a congregation, branch or local unit in British Columbia, has been superannuated or placed on the supernumerary list, or is a retired religious representative in good standing of the religious body to which he or she belongs;
(c) that the person is, as a religious representative, recognized by the religious body to which he or she belongs as authorized to solemnize marriage according to its rites and usages;
Section 4 BEFORE amended by 2002-74-45, effective December 19, 2002 (BC Reg 381/2001).
4 (1) With or without a hearing, the director may cancel the registration of a person authorized under this Act to solemnize marriage if the director is satisfied that the person
(a) has failed to observe and perform the duties referred to in section 26, or
(b) has ceased to possess the qualifications entitling the person to be registered.
(2) On cancellation of the registration, the person whose registration is cancelled ceases to have authority to solemnize marriage under this Act.
(3) The director must mail notice of the cancellation at once by registered mail to the person whose registration is cancelled, addressed to the person's last known address in British Columbia.
(4) Immediately on receipt of the notice of cancellation, a person who is notified under subsection (3) must deliver his or her certificate of registration to the director for cancellation.
(5) A religious body whose religious representatives are registered under this Act as authorized to solemnize marriage must notify the director, in the form required by the director, of the name of every religious representative registered who
(a) has died,
(b) has ceased to reside in British Columbia, or
(c) has in any other way ceased to possess the qualifications entitling the religious representative to be registered.
Section 4 (1) and (3) to (5) BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
(1) With or without a hearing, the chief executive officer may cancel the registration of a person authorized under this Act to solemnize marriage if the chief executive officer is satisfied that the person
(a) has failed to observe and perform the duties referred to in section 26, or
(b) has ceased to possess the qualifications entitling the person to be registered.
(3) The chief executive officer must mail notice of the cancellation at once by registered mail to the person whose registration is cancelled, addressed to the person's last known address in British Columbia.
(4) Immediately on receipt of the notice of cancellation, a person who is notified under subsection (3) must deliver his or her certificate of registration to the chief executive officer for cancellation.
(5) A religious body whose religious representatives are registered under this Act as authorized to solemnize marriage must notify the chief executive officer, in the form required by the chief executive officer, of the name of every religious representative registered who
(b) has ceased to reside in British Columbia, or
(c) has in any other way ceased to possess the qualifications entitling the religious representative to be registered.
Section 4 (4) BEFORE amended by 2023-10-538, effective March 30, 2023 (Royal Assent).
(4) Immediately on receipt of the notice of cancellation, a person who is notified under subsection (3) must deliver his or her certificate of registration to the registrar general for cancellation.
Section 5 BEFORE amended by 2002-74-45, effective December 19, 2002 (BC Reg 381/2001).
5 (1) If the director refuses the application made on behalf of a person for registration under this Act as a religious representative authorized to solemnize marriage, or if the director cancels the registration of any religious representative, the person or the religious representative may appeal from the refusal or cancellation on a question of law to the Supreme Court within 3 months after the refusal or cancellation.
(2) On an application by the person or the religious representative, the court may direct the procedure to be followed in the appeal.
(3) The court may
(a) make an order confirming the refusal or cancellation of registration appealed from, or
(b) order the director to grant the application for registration or to reinstate the registration of the religious representative.
(4) An order under subsection (3) is final, and the director must give effect to the order.
Section 5 (1) and (3) (b) and (4) BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
(1) If the chief executive officer refuses the application made on behalf of a person for registration under this Act as a religious representative authorized to solemnize marriage, or if the chief executive officer cancels the registration of any religious representative, the person or the religious representative may appeal from the refusal or cancellation on a question of law to the Supreme Court within 3 months after the refusal or cancellation.
(b) order the chief executive officer to grant the application for registration or to reinstate the registration of the religious representative.
(4) An order under subsection (3) is final, and the chief executive officer must give effect to the order.
Section 7 (2) BEFORE amended by 2002-74-45, effective December 19, 2002 (BC Reg 381/2001).
(2) The registration of a religious representative under this Act, by the insertion of his or her name in the register kept by the director, is conclusive evidence
(a) that all the requirements of this Act in respect of registration and of matters precedent and incidental to registration have been complied with, and
(b) that the religious representative, so long as his or her registration remains in force, is a religious representative authorized to solemnize marriage.
Section 7 (2) BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
(2) The registration of a religious representative under this Act, by the insertion of his or her name in the register kept by the chief executive officer, is conclusive evidence
(a) that all the requirements of this Act in respect of registration and of matters precedent and incidental to registration have been complied with, and
(b) that the religious representative, so long as his or her registration remains in force, is a religious representative authorized to solemnize marriage.
Section 7 (3) BEFORE amended by 2011-11-49(a), effective April 5, 2016 (BC Reg 24/2016).
(3) Despite any law to the contrary, a person must not solemnize any marriage unless he or she is at the time a
(a) religious representative registered under this Act as authorized to solemnize marriage, or
Section 7 (2) and (3) (part) BEFORE amended by 2023-10-539, effective March 30, 2023 (Royal Assent).
(2) The registration of a religious representative under this Act, by the insertion of his or her name in the register kept by the registrar general, is conclusive evidence
(a) that all the requirements of this Act in respect of registration and of matters precedent and incidental to registration have been complied with, and
(b) that the religious representative, so long as his or her registration remains in force, is a religious representative authorized to solemnize marriage.
(3) Despite any law to the contrary, a person must not solemnize any marriage unless he or she is at that time
Section 11 (1) BEFORE amended by 2002-74-45, effective December 19, 2002 (BC Reg 381/2001).
(1) The director may sign a written declaration waiving the requirements of this Act as to registration of a religious representative in respect of a marriage if the director is satisfied by an affidavit that
(a) the marriage has been solemnized in British Columbia in good faith and intended compliance with this Act by a religious representative who was not registered as authorized to solemnize marriage, and in ignorance of the requirements of this Act,
(b) neither of the parties to the marriage was at the time under any legal disqualification to contract the marriage,
(c) the parties after that lived together and cohabited as husband and wife,
(d) neither of the parties has since contracted valid marriage according to law, and
(e) the validity of the marriage has not been questioned by action in any court.
Section 11 (1) (c) BEFORE amended by 2011-25-403, effective November 24, 2011 (Royal Assent).
(c) the parties after that lived together and cohabited as husband and wife,
Section 11 (1) BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
(1) The chief executive officer may sign a written declaration waiving the requirements of this Act as to registration of a religious representative in respect of a marriage if the chief executive officer is satisfied by an affidavit that
(a) the marriage has been solemnized in British Columbia in good faith and intended compliance with this Act by a religious representative who was not registered as authorized to solemnize marriage, and in ignorance of the requirements of this Act,
(b) neither of the parties to the marriage was at the time under any legal disqualification to contract the marriage,
(c) the parties after that lived together and cohabited as spouses,
(d) neither of the parties has since contracted valid marriage according to law, and
(e) the validity of the marriage has not been questioned by action in any court.
Section 13 (1) BEFORE amended by 2002-74-46(a), effective December 19, 2002 (BC Reg 381/2001).
(1) When a marriage is to be solemnized under section 12, a parent of one of the persons to be married must proclaim the intended marriage openly in an audible voice at 2 successive meetings or gatherings of Doukhobors within the registration district where at least one of the parties to the intended marriage has resided for the preceding 8 days.
Section 13 (4) and (5) BEFORE amended by 2002-74-46(b), effective December 19, 2002 (BC Reg 381/2001).
(4) At least 7 days before the day on which the marriage is to be solemnized, a person who has proclaimed an intended marriage under this section, or a person on his or her behalf, must mail to the district registrar of the registration district in which it is intended that the marriage is to be solemnized a declaration of the proclamation of the intended marriage in the form required by the director, or to a similar effect.
(5) Immediately after the solemnization of the marriage, one of the parties to the marriage must make a written record of it and file the record in the office of the district registrar of the registration district within which the marriage is solemnized.
Section 13 (4) and (5) BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
(4) At least 7 days before the date on which the marriage is to be solemnized, a person who has proclaimed an intended marriage under this section, or a person on their behalf, must provide the chief executive officer with a declaration, in a form acceptable to the chief executive officer, of the proclamation of the intended marriage.
(5) Immediately after the solemnization of the marriage, one of the spouses must make a written record of the solemnization and send the record to the chief executive officer.
Section 14 (3), (4) and (6) BEFORE amended by 2002-74-47, effective December 19, 2002 (BC Reg 381/2001).
(3) On being satisfied that a marriage has been validly entered into and solemnized in accordance with the rites and ceremonies of the Doukhobor faith or creed, the marriage commissioner must submit a report to this effect to the Director of Vital Statistics.
(4) On the direction of the Director of Vital Statistics, the marriage commissioner must register in accordance with section 25 a marriage in respect of which a report has been made under subsection (3) and prepare a record of the registration and deliver it to the district registrar under section 15 or 16 of the Vital Statistics Act.
(6) On the registration of a marriage by the marriage commissioner under this Act and by the district registrar of vital statistics under the Vital Statistics Act, the marriage is deemed to have been valid from the date of its solemnization.
Section 14 (2) BEFORE repealed by 2007-9-44, effective June 21, 2007 (BC Reg 226/2007).
(2) A marriage commissioner designated under subsection (1) has for the purposes of this section the powers and duties of a commissioner appointed under the Inquiry Act.
Section 14 (3), (4) and (6) BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
(3) On being satisfied that a marriage has been validly entered into and solemnized in accordance with the rites and ceremonies of the Doukhobor faith or creed, the marriage commissioner must submit a report to this effect to the chief executive officer.
(4) On the direction of the chief executive officer, the marriage commissioner must register in accordance with section 25 a marriage in respect of which a report has been made under subsection (3) and prepare a record of the registration and deliver it to the chief executive officer under section 15 or 16 of the Vital Statistics Act.
(6) On the registration of a marriage by the chief executive officer under the Vital Statistics Act, the marriage is deemed to have been valid from the date of its solemnization.
Section 16 (1) BEFORE amended by 2002-74-48, effective December 19, 2002 (BC Reg 381/2001).
(1) An application for a marriage licence must be made by filing with the issuer of marriage licences an affidavit, in the form required by the director.
Section 16 (1) BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
(1) An application for a marriage licence must be made by filing with the issuer of marriage licences an affidavit, in the form required by the chief executive officer.
Section 19 (2) and (3) BEFORE amended by 2002-74-48, effective December 19, 2002 (BC Reg 381/2001).
(2) A licence must not be issued under subsection (1)
(a) unless the petitioner first delivers to the issuer of marriage licences or marriage commissioner a copy of the order of presumption of death certified by the district registrar or deputy district registrar of the court, and also an affidavit by him or her in the form required by the director, and
(b) unless the other party to the intended marriage makes and delivers to the issuer of marriage licences or marriage commissioner an affidavit in the form required by the director.
(3) The issuer of marriage licences or marriage commissioner must forward the certified order of presumption of death and both affidavits to the director.
Section 19 (1) BEFORE amended by 2009-13-239, effective March 31, 2014 (BC Reg 148/2013).
(1) If an order has been granted to an applicant under the Survivorship and Presumption of Death Act, on fulfillment of any preliminary requirements under this Act, an issuer of marriage licences may issue a licence authorizing the solemnization of a marriage to which the petitioner is an intended party.
Section 19 (2) (a) and (b) BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
(a) unless the petitioner first delivers to the issuer of marriage licences or marriage commissioner a copy of the order of presumption of death certified by the district registrar or deputy district registrar of the court, and also an affidavit by him or her in the form required by the chief executive officer, and
(b) unless the other party to the intended marriage makes and delivers to the issuer of marriage licences or marriage commissioner an affidavit in the form required by the chief executive officer.
Section 19 (3) BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
(3) The issuer of marriage licences or marriage commissioner must forward the certified order of presumption of death and both affidavits to the chief executive officer.
Section 19 (2) (a) BEFORE amended by 2023-10-540, effective March 30, 2023 (Royal Assent).
(a) unless the petitioner first delivers to the issuer of marriage licences or marriage commissioner a copy of the order of presumption of death certified by the district registrar or deputy district registrar of the court, and also an affidavit by him or her in the form required by the registrar general, and
Section 20 (c) BEFORE amended by 2011-25-404, effective November 24, 2011 (Royal Assent).
(c) each of the parties to the marriage says to the other, "I call on those present to witness that I, A.B., take C.D. to be my lawful wedded wife (or husband)".
Section 21 BEFORE renumbered as 21 (1) and (2) was added by 2011-11-52, effective April 5, 2016 (BC Reg 24/2016).
Religious ceremony after civil or treaty first nation marriage
21 If any parties married by civil contract by a marriage commissioner desire a religious ceremony in addition, the marriage commissioner's certificate containing a copy of the registration of the marriage of the parties made under section 25 is sufficient evidence to any qualified religious representative that he or she is authorized to solemnize marriage between those parties.
Section 21 BEFORE amended by 2023-10-541, effective March 30, 2023 (Royal Assent).
Religious ceremony after civil or treaty first nation marriage
21 (1) If any parties married by civil contract by a marriage commissioner desire a religious ceremony in addition, the marriage commissioner's certificate containing a copy of the registration of the marriage of the parties made under section 25 is sufficient evidence to any qualified religious representative that he or she is authorized to solemnize marriage between those parties.
(2) If parties married by a treaty first nation designate desire a religious ceremony in addition, the treaty first nation designate's certificate containing a copy of the registration of the marriage of the parties made under section 25 is sufficient evidence to any qualified religious representative that he or she is authorized to solemnize marriage between the parties.
Section 22 (2) BEFORE amended by 2002-74-48, effective December 19, 2002 (BC Reg 381/2001).
(2) The director may issue an order permitting the remarriage of the parties after being satisfied
Section 22 (2) BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
(2) The chief executive officer may issue an order permitting the remarriage of the parties after being satisfied
(a) that an informality exists in the proceedings connected with the previous marriage, or
(b) that the certificate of the previous marriage or the registration of the previous marriage or the marriage register containing the entry of the previous marriage has been lost or destroyed or is unavailable because of circumstances beyond the control of the parties.
Section 24 BEFORE amended by 2002-74-48, effective December 19, 2002 (BC Reg 381/2001).
24 (1) If the issuer decides against the person lodging the caveat, that person may appeal to the director, on giving notice of the intention to appeal within 2 clear days after the decision, stating the grounds of the appeal.
(2) The decision of the director on the appeal is final, and must be given effect by the issuer.
(3) The issuer may in case of doubt refer the matter of the caveat to the director for advice.
Section 24 BEFORE amended by 2014-14-83, effective May 29, 2014 (Royal Assent).
Appeal from issuer
24 (1) If the issuer decides against the person lodging the caveat, that person may appeal to the chief executive officer, on giving notice of the intention to appeal within 2 clear days after the decision, stating the grounds of the appeal.
(2) The decision of the chief executive officer on the appeal is final, and must be given effect by the issuer.
(3) The issuer may in case of doubt refer the matter of the caveat to the chief executive officer for advice.
Section 25 (3), (4) BEFORE amended by 2002-74-49, effective December 19, 2002 (BC Reg 381/2001).
(3) Books for the registration of marriages under this section must be supplied free of charge by the director but remain the property of the director's office and must be returned to the director on demand or on the holder ceasing to be authorized to solemnize marriage.
(4) The director, or a person designated by the director, may, during normal business hours and as often as the director considers necessary, inspect marriage registers and compare them with the returns of marriages.
Section 25 (5) (b) BEFORE amended by 2002-74-49, effective December 19, 2002 (BC Reg 381/2001).
(b) if there is no successor appointed at the time of moving or transferring, to the district registrar of the district in which the pastoral charge is located.
Section 25 (3) BEFORE amended by 2014-14-84(a), effective May 29, 2014 (Royal Assent).
(3) Books for the registration of marriages under this section must be supplied free of charge by the chief executive officer but remain the property of the chief executive officer's office and must be returned to the chief executive officer on demand or on the holder ceasing to be authorized to solemnize marriage.
Section 25 (4) and (5) BEFORE amended by 2014-14-84(b), effective May 29, 2014 (Royal Assent).
(4) The chief executive officer, or a person designated by the chief executive officer, may, during normal business hours and as often as the chief executive officer considers necessary, inspect marriage registers and compare them with the returns of marriages.
(5) If a religious representative in charge of, or officiating in connection with, a congregation, branch or local unit in British Columbia of the religious body to which he or she belongs moves or transfers out of British Columbia, the religious representative must surrender every marriage register issued to him or her under subsection (3)
(a) to his or her successor in the pastoral charge, or
(b) if there is no successor appointed at the time of moving or transferring, to the chief executive officer.
Section 25 (1) BEFORE amended by 2011-11-55(a), effective April 5, 2016 (BC Reg 24/2016).
(1) When a religious representative or a marriage commissioner solemnizes a marriage he or she must register the marriage by entering a memorandum of it in a book kept by him or her for that purpose under this section or by the religious body to which the religious representative belongs.
Section 25 (2) (c) BEFORE amended by 2011-11-55(b), effective April 5, 2016 (BC Reg 24/2016).
(c) by the religious representative or the marriage commissioner who solemnized the marriage.
Section 25 (1) and (5) BEFORE amended by 2023-10-542, effective March 30, 2023 (Royal Assent).
(1) When a religious representative, marriage commissioner or treaty first nation designate solemnizes a marriage, he or she must register the marriage by entering a memorandum of it in a book kept under this section for that purpose by
(b) the religious body to which the religious representative belongs, or
(c) the treaty first nation of which the treaty first nation designate is a treaty first nation member.
(5) If a religious representative in charge of, or officiating in connection with, a congregation, branch or local unit in British Columbia of the religious body to which he or she belongs moves or transfers out of British Columbia, the religious representative must surrender every marriage register issued to him or her under subsection (3)
(a) to his or her successor in the pastoral charge, or
(b) if there is no successor appointed at the time of moving or transferring, to the registrar general.
Section 26 BEFORE amended by 2023-10-543, effective March 30, 2023 (Royal Assent).
Performance of duties under Vital Statistics Act
26 A religious representative, marriage commissioner or treaty first nation designate by whom a marriage is solemnized must also observe and perform the duties imposed on him or her under the Vital Statistics Act respecting the records of the marriage.
Section 28 (1) BEFORE amended by 2011-25-405, effective November 24, 2011 (Royal Assent).
(1) Except as provided in subsections (2) to (4), a marriage of a person, not being a widower or widow, who is a minor must not be solemnized, and a licence must not be issued, unless consent in writing to the marriage is first given
(a) by both parents of that person if both are living and are joint guardians, or by the parent having sole guardianship if they are not joint guardians or by the surviving parent if one of them is dead,
(b) if both parents are dead, or if neither parent is a guardian, by a lawfully appointed guardian of that person, or
(c) if both parents are dead, and there is no lawfully appointed guardian, by the Public Guardian and Trustee or the Supreme Court.
Section 28 (1) (a), (b) and (c) BEFORE replaced by 2011-25-406, effective March 18, 2013 (BC Reg 131/2012).
(a) by both parents of that minor if both are living and are joint guardians, or by the parent having sole guardianship if they are not joint guardians or by the surviving parent if one of them is dead,
(b) if both parents are dead, or if neither parent is a guardian, by a lawfully appointed guardian of that minor, or
(c) if both parents are dead, and there is no lawfully appointed guardian, by the Public Guardian and Trustee or the Supreme Court.
Section 28 (2) BEFORE amended by 2023-10-544, effective March 30, 2023 (Royal Assent).
(2) If a person whose consent under this section is required to a marriage is outside British Columbia, or unreasonably or from undue motives refuses or withholds consent to the marriage, or if his or her location is unknown and the court is satisfied that the location has not been found after a diligent search, the person in respect of whose marriage consent is required may apply by petition to the Supreme Court for a declaration under this section.
Section 31 BEFORE renumbered 31 (1) and (2) was added by 2011-11-57, effective April 5, 2016 (BC Reg 24/2016).
Section 34 BEFORE amended by 2002-74-50, effective December 19, 2002 (BC Reg 381/2001).
34 Every certificate, or copy of any registration or document under this Act, certified by the religious representative, director or marriage commissioner extracting it, is evidence of all the matters and things contained in it.
Section 35 BEFORE amended by 2011-11-58, effective April 5, 2016 (BC Reg 24/2016).
Offences
35 An issuer of marriage licences who issues a licence for a marriage, and a religious representative or marriage commissioner who solemnizes a marriage, knowing or having reason to believe that either of the parties to the intended marriage or to the marriage is a mentally disordered person or is impaired by drugs or alcohol, commits an offence and is liable on conviction to a penalty of not more than $500.