Steps To Getting Married In Ontario, Canada For Same-Sex Couples From the United States of America

Things Required When Getting Married in the Province of Ontario

In order to get married in Ontario, you will require the following:

• A marriage license (be aware the process, cost, etc. may vary from region to region)
• A person authorized to perform the ceremony
• Two witnesses to be present to attend the ceremony (witnesses can usually be found where you get the license)

There are no residency or citizenship requirements for couples who wish to marry in Canada. Blood tests or medical certificates are not required.

Applying for a Marriage License

In Ontario, both parties must fill out the license application and either party can appear at any city or town hall to submit it. However this individual must provide the following information and documents for both of the parties who intend to marry :

• A birth certificate or passport and one piece of photo identification such as a driver’s license or health card
• Written parental consent if under 18 years of age
• Proof of divorce if divorced in Canada (certified final proof)
• Authorization of the Ministry of Consumer and Business Services if divorced outside of Canada (more on this later)

A marriage application can be downloaded from the Internet at the web site - www.cbs.gov.on.ca. The form still notes “bride” and “bridegroom” but there is no request for information on gender, so just put one name on one side and one name on the other. There is no waiting period in Ontario after you get the license. License fees vary from city to city but are usually under $150.00 Canadian. A marriage license is valid for use anywhere in Ontario for a period of three months from the date of issue.

If You Have Been Divorced Before

This specifically refers to one or both of you having been in an opposite sex marriage that you subsequently dissolved through divorce. If you wish to (re)marry in Ontario (i.e., if you now wish to come to Ontario to enter into a same-sex marriage), the process varies depending on where your divorce took place. If the divorce took place in Canada, you only need to bring the original or a court-certified copy of your final divorce decree, final judgment or a certificate of divorce.

However if you were divorced outside of Canada, the process requires a bit more. Section 8(3) of the Marriage Act requires that where a former marriage was dissolved or annulled in a jurisdiction other than Canada, an authorization must be obtained from the Minister of Consumer and Business Services.

In order to get this authorization, you must send the following materials to the Office of the Registrar General:

• A completed marriage license application signed by both applicants for the marriage license
• A Statement of Sole Responsibility for each divorce that is likewise signed by both of you. This form states that you both acknowledge that your receipt of a marriage license does not mean that the courts of Ontario will recognize your previous divorce. The Statement of Sole Responsibility can be downloaded from the Internet at this web site – www.forms.ssb.gov.on.ca.
• An original or court-certified copy of your final divorce decree (if the decree is in a language other than French or English, a certified translation must be provided)
• A legal opinion letter from an Ontario lawyer, addressed to both of you, explaining why the divorce should be recognized in the Province of Ontario)

These documents are then sent to:

Office of Registrar General (Marriage Office)
P.O. Box 4600
189 Red River Road
Thunder Bay, Ontario
P7B 6L8.

Enquiries regarding the authorization process should be directed to the Office of the Registrar General at (416) 325-8305 (their fax number is 1-807-343-7459). Business hours are from 8:30 a.m. to 5:00 p.m. from Monday to Friday.

The Ministry will hopefully be able to give you a timeframe for receiving your authorization to apply for a marriage license. This is an important thing to remember when picking a potential date for your wedding because no authorization = no marriage license = no wedding. So give yourself plenty of time to get your paperwork done.

Once you have obtained the authorization of the Minister of Consumer and Business Services, the document must then be submitted along with the marriage license application form, license fee and any other applicable documents such as the Statement of Sole Responsibility.

Having A Civil Ceremony or Having A Religious Ceremony

A couple getting married in Ontario can have a civil ceremony or a religious ceremony. In Ontario, a Judge or Justice of the Peace can perform a civil ceremony. For locations where civil ceremonies are performed in Toronto, please visit the web site at www.gaytorontotourism.com/samesex.htm. If you are looking at having your civil ceremony in another location in Ontario, I would suggest checking the city’s web site for the specifics of civil ceremonies there. (For instance, see www.city.stratford.on.ca for information on getting married in Stratford, Ontario. You can find a comprehensive list Ontario municipal website at www.amo.on.ca/YLG/ylg/ontario.html)

Any religious representative who is recognized by a religious body to perform a marriage and is registered to perform marriages under the Marriage Act in Ontario can perform the religious ceremony. Be aware that under the Civil Marriage Act (the legislation that legalized same-sex marriage across Canada on July 20, 2005), a religious group can refuse to marry same-sex couples if same-sex marriage is against its religious beliefs. (see www.justice.gc.ca/en/fs/ssm/index.html if you are curious about the Civil Marriage Act and wish to view the legislation in its entirety).

However this is not a real obstacle if you wish to have a religious ceremony. Same-sex marriages are performed by many different religious groups including the Unitarian Universalist Church (see www.uua.org), the United Church of Canada (see www.affirmunited.ca) and some Reform Jewish congregations (see www.samesexmarriage.ca/legal/ontario_case/appeal/CCLR.htm for information on the Canadian Coalition of Liberal Rabbis for Same-Sex Marriage). Information on this issue can also be found at www.religioustolerance.org.

So there you have it – the steps necessary for getting your marriage license issued in Ontario. Good luck.