Acts and Regulations

85-30 - General

Full text
NEW BRUNSWICK
REGULATION 85-30
under the
Marriage Act
(O.C. 85-150)
Filed March 6, 1985
Under section 35 of the Marriage Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Marriage Act.
2In this Regulation
“Act” means the Marriage Act.
3(1)For the purposes of paragraph 2(2)(b) of the Act, a church or religious denomination is permanently established as to the continuity of its existence where the church or religious denomination has
(a) subject to subsection (2), at least five years of continuous existence in New Brunswick as an organized society, association or body of religious believers or worshipers, and
(b) a membership consisting of not less than twenty-five persons who
(i) are nineteen years of age or more,
(ii) profess to believe in the same religious doctrines, dogma or creed, and
(iii) are organized for religious worship.
3(2)The five years of continuous existence in New Brunswick provided for in paragraph (1)(a) does not apply to a church or religious denomination whose founding members were previously members of another church or religious denomination if such other church or religious denomination meets the criteria prescribed in subsection (1).
86-20
4The Registrar shall not register a cleric who is under nineteen years of age for the purposes of solemnization of marriage.
87-98
5(1)On or before the first day in February in each year, the ecclesiastical authority or governing body of a church or religious denomination shall forward to the Registrar a list of the names of the clerics of the church or religious denomination who were granted registration as being authorized to solemnize marriage or whose registration as being authorized to solemnize marriage was cancelled in the preceding calendar year.
5(2)The list referred to in subsection (1) shall not include the names of the clerics of the church or religious denomination who were granted temporary registration under the Act in the preceding calendar year.
86-20; 87-98; 95-75
6(1)Repealed: 91-187
6(2)Repealed: 87-98
6(3)Repealed: 91-187
6(4)Repealed: 91-187
86-20; 87-98; 91-187
6.1(1)A Certificate of Divorce or a certified copy of it, or a certified copy of a final decree, judgment or order granting a divorce constitutes proof of divorce for the purposes of subsection 16(4) of the Act.
6.1(2)A certificate in respect of a registration of death issued by the Registrar or any other competent authority in the jurisdiction where the death occurred or a statement by a funeral director verifying the death constitutes proof of death for the purposes of subsection 16(4) of the Act.
87-98; 91-187
7Repealed: 85-91
85-91
8Repealed: 2000-22
88-82; 91-77; 92-118; 2000-22
8.1The fee for the solemnization of a marriage by a clerk of the Court is fifty dollars if the marriage is solemnized during the normal office hours of the Court.
86-108; 93-106
9The fee for the lodging of a caveat under subsection 18(1) of the Act is twenty-five dollars.
10Repealed: 86-20
86-20
11A Notice of Application referred to in subsection 19(4) of the Act shall be in Form 73A of the Rules of Court.
86-20; 87-98; 95-75
12Regulation 98, Statutory Orders and Regulations, 1963, under the Marriage Act and New Brunswick Regulation 74-180 under the Marriage Act are repealed.
13This Regulation comes into force on April 1, 1985.
SCHEDULE A
Repealed: 86-20
86-20
FORM 1
Repealed: 95-75
86-20; 87-98; 95-75
FORM 2
Repealed: 95-75
86-20; 87-98; 95-75
FORM 3
Repealed: 95-75
86-20; 87-98; 95-75
FORM 4
Repealed: 95-75
86-20; 87-98; 95-75
FORM 5
Repealed: 95-75
86-20; 87-98; 95-75
FORM 6
Repealed: 95-75
86-20; 87-98; 95-75
FORM 7
Repealed: 95-75
86-20; 87-98; 95-75
FORM 8
Repealed: 95-75
86-20; 87-98; 95-75
FORM 9
Repealed: 95-75
86-20; 87-98; 95-75
FORM 10
Repealed: 95-75
86-20; 87-98; 95-75
FORM 11
Repealed: 87-98
86-20; 87-98
N.B. This Regulation is consolidated to June 30, 2000.