Acts and Regulations

85-30 - General

Full text
Current to 1 January 2024
NEW BRUNSWICK
REGULATION 85-30
under the
Marriage Act
(O.C. 85-150)
Filed March 6, 1985
Under section 32 of the Marriage Act, the Lieutenant-Governor in Council makes the following Regulation:
2014-29
1This Regulation may be cited as the General Regulation - Marriage Act.
2In this Regulation
“Act” means the Marriage Act.(Loi)
3(1)For the purposes of subsection 2(2) 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; 2014-29
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
5.01For the purposes of section 5.2 of the Act, members of the Law Society of New Brunswick are eligible to be appointed as civil officiants, except for the following members:
(a) a former member of the Law Society of New Brunswick;
(b) a person authorized to practise in New Brunswick the law of a country other than Canada, or of an internal jurisdiction of that country, under subsection 33(5) of the Law Society Act, 1996;
(c) an inter-jurisdictional law firm authorized to practise law under section 36 of the Law Society Act, 1996;
(d) a professional corporation authorized to practise law under section 37 of the Law Society Act, 1996; and
(e) an honorary member of the Law Society of New Brunswick appointed under section 15 of the General Rules under the Law Society Act, 1996.
2014-29
5.02(1)The application fee for an appointment or the renewal of an appointment as a civil officiant is $100.
5.02(2)A person who requests the processing of his or her application on an expedited basis shall pay a fee of $50 in addition to the fee set out in subsection (1).
2014-29
5.1On and after April 4, 2016, the fee payable for a marriage licence issued under section 16 of the Act is $115.
2008-148; 2016-12; 2018-17
5.2Repealed: 2018-17
2016-12; 2018-17
5.3On and after April 4, 2016, the fee payable for the replacement of a marriage licence is $20.
2016-12; 2018-17
5.4Repealed: 2018-17
2016-12; 2018-17
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 17(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 17(4) of the Act.
87-98; 91-187; 2014-29
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 $50 if the marriage is solemnized during the normal office hours of the Court.
86-108; 93-106; 2014-29
9The fee for lodging a caveat under subsection 19(1) of the Act is $25.
2014-29
10Repealed: 86-20
86-20
11A Notice of Application referred to in subsection 20(4) of the Act shall be in Form 73A of the Rules of Court.
86-20; 87-98; 95-75; 2014-29
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 February 14, 2018.