BILL 36 - An Act to Amend the Marriage Act

BILL 36

An Act to Amend the Marriage Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 13 of the Marriage Act, chapter M-3 of the Revised Statutes, 1973, is amended by repealing subsection (1) and substituting the following:

13(1) The Minister may appoint one or more competent persons who are employed in the public service of New Brunswick, as set out in Part I of the First Schedule of the Public Service Labour Relations Act, to issue marriage licences under this Act.

2 Section 14 of the Act is amended

(a) by repealing subsection (7);

(b) by repealing subsection (7.1).

3 Section 14.1 of the Act is repealed.

4 Section 15 of the Act is amended by striking out "and upon payment of the fee prescribed by regulation with respect to the issuing of licences".

5 Paragraph 35(c.4) of the Act is repealed.

6 The Act is amended by adding after section 35 the following:

35.1 Regulations made under section 35 may be made retroactive in their operation.

7(1) The appointment of every issuer of marriage licences who is not a person employed in the public service of New Brunswick, as set out in Part I of the First Schedule of the Public Service Labour Relations Act, is revoked.

7(2) No action, application or other proceeding lies against the Crown in right of the Province as a result of the revocation of appointments under subsection (1).

8 This Act comes into force on May 1, 2000.

EXPLANATORY NOTES

Section 1

The existing provision is as follows:

13(1) The Minister may appoint one or more competent persons in each county to issue marriage licences under this Act.

Section 2

(a) The existing provision is as follows:

14(7) Every issuer shall pay in accordance with the regulations to the Registrar for the use of the Province such fee as is prescribed by regulation for each licence received by him and the issuer shall be entitled to demand and receive from the person requiring the licence such fee as is prescribed by regulation.

(b) The existing provision is as follows:

14(7.1) Notwithstanding subsection (7), every issuer employed by the Crown shall receive such blank licences as required without fee and such issuer shall be entitled to demand and receive from the person requiring the licence such fee as is prescribed by regulation, which fee shall be submitted to the Registrar for the use of the Province.

Section 3

The existing provision is as follows:

14.1(1) Notwithstanding any other provision in this Act, where

(a) a person has previously purchased a licence for marriage,

(b) the licence has expired, been lost or destroyed,

(c) the person requires another licence to marry in respect of the same persons who desired to marry pursuant to the licence referred to in paragraph (b), and

(d) the payment of the prescribed fee for the licence, in the opinion of the Minister, would constitute an undue hardship,

the Minister may waive all or part of the prescribed fee.

14.1(2) Notwithstanding subsection 14(7), where the Minister has waived all the fee for a licence under subsection (1), no issuer is liable to pay any fee under subsection 14(7) in respect of the licence so issued and no issuer shall demand or receive from the person requiring the licence the fee that would otherwise be payable for the licence.

14.1(3) Notwithstanding subsection 14(7), where the Minister has waived part of the fee for a licence under subsection (1), an issuer referred to in subsection 14(7) shall pay that portion of the fee that would otherwise be payable, as determined by the Minister, and every issuer is entitled to demand or receive from the person requiring the licence the portion of the fee that has not been waived by the Minister.

14.1(4) An issuer employed by the Crown shall submit a fee received under subsection (3) to the Registrar for the use of the Province.

Section 4

The existing provision is as follows:

15 Upon application in the manner prescribed by this Act and upon payment of the fee prescribed by regulation with respect to the issuing of licences, an issuer may issue to the persons desiring to marry, and who are lawfully entitled thereto, a licence authorizing the solemnization of the marriage in the Province by a cleric or a clerk of the Court pursuant to this Act.

Section 5

The existing provision is as follows:

35 The Lieutenant-Governor in Council may make regulations...

(c.4) respecting the payment of a fee for a licence received by an issuer under subsection 14(7);

Section 6

Regulations made under the Act may be retroactive.

Section 7

The appointments of issuers of marriage licences who are not employed in the public service of New Brunswick are revoked, and no action, application or other proceeding may be brought against the Crown as a result of such revocation.

Section 8

Commencement provision.