M a r r i a g e C o mm i s s i o n e r s ’ Guide to Vital Statistics Procedures prepared by: Vital Statistics Agency VSA 018 2016/09/15 Table of Contents INTRODUCTION............................................................................................... 1 Vital Statistics Agency.............................................................................................1 Marriage commissioner program .................................................................... 2 Contacts For Assistance....................................................................................... 4 Law................................................................................................................... 6 Confidentiality............................................................................................................6 MARRIAGE ACT................................................................................................................ 7 Policy............................................................................................................. 8 Marriage Commissioner Appointments ........................................................... 8 Terms And Conditions Of Appointment............................................................. 9 Fees And Charges ................................................................................................... 12 Dress And Presentation ...................................................................................... 13 IDENTIFICATION........................................................................................................... 14 Procedures............................................................................................... 15 Initial Contact By Couple......................................................................................15 Marriage Licence And Registration Of Marriage.......................................17 Marriage Register...................................................................................................22 Receipt For Civil Marriage ................................................................................. 24 The Ceremony .......................................................................................................... 25 Witnesses....................................................................................................................27 use of surname after marriage........................................................................28 Time frames.................................................................................................................29 Vacation........................................................................................................................31 Accounting.................................................................................................................33. Supplies........................................................................................................................34 Introduction Vital Statistics Agency The primary function of the Vital Statistics Agency is to register and issue certificates for all vital events that occur in British Columbia. The Agency registers and certifies all births, deaths, stillbirths, marriages and changes of names. The authorities and powers of the Agency are spelled out in the Vital Statistics Act, Marriage Act, Name Act, and Part II of the Wills, Estates and Succession Act. The Agency also maintains a number of important registries. They include the Religious Representatives Registry which keeps records of the number of religious representatives from various denominations recognized under the Marriage Act; the Wills Registry which is a central resource for filing of wills notices; and the Health Status Registry which records the incidence and prevalence of various congenital and handicapping conditions. Other services provided by the Agency include issuing marriage licences, appointing and training personnel to act as vital statistics registrars, marriage licence issuers and marriage commissioners; performing civil marriages; searching the wills registry for wills notices; and genealogy tracing. The Vital Statistics Agency maintains and compiles statistics which are used by the ministry, the private sector, special interest groups, universities, and other government jurisdictions. The Agency also provides services and assists individuals to analyze and interpret statistics and data. All personal identifiers are removed from the data to maintain confidentiality and privacy. The Private Marriage Commissioner program in British Columbia started in 1982 with two commissioners performing 200 marriages. The program has grown in every community to the present level of approximately 370 Marriage Commissioners performing about 63% of the annual marriages currently taking place in British Columbia. 1 Introduction Marriage Commissioner Program In 1982, the Private Marriage Commissioner program was implemented to allow couples the option to be married outside of either a religious setting or a government office. In the first year of the program, two Commissioners performed approximately 200 marriages. Based on the popularity of the program, further recruitment of individuals willing to provide this public service was undertaken. The program has grown in virtually every community to where approximately 370 Marriage Commissioners perform ceremonies throughout the province. As more and more people are exposed to this wedding alternative, the Marriage Commissioner program continues to gain popularity. Every week the Vital Statistics Agency receives letters from individuals expressing an interest in being appointed as a Marriage Commissioner. Because participation in the program is so popular, the Agency can no longer keep applications on file pending a vacancy. Rather, individuals are asked to watch their local newspaper and monitor the Agency website where any vacancies will be advertised. Every year the Regional Managers review the number of civil marriages performed by each Commissioner and in each community. As a rule of thumb, the Agency annually reviews community needs based on Marriage Commissioners not performing more than 100 weddings annually. The Agency’s objective is to ensure couples have as much freedom of choice in arranging both the date and time of the event. The Marriage Commissioner program is recognized as a valuable public service rooted in the principle of direct service to the public by members of the community. 2 Introduction Marriage Commissioner Program It is important to remember that the intent of the Marriage Commissioner program is to provide Marriage Commissioners with the opportunity to share, along with the couple and their guests, the excitement and enjoyment of the civil marriage experience. After five years, during the re-appointment process, each Marriage Commissioner has the opportunity to stop and reflect on their involvement with the program. Marriage Commissioners are reminded that they may discuss their individual options with their Regional Manager at this, or any time during the appointment period. 3 Introduction Contacts For Assistance Civil marriage ceremonies are the responsibility of the Vital Statistics Agency, and private Marriage Commissioners are appointed by the Agency to officiate at those events. For assistance in situations that are unusual, Regional Managers are available by phone, seven days a week. For convenience, the Province is divided into three regions with a Regional Manager of Vital Statistics assigned to each region. The Regional Manager is responsible for recruitment, training and all facets of the Marriage Commissioner program. Wanda Vincent Greater Vancouver & Sunshine Coast 250 952-9035 (Victoria) Cell: 250 415-3395 Mark Spearman Vancouver Island & Coast 250 952-9092 Cell: 250 217-4403 4 Ingrid Bloomfield Interior & the North 250 712-3260 Cell: 250 864-3551 Introduction Contacts For Assistance A toll free line is also available during normal business hours for your use when calling outside the Victoria area: 1-888-212-1188. For direct access to the Regional Managers offices, once the recorded message begins, press: (2) Victoria (Linda Greenman and Anna Taylor, Assistant Regional Managers) (3) Vancouver (Diane Pappas and Roben Sinclair, Assistant Regional Managers) (5) Kelowna (Darlene Cross and Elizabeth Noble, Assistant Regional Managers) 5 Law Confidentiality Marriage Commissioners have access to confidential and personal information about the parties to the marriages they perform. The information a Marriage Commissioner receives on behalf of the Vital Statistics Agency is subject to confidentiality rules specified in law. Besides the personal information you collect, you may be questioned by the press about your appointment (i.e. how were you appointed, how many marriages do you perform, etc.) IMPORTANT: If you receive a request for information in any form, including a call from a member of the press - CONTACT YOUR VITAL STATISTICS REGIONAL MANAGER. 6 If you become aware that an intended ceremony may be televised, please contact your Regional Manager in advance. Law Marriage Act Throughout the guidebook, reference is made to legal requirements in the Marriage Act of British Columbia. Copies of this Act, as well as the Vital Statistics Act and the Name Act of British Columbia, may be viewed on the internet at: www.bclaws.ca/. 7 Policy Marriage Commissioner Appointments Private Marriage Commissioners will be appointed for a maximum period of ten years. A renewal of the initial appointment of five years will be conditional upon satisfactory performance and mutual agreement between the Marriage Commissioner and their Regional Manager of Vital Statistics. Marriage Commissioner appointments may be rescinded at the request of the Marriage Commissioner or as a result of the breaching of the Terms and Conditions of Appointment or of policy set by the Agency. The appointment is for a specified area. Should you plan to move out of the area, contact your Regional Manager for information. Criteria Criteria for appointment to, and retention of status as a Marriage Commissioner is based on the following: • retired from steady employment • no involvement in any activity that may cause actual or perceived conflict of interest • known and active in their community • mature, articulate, self-reliant and well-groomed • must have their own transportation • preference to persons with current computer skills 8 Policy Terms And Conditions Of Appointment Terms and Conditions of Appointment As a Private Marriage Commissioner you are subject to the Terms and Conditions of your appointment. Arrangements for training and authority to undertake the appointment will be conditional upon the Vital Statistics Agency receiving the original signed copy of the terms and conditions. Appointments are for a maximum term of ten years with a formal renewal after the first five years. You are required to accept the terms and conditions at the time of your initial appointment and again at the time of your five year renewal. 1. Procedures governing the performance of civil ceremonies shall be as specified by the Registrar General of the BC Vital Statistics Agency in an accessible format, including any changes that are made from time to time. 2. Announcements confirming appointments of Marriage Commissioners and availability shall be as specified by the Registrar General of the BC Vital Statistics Agency. No other form of advertising by Marriage Commissioners is permitted. 3. All records created and/or received by a Marriage Commissioner are the property of the BC Vital Statistics Agency and must be kept in confidence, separately from all others. 4. The records of Marriage Commissioners and their manner of performing civil ceremonies are subject to audit by persons appointed by the Registrar General of the BC Vital Statistics Agency. These people will identify themselves to Marriage Commissioners before reviewing records and before auditing the performance of civil ceremonies. 5. The services of a Marriage Commissioner are limited to the attesting of vows and the legal solemnization of a marriage as provided under the Marriage Act of British Columbia and do not include ceremony planning or coordination or consultation services, which are provided by commercial vendors. 6. The services of a Marriage Commissioner must not be limited or restricted on the basis of race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, or sexual orientation as prohibited by the Human Rights Code of British Columbia. 9 Policy TERMS AND CONDITIONS OF APPOINTMENT 7. The fees charged to persons requiring the services of a Marriage Commissioner shall be as prescribed in accordance with section 20 of the Marriage Act of British Columbia. No other charges shall be made by a Marriage Commissioner unless otherwise authorized by the Registrar General of the BC Vital Statistics Agency. Revenue Returns are to be reported on a monthly basis. 8. Marriage Commissioners are to provide services in the area of the Province of British Columbia to which they are assigned by the Registrar General of the BC Vital Statistics Agency. Any absence from that area must be reported personally to the Registrar General of the BC Vital Statistics or his or her designate (i.e. a Regional Manager), so that alternative arrangements can be made. 9. Private Marriage Commissioner appointments, initiated after April 1, 2001, are not intended to exceed a period of ten years of total service. Renewal of five-year appointments shall not be made more than once following the initial five-year appointment. 10.As a Marriage Commissioner, your appointment is subject to your compliance with all policies and procedures as established by the Registrar General of the BC Vital Statistics Agency, including any changes that are made and communicated to Marriage Commissioners subsequent to the appointment. 11.The Province of British Columbia does not accept any liability for the actions of Marriage Commissioners. Marriage Commissioners are responsible for obtaining their own liability insurance and legal advice. 10 Policy TERMS AND CONDITIONS OF APPOINTMENT The Registrar General of the Agency has been delegated the authority to appoint Marriage Commissioners. As a Marriage Commissioner, your appointment is subject to your compliance with all policies and procedures as established by the Registrar General of the Agency. For its part, the Vital Statistics Agency is responsible for ensuring that you have the tools and resources to fulfill your Marriage Commissioner responsibilities as defined by the Registrar General of the Agency. Commission The amount of commission retained by a Marriage Commissioner is set by law and is subject to review on an ongoing basis. Once you have collected the statutory fee for the civil marriage from the couple, you are only required to submit to the Agency the balance of funds on a monthly basis after retaining your commission. 11 Policy Fees And Charges Civil Marriage Fees charged to persons for the performance of a civil marriage are Ceremony under section 20 of the Marriage Act of British Columbia. Marriage Commissioners are required to collect the following standard fee for solemnizing a marriage: • Base Civil Ceremony Fee $75.00 • GST $ 3.75 $78.75 Additional Fees • $25 per hour for time spent preparing and performing the ceremony, rehearsal, and travel time. (Additional fees apply only to time over and above one hour which is included in the base ceremony fee.) • Mileage: $0.53 per kilometre. • Parking or ferry (if applicable). * The base civil ceremony fee of $78.75 applies to civil marriage ceremonies which are organized and performed within one hour. NO OTHER CHARGES will be made to the public by a Marriage Commissioner. Gratuities On occasion, a couple may include a small gratuity with their payment of the ceremony performed. It is acceptable for you to retain the extra amount. Under no circumstance, however, may a Marriage Commissioner request or infer that a gratuity be included. Doing so will result in immediate rescindment of the appointment to the position. 12 Policy Dress And Presentation The dress and presentation of every Marriage Commissioner reflects on the program as a whole. You will find that suitable dress will be dictated by the location and circumstances of the ceremony. It may not be appropriate to wear a tuxedo to a ceremony held on horseback at the local riding stable! However, Marriage Commissioners are expected to present themselves in a manner which will maintain and emphasize the dignity and solemnity of the marriage ceremony. Marriage Commissioners shall ensure that their dress and presentation is always appropriate for the ceremony being performed. NOTE: If at any time you are not comfortable with the nature or circumstances of a proposed ceremony, call your Vital Statistics Regional Manager for guidance. 13 Policy Identification Identification The Vital Statistics Agency issues an identification card to identify you as Cards an authorized appointee of the Agency and it will include your photograph and unique identification number. Business Cards The Vital Statistics Agency will make available to Marriage Commissioners standard government pattern business cards. These standard pattern business cards shall be the only business cards made available and utilized by Marriage Commissioners. Advertising 14 The advertising of your services is prohibited by the terms and conditions of your appointment. All couples in British Columbia may obtain referrals to Marriage Commissioners via their local Marriage Licence Issuers, contacting the Vital Statistics Agency directly or visiting the Vital Statistics Agency website. Marriage Commissioners shall not participate in Bridal Shows or other commercial activities which may be seen or perceived to promote one marriage commissioner to the exclusion of others. Procedures Initial Contact By Couple A Marriage Licence Issuer provides names of Marriage Commissioners to couples. Your name and telephone number will be included on a current list maintained by each Marriage Licence Issuer in your community or registration district. The information is also available on the “Marriage Commissioners” page of our website www.gov.bc.ca/vitalstatistics. Your email address and photograph can be included with your information upon request. From time to time Marriage Commissioners are asked by family members and friends to officiate ceremonies outside of their assigned district. Should you be approached to conduct services outside of your district, submit a written request to your Regional Manager. The request should contain the couple’s names, date and place of event and reason for your request. Such requests are usually granted provided it does not negatively impact local community service options. Couples will generally contact you by email or telephone in order to make arrangements for their ceremony. Following are procedures for your reference. 1. When an individual contacts you, it is advisable to ask the following questions. a) Does the couple have a valid marriage licence? b) When and where is the ceremony to be held? 2. If you are available to perform the marriage, you may proceed with making detailed arrangements. 15 Procedures Initial Contact By Couple 3. The following points should be discussed: a) Fee and payment arrangements. Keep in mind that the allowable fees charged by a Marriage Commissioner for the ceremony and for mileage to/from the ceremony and travel time are legislated (see page 12). You are prohibited from charging for making yourself available for photographs or other services you choose to provide. b) Content and format of the ceremony. There are instances in which a couple may wish an unconventional marriage ceremony, such as in a hot air balloon or in a remote area. Should you feel uncomfortable doing such a service you might refer them to another Marriage Commissioner or your Regional Manager who may be in a better position to advise as to who can accommodate their wishes. c) Information necessary for completion of the Marriage Licence and Registration of Marriage and Marriage Register. d) The fact that two witnesses are required. e) Ensure clients are aware that the valid marriage licence must be provided before the ceremony can take place. 16 4. It is recommended that Marriage Commissioners make arrangements for a personal meeting with one or both of the parties to the marriage in order to discuss in more detail any of the above, as well as completing all fields on the marriage licence. Procedures Marriage Licence And Registration Of Marriage The Licence Section 15(1) of the Marriage Act states that a marriage shall not be solemnized unless the persons intending to marry possess a marriage licence. Every couple wishing to be married in British Columbia must therefore be in possession of a valid BC marriage licence. REMEMBER: A marriage licence is only valid for three months from the date it was issued. Should the marriage licence be misplaced prior to the ceremony the couple will have to contact the Vital Statistics Agency to obtain a replacement licence. 1. Ensure the Marriage Licence and Registration of Marriage document provided to you is completed as shown in the following sample. Complete all missing data fields with the couple. 2. Verify that the licence is still valid. 3. Ensure you record the Marriage Licence and Registration of Marriage document number in the Marriage Register. Each licence has its own unique document control number printed in black. 17 Procedures Marriage Licence And Registration Of Marriage Marriage Licence and registration of DOCUMENT CONTROL NUMBER (Office Use Only) Marriage REGISTRATION NUMBER (Office Use Only) 1234567 VICTORIA Application for a Marriage Licence having been duly made at ........................................................................................................................... , British Columbia in the manner prescribed by the Marriage Act, in respect of an intended marriage between the parties indicated, and all other requirements of the Act have been duly complied with. This Licence is issued to the parties, hereby authorizing the solemnization of the intended marriage in the Province of British Columbia, by any person duly appointed under the Marriage Act as authorized to solemnize marriage. Date Effective: JUNE 1, 2013 ........................................................................................................................... * This Licence is not valid after three months from date effective. Lucy Wilkins ....................................................................................................................................................................... Marriage Licence Issuer Signature to * SEPTEMBER 1, 2013 .......................................................................................................................... 38-0000 ....................................................................................... Marriage Licence Issuer Number JUNE 1, 2013 .......................................................................................... Date PARTY PARTY SURNAMES GIVEN NAMES In Full MARITAL STATUS Never Married/ Widowed/Divorced BIRTH DATE Month (by name) Day, Year BIRTH PLACE City/Town, Province/ State, Country PERSONAL HEALTH NUMBER ABORIGINAL INFORMATION ADDRESS Before Marriage JONES KENNEDY MARK DOUGLAS SUSAN JOAN NEVER MARRIED NEVER MARRIED MAY 11, 1983 Age Sex 310 M APRIL 24, 1983 TORONTO, ONTARIO Sex 310 F VICTORIA, BRITISH COLUMBIA Care Card Number Care Card Number 9025 335 568 9011 233 344 Aboriginal? Age Aboriginal? If yes, registration number (INAC) If yes, registration number (INAC) ❒ Yes ✔ ❒ No ❒ Yes ❒ No ✔ Complete street address, If rural give exact location Complete street address, If rural give exact location VICTORIA BC 9 9 9 9 17 DOUGLAS STREET 17 DOUGLAS STREET City, town or other place, Province/State, and Country 9 City, town or other place, Province/State, and Country Postal Code V9V 5J4 VICTORIA BC Postal Code V9V 5J4 OFFICIANT TO ENSURE THIS PORTION OF REGISTRATION IS COMPLETE Names FATHER Birthplace Names MOTHER Surname and given names (print or type) Surname and given names (print or type) If you are presented with a Marriage Licence that has not been signed by KENNEDY, JOHN the Marriage Licence Issuer, proceed with the ceremony and then contact ST. CATHERINES ONTARIO VICTORIA BC your Regional Manager for direction prior to mailing the document to the LEDNER, REBECCA HARDLEY, CLAIRE Agency. JAMES, ELMO City, town or other place, Province/State, and Country City, town or other place, Province/State, and Country Maiden surname and given names (print or type) Maiden surname and given names (print or type) City, town or other place, Province/State, and Country City, town or other place, Province/State, and Country TORONTO, ONTARIO Birthplace HAMILTON, ONTARIO NOTE: The Marriage Certificate will be mailed to Party 1’s address. SIGNATURES of BOTH PARTIES to the marriage I certify that the foregoing is true and correct to the best of my knowledge and belief USUAL SIGNATURE OF THE PARTY ABOVE I certify that the foregoing is true and correct to the best of my knowledge and belief USUAL SIGNATURE OF THE PARTY ABOVE Signature of Witness Witness name printed Signature of Witness Witness name printed Address where marriage was solemnized City, town or other place, (by name) X Mark Jones X Susan Kennedy The legalWILLIAMS record of the marriage FELECIA Williams registrations are a permanent, X FeleciaMarriage Registration between two individuals. Aside from its importance as proof of marriage STEVE COTTONWOOD X steve Cottonwood and issuance of marriage certificates, this information is used for 1234 ELM STREET VICTORIA 3J2 statistical analyses and the monitoring of vital event trends. TheV8V role of the J U Marriage N 20 2013 Commissioner is critical to the accuracy and completeness of the REV.data W. TAYLOR received via the Marriage Licence and Registration of Marriage forms. (250) 582-2558 W. Taylor SIGNATURES and PRINTED NAMES of WITNESSES to the marriage PLACE AND DATE OF MARRIAGE Date of marriage: month (by name), day, year I OFFICIANT NAME (printed) Denomination (if religious representative) VSA 405_fill 2009/09/03 18 BAPTISTEnsure Postal Code If Civil Marriage, Receipt Number certify that I solemnized the marriage of the parties named at the place and on the date stated above. PHONE SIGNATURE OF PERSON OFFICIATING Date signed: month (by name), day, year Certification Number that all information has12345 been provided in aJ neat U legible N 20 manner, 2013 printed or typed. Procedures Marriage Licence And Registration Of Marriage Section 15 of the Vital Statistics Act requires that every Marriage Commissioner shall prepare a Registration of Marriage and that it will be signed by: a) each of the parties to the marriage; b) at least two witnesses to the marriage; and c) the person by whom the marriage was solemnized. 1. Ensure all fields on the Marriage Licence and Registration of Marriage document are completed prior to the ceremony. Pay particular attention to the following areas: Place and Date of Marriage, and Father’s and Mother’s particulars of both parties. NOTE: Do not have them sign at this time. If for any reason they have pre-signed the document, ensure they re-sign it following the ceremony. 2. Ensure the parties to the marriage have confirmed to you that the information is correct to the best of their knowledge. THEN: Have them re-check the information! 3. If a change or correction to any information on the form is required, it must be made and then initialled by the person furnishing the information. 4. Where parental birthplace information is unknown insert UNKNOWN. 5. Set the Marriage Licence and Registration of Marriage aside in a safe place for signing following the Marriage Ceremony. NOTE: As statistical information is gathered based on the postal code of the event location you must ensure that this field has been completed. If the marriage event is taking place on the water or in a park, the event postal code should reflect the closest street address. 19 Procedures MARRIAGE LICENCE AND REGISTRATION OF MARRIAGE Father’s and Mother’s information for both Parties Place and Date of Marriage A P R 13 Officiant, excluding signature and date signed* * Note - The date signed must be the same as the date of marriage. 20 Procedures MARRIAGE LICENCE AND REGISTRATION OF MARRIAGE The Signing Please ensure the Registration is signed in ink by all parties; preferably black ink. Any other color will not be readable on the digitized copy of the record and cannot be accepted. Mark Jones Felicia Williams Steve Cottonwood A P R 13 (250) 592-2556 A P R 13 21 Procedures Marriage Register Section 25 of the Marriage Act of British Columbia requires that Marriage Commissioners shall register each marriage solemnized in a book kept for that purpose. You have been issued a Marriage Register in which you shall record the particulars of every marriage ceremony performed. 1. The Marriage Register must be signed by both parties to the marriage, two witnesses and yourself. 2. The Marriage Register is signed after the completion of the ceremony. It is often utilized as a photo opportunity and usually precedes the presentation of the newly married couple to the gathered guests. NOTE: All signatures are the parties’ usual signatures in the names used prior to the marriage. (A spouse does not sign in their new spouse’s name.) 22 3. The Marriage Register remains the property of the Vital Statistics Agency and is subject to audit at any time by the Registrar General of the Agency or his or her representative. Marriage Register MARRIAGE REGISTER Date of Marriage (Please Print) Place of Marriage April 20 2013 Month Day Year 1234 Elm St, Victoria BC 1234567 Marriage Document Control Number Party 1 Jones Mark Douglas Given Names - Printed Surname - Printed Mar Jones k X Signature Party 2 Susan Joan Kennedy Surname - Printed Given Names - Printed S usan X Signature Steve Cottonwood Witness Name - Printed Witness Signature X Witness Name - Printed Witness Signature Officiant Certification Number Steve Cottonwood Felicia Williams X Felicia Williams C. Taylor Officiant Name - Printed Officiant Signature Kennedy X C. Taylor 41-0123 VSA 726A 2009/05/08 23 Procedures Receipt For Civil Marriage Prior to the performance of the ceremony and when you collect the required fees from the couple, complete the next receipt in the book of receipts provided by the Vital Statistics Agency and provide the white copy to the couple on the day of the ceremony. Receipts must be reported in sequential order on the monthly revenue report and submitted to the Agency along with the pink copy of all receipts used. The yellow copy remains in the book for audit purposes. The body and figure portion of the receipt must only reflect the current legislated fee for a civil marriage. Marriage Commissioners however, must also record all additional charges made to the couple (e.g. mileage, travel time, etc.) on the left hand side of the On Account*section of the receipt. * 3 24 3.25 Procedures The Ceremony The performance of the marriage ceremony is the focal point of your responsibilities as a Marriage Commissioner. The success of a civil ceremony will depend on many things. In addition to the content itself, the presence and presentation you personally bring to the occasion will be very important. The selection of the type of ceremony to be utilized will depend on the specific wishes and needs of the couple. They may want a very brief ceremony or an elaborate 400 person extravaganza! Your role is to advise the couple of the legal requirements and the options available to them with regard to different ceremonies. A supply of standard civil marriage ceremony booklets is provided to all Marriage Commissioners and this ceremony must always be made available to couples. The standard ceremony is also available on the Vital Statistics Agency website. Couples who wish to write their own vows must ensure that it is acceptable to the Marriage Commissioner beforehand, and have them approved by the Marriage Commissioner a week in advance of the ceremony date. Marriage Commissioners are not required to write marriage vows, but they may make alternative vows available to couples if they wish. Vows There are four statements that MUST be included in the wording of every civil ceremony. These statements are specifically required by section 20 of the Marriage Act of British Columbia and cannot be amended or altered in any way. Each party to the marriage declares: • I solemnly declare that I do not know of any lawful impediment why I, AB, may not be joined in matrimony to CD. • I call on those present to witness that I, AB, take CD to be my lawful wedded wife (or husband) (or spouse). The statements made by the couple are the only mandatory portion of the ceremony and they must be made utilizing the couples’ full legal names. The exchanging of rings or pronouncing of the marriage by the Officiant are strictly optional. 25 Procedures The Ceremony Keep in mind, the ceremony that you officiate is not intended to contain religious content. If the couple wishes a hymn or prayer to be included this can be done following the ceremony by someone other than yourself. If the couple wish a religious ceremony this is available through a religious representative. REMEMBER: This is their day and you play a pivotal role in making it a success! Renewal of Vows As such a function is not authorized under law or by policy of the Vital Statistics Agency, any Marriage Commissioner who participates in a Renewal of vows must: Advise the couple that you would be performing this service as a private individual outside of your appointment and duties as a Marriage Commissioner; and On the day of the ceremony, verbally advise all present at the ceremony that you are not participating in your capacity as a Marriage Commissioner but as a private individual. No forms will be signed or fees collected on behalf of the Agency and the Marriage Commissioner will assume all liability for their conduct or participation in such ceremonies. Third Party Participation From time to time, we are approached by individuals wishing to obtain temporary appointments in order to perform the marriage ceremony for a friend or family member. The policy of the Vital Statistics Agency is to avoid appointments outside of established criteria for permanent appointments in order to preclude the considerable amount of time and effort expended in training and administration. We have therefore instituted a process which involves a private Marriage Commissioner, but still affords the couple the benefits of having their ceremony presided over by a close family relative or friend. Consequently, on rare occasions your role as a Marriage Commissioner may be to ensure that a third party includes the legislated vow requirements in a ceremony, although you would attend and perform all of the other functions of your position except for the spoken ceremony itself. NOTE: You are responsible for reviewing the content and wording of any proposed ceremony. 26 Procedures Witnesses Section 20 of the Marriage Act requires that all marriages shall be solemnized in the presence of two or more witnesses besides the Marriage Commissioner. 1. Two witnesses will be required to sign both the Marriage Licence and Registration of Marriage and Marriage Register. 2. There is no requirement for witnesses to be one male and one female. 3. It is preferred that witnesses be adults, however, anyone may witness a marriage ceremony. A witness must be able to understand his or her part in the proceedings, what is taking place and be able to sign the form. (e.g. A fourteen-year-old nephew may be a witness.) 27 Procedures USE OF SURNAME AFTER MARRIAGE Overview You may receive inquires about what surname can be used once they are married. As authorized by the Name Act, section 3.1, please note that: A spouse by marriage may: • use the surname he or she had immediately before the marriage, • use the surname he or she had at birth or by adoption, or • use the surname of his or her spouse by marriage. Any of the above choices may be exercised after marriage and may be reversed by the personal decision to do so without requiring a Legal Change of Name. 28 Procedures Time frames Marriage Section 15 of the Vital Statistics Act specifies the time frame for Licence andprocessing completed Marriage Registrations. Registration of Marriage The Registrar General of the Agency has also established additional procedures for other related administrative tasks. Remember, the couple are relying on you to properly process and file that very important marriage registration on their behalf! Marriage Commissioners shall ensure that all Agency documents are processed in accordance with the procedures below. Completed marriage registrations are to be forwarded by mail to the Vital Statistics Agency within 2 days of the event. Once a ceremony has been officiated and the registration document signed, the couple are legally married even if the registration document has not been submitted to the Vital Statistics Agency. The forwarding of the Marriage Registration document is the responsibility of the Marriage Commissioner. This document is not to be released to the couples themselves or any party other than a courier/postal delivery agency. Statement of Marriage At the time of the ceremony you may provide to the couple a Marriage Commissioner’s Statement of Marriage. Note: this statement is a memento only and is not a legal document nor proof of marriage. Marriage Certificate Once the marriage has been registered with Vital Statistics, a framing-size certificate will automatically be generated and mailed to the address indicated for the party listed on the left of the registration. The address on the application for service is not changed by Vital Statistics Production when couples change their address on the Marriage Licence. Should the couple request that the marriage certificate be mailed to an address other than the one shown for the first party, contact your Regional Manager for instructions. Generally, the event will be registered within 3 to 5 days of receipt in our Victoria office. Mailing time is extra. 29 Procedures Time frames Courier All Marriage Commissioners are reminded that there are no provisions for Requests and a RUSH registration service. While couples may apply to the Agency Certificate directly and pay for a courier marriage certificate application, the 24-hour Inquiries courier service is only available once the marriage event has been registered. Marriage Commissioners must ensure couples are aware that at least 3 to 5 working days must be allowed for the marriage record to be registered after its physical receipt by the Agency. NOTE: Due to the potential for Marriage Commissioners to be liable for a breach of privacy, registration documents are not to be transmitted by fax. The Agency has no expectation that a Marriage Commissioner will handle a RUSH certificate request, however if a couple indicates that they require a RUSH marriage certificate, Marriage Commissioners at their discretion, may offer to courier the Marriage Licence and Registration of Marriage form to the Agency. Costs for the courier service must be borne by and recovered from the couple, and the Marriage Commissioners may not be compensated individually for any such special handling other than reimbursement for actual direct courier costs. Marriage Commissioners may not release the Marriage Licence and Registration of Marriage form to the couple as the legal responsibility for filing rests with the Marriage Commissioner. Marriage Commissioners are not expected to respond to public inquiries about certificate services associated with marriages they may have solemnized and any such inquiries should be referred to the Agency inquiry line at 250 952-2681. 30 Procedures Vacation Prior to vacation being taken, a Marriage Commissioner must submit the dates in writing to the Regional Manager for their area. This will allow adequate provision of service to be maintained in each area. 31 Procedures Accounting Revenue Returns Civil Marriage Revenue Returns are to be completed and mailed monthly unless otherwise directed by the Registrar General of the Agency. A sample is shown on page 33. A nil return must be filed for those months in which you did not officiate a ceremony. You are provided with a postage paid self addressed envelope for your return. Payment for Civil Ceremony You are required to collect the statutory fee and Goods and Services Tax (GST) chargeable for each civil marriage ceremony performed. As a Marriage Commissioner you are entitled to retain a commission as set by law. 1. The payment for a civil ceremony should be obtained prior to the actual ceremony itself. 2. Payment by cheque may be accepted. Should a client’s cheque not be honoured by their bank, make one or two attempts to collect then, if unsuccessful forward this cheque, bank NSF notification, copy of appropriate revenue return and receipt with a covering letter to your Regional Office. You will be reimbursed for your fees and the Agency will assume responsibility for obtaining payment from the couple. 3. At the end of the month reconcile all receipts and monies and complete your monthly Civil Marriage Revenue Return. Your cheque or money order should be made payable to: “Minister of Finance”. The Vital Statistics Agency does not provide T4 slips at the end of the calendar year for taxation purposes. It is the responsibility of each Commissioner to track their own income and report it accordingly. 32 Procedures ACCOUNTING MARRIAGE COMMISSIONER CIVIL MARRIAGE REVENUE RETURN CIVIL MARRIAGE RECEIPTS 3 PREVIOUS CIVIL MARRIAGE RECEIPT BALANCE NEW STOCK (+) 50 BALANCE ON HAND (=) 53 CIVIL MARRIAGE RECEIPTS USED THIS REPORTING PERIOD (-) 5 CURRENT BALANCE ON HAND (=) 48 45398 48201 CIVIL MARRIAGE RECEIPTS USED 45400 48202 TO TO 5 (A) TOTAL 45399 CIVIL MARRIAGE RECEIPTS CANCELLED - INCLUDE WHITE AND PINK COPY WITH RETURN 1 (B) TOTAL 4 TOTAL REVENUE RECEIPTS (A-B) PROVINCIAL REVENUE 4 X $75.00 = $ 300.00 FEDERAL GOODS AND SERVICES TAX 4 X $ 3.75 = $ 15.00 TOTAL REVENUE $ 315.00 COMMISSION DEDUCTED 4 X $50.00 = $ 200.00 NET REVENUE AND GST 4 X $28.75 = $ 115.00 OFFICIANT’S CITY OF RESIDENCE MONTHLY REPORTING PERIOD Victoria FROM Apr Apr 41-0123 TO OFFICIANT’S NAME PRINTED AMOUNT ENCLOSED MONTH C. Taylor SIGNATURE C. Taylor 01 MONTH OFFICIANT NUMBER MM DD YYYY DAY 30 DAY 2013 YEAR 2013 YEAR $115.00 04 20 30 2013 VSA 707 2013/04/01 33 Procedures SUPPLIES All supplies are to be ordered through the Victoria office. SCAN YOUR ORDER FORM TO THE VITAL STATISTICS STOCKROOM AT [email protected] OR FAX YOUR ORDER TO 250 952-9156 ALLOW 7-10 DAYS FOR PROCESSING Registers and When ordering supplies from the Agency, it is recommended you order Receipt Books what will be needed for a three month period. Whenever a register or a receipt book issued by the Agency has been completed in full, Marriage Commissioners must return them to their Regional Manager for audit and permanent retention. 34 VSA 018 2016/09/15
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