Marriage Commissioners` Guide to Vital Statistics Procedures

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