Rules respecting the solemnization of civil marriages, R.Q. c. C.c.Q., r.7
| Citation: | Rules respecting the solemnization of civil marriages, R.Q. c. C.c.Q., r.7 | |
| Information about this text: | Replaced, M.O., 2152-03, 2003 G.O. 2, 1217; eff. 2003-03-27; see C.C.Q., r 2.1 | |
| Enabling Statute: | Civil Code of Québec, C.c.Q. | |
| URL: | http://www.canlii.org/qc/laws/regu/cccqr.7/20080617/whole.html | |
| Version downloaded by CanLII on 2008-06-17 | ||
Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.
© Éditeur officiel du Québec
This document is not the official version.
Latest version available
Including the Gazette officielle of 28 May 2008
c. C-1991, r.7
Rules respecting the solemnization of civil marriages
Replaced, M.O., 2152-03, 2003 G.O. 2, 1217; eff. 2003-03-27; see C.C.Q., r 2.1
1.
For the purposes of the publication of a civil marriage, the clerk of the Superior Court shall use the form in Schedule I and shall post it, for 20 days before the date fixed for the marriage, at the place where the marriage is to be solemnized or, in the cases provided for in rules 4, 5 and 5.1, at the courthouse closest to that place.
M.O., 1994, s. 1; M.O., 1998, s. 1.
2.
Civil marriages shall be solemnized between 9:00 a.m. and 4:30 p.m. They shall not be solemnized on
(a) Sundays;
(b) 1 and 2 January;
(c) Good Friday;
(d) Easter Monday;
(e) 24 June, the National Holiday;
(f) 1 July, the anniversary of Confederation;
(g) the first Monday of September, Labour Day;
(h) the second Monday of October;
(i) 24, 25, 26 and 31 December;
(j) the day fixed by proclamation of the Governor-General for the celebration of the birthday of the Sovereign; or
(k) any other day fixed by proclamation of the Government as a public holiday or as a day of thanksgiving.
M.O., 1994, s. 2.
3.
The marriage shall be solemnized in a room of a courthouse or of any other building in which a court of law sits. If there is no courthouse and no building in which a court sits within an 80-kilometre radius of the domicile of the intended husband or the intended wife, the marriage may be solemnized in the council chamber of the nearest city hall or in any other suitable place in that city hall.
M.O., 1994, s. 3.
4.
If one of the intended spouses is physically unable to move about, and that inability is attested to in a medical certificate, the marriage may be solemnized, with the permission of the clerk of the Superior Court, at the place where that intended spouse is, provided that a request to that effect is submitted to the clerk before the posting of the notice of marriage or at the time of an application for a dispensation from publication of that notice.
M.O., 1994, s. 4.
5.
Where one of the intended spouses is imprisoned in a penitentiary, the marriage may be solemnized there, provided that a request to that effect is submitted to the clerk of the Superior Court before the posting of the notice of marriage or at the time of an application for a dispensation from publication of that notice.
M.O., 1994, s. 5.
5.1.
Under a pilot project, with the permission of the clerk of the Superior Court, a marriage may be solemnized in a place accessible to the public and laid out for that purpose at one of the following locations:
- in the judicial district of Charlevoix:
at the Manoir Richelieu, 181, avenue Richelieu, La Malbaie — Pointe-au-Pic;
- in the judicial district of Longueuil:
at the Hôtel de ville de Boucherville, 500, rue de la Rivière-aux-Pins, Boucherville;
- in the judicial district of Montréal:
at the Montreal Botanical Garden, 4101, rue Sherbrooke Est, Montréal;
- in the judicial district of Québec:
at the Domaine Cataraqui, 2141, chemin Saint-Louis, Sillery;
- in the judicial district of Rimouski:
at the Jardins de Métis, at Grand-Métis.
A request to that effect shall be submitted to the clerk before the posting of the notice of marriage or at the time of the application for a dispensation from publication of the notice.
M.O., 1998, s. 2; M.O., 1999, s. 1.
6.
The Québec flag shall be displayed in the room in which the marriage is solemnized, unless the marriage is solemnized in a place provided for in rules 4, 5 and 5.1.
M.O., 1994, s. 6; M.O., 1998, s. 3.
7.
A male officiant shall wear a black gown with a dark suit, a white shirt and dark tie or a black gown, closed in front, with a raised neck opening and long sleeves. A female officiant shall wear a black gown with a dark skirt and a while long-sleeved blouse or dark clothing.
M.O., 1994, s. 7.
8.
When solemnizing the marriage, the officiant shall address the intended spouses using the text in Schedule II.
M.O., 1994, s. 8.
9.
That text shall be read in French or in English, as determined by the intended spouses. If either of the intended spouses does not understand French or English, the officiant shall ask that the intended spouses provide an interpreter at their expense.
M.O., 1994, s. 9.
10.
The officiant shall then receive from the intended spouses a statement of their consent in the form provided for in Schedule III.
M.O., 1994, s. 10.
11.
Where the officiant solemnizes more than one marriage at a time, the text in Schedule II shall be read only once.
M.O., 1994, s. 11.
12.
Omitted.
M.O., 1994, s. 12.
13.
Omitted.
M.O., 1994, s. 13.
SCHEDULE I
(r. 1)
NOTICE OF MARRIAGE
A marriage will be solemnized by the clerk of the Superior Court at
.,
(name or address of building and place)
in the judicial district of ..............., on ..............., between
.
(intended husband's surname, given name and domicile)
born on ............... at
.,
(place, province, country)
and
.
(intended wife's surname, given name and domicile)
born on ............... at
.
(place, province, country)
I, the undersigned, acting as witness, declare than I am of full age and that I have taken cognizance of the above information. I solemnly affirm that those statements are true.
Witness----------------------------------------------- Address----------------------------------------------- Declared before me at--------------------------------- this--------------------------------------------------
.
(signature) (duty, profession or quality)
This notice of marriage has been posted, this ............... day of ..............., 19…, by me, ...................., clerk of the Superior Court in the judicial district of ...................., at
.
(name of building and place)
.
Clerk
M.O., 1994, Sch. I.
SCHEDULE II
(r. 8, 9 and 11)
.
(name of wife)
.
(name of husband)
before uniting you in the bonds of marriage, I am required to read to you certain articles of the Civil Code of Québec which set out the rights and duties of spouses:
Article 392. The spouses have the same rights and obligations in marriage.
They owe each other respect, fidelity, succour and assistance.
They are bound to live together.
Article 393. In marriage, both spouses retain their respective names and exercise their respective civil rights under those names.
Article 394. The spouses together take in hand the moral and material direction of the family, exercise parental authority and assume the tasks resulting therefrom.
Article 395. The spouses choose the family residence together.
In the absence of an express choice, the family residence is presumed to be the residence where the members of the family live while carrying on their principal activities.
Article 396. The spouses contribute towards the expenses of the marriage in proportion to their respective means.
The spouses may make their respective contributions by their activities within the home.
M.O., 1994, Sch. II.
SCHEDULE III
(r. 10)
.
(name of husband)
do you take
.
(name of wife)
here present, to be your wife?
Answer: «I do.»
The intended husband declares: «I do.»
.
(name of wife)
do you take
.
(name of husband)
here present, to be your husband?
Answer: «I do.»
The intended wife declares: «I do.»
The spouses then join hands, and the officiant pronounces the following words:
«By virtue of the powers vested in me by law, I now declare you,
.
(name of husband)
and you,
.
(name of wife)
united in the bonds of marriage.
The spouses then exchange rings. The officiant may then address the newly married couple as follows:
«You are now legally married. Allow me, on my own behalf and on behalf of all those present, to offer you our best wishes for your happiness.».
M.O., 1994, Sch. III.
M.O., 1994, 1994 G.O. 2, 2975
M.O., 1998, 1998 G.O. 2, 2063
M.O., 1999, 1999 G.O. 2, 1649



