CCQ, r. 3 - Rules respecting the solemnization of civil marriages and civil unions

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chapter CCQ, r. 3
Rules respecting the solemnization of civil marriages and civil unions
CIVIL CODE — CIVIL MARRIAGES AND CIVIL UNIONS
Civil Code of Québec
(Civil Code, art. 376).
CCQ-1991
September 1 2012
1. (Revoked).
M.O. 2152-03, s. 1; 3862M.O. 3862, s. 1.
2. Marriages and civil unions solemnized by a clerk or deputy clerk of the Superior Court or in a courthouse must be solemnized between 9:00 a.m. and 4:30 p.m. They may not be solemnized on
(1)  Sundays;
(2)  1 and 2 January;
(3)  Good Friday;
(4)  Easter Monday;
(5)  24 June, the National Holiday;
(6)  1 July, the anniversary of Confederation;
(7)  the first Monday of September, Labour Day;
(8)  the second Monday of October;
(9)  24, 25, 26 and 31 December;
(10)  the day fixed by proclamation of the Governor General for the celebration of the birthday of the Sovereign; or
(11)  any other day fixed by order of the Government as a public holiday or as a day of thanksgiving.
Marriages and civil unions solemnized by any other competent officiant under article 366 of the Civil Code elsewhere than in a courthouse must be solemnized between 9:00 a.m. and 10:00 p.m. and they may be solemnized on any day, including the days referred to in the first paragraph.
M.O. 2152-03, s. 2.
3. The clerk or deputy clerk of the Superior Court may solemnize a marriage or civil union in a courthouse or at the places referred to in sections 4 and 5.
Any other officiant may solemnize a marriage or civil union in a courthouse, in a place referred to in section 4 or in any other place agreed upon by the intended spouses. That place shall be in keeping with the solemn nature of the ceremony and be laid out for that purpose.
M.O. 2152-03, 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 ceremony may take place, with the permission of the officiant, at the place where that intended spouse is, provided that a request to that effect is submitted to the officiant before the posting of the notice of publication of the marriage or civil union or at the time of the application for a dispensation from publication of the notice.
M.O. 2152-03, s. 4; 3862M.O. 3862, s. 2.
5. If one of the intended spouses is confined in a correctional facility or penitentiary, the ceremony may take place at the correctional facility or penitentiary, provided that a request to that effect is submitted to the clerk or deputy clerk of the Superior Court before the posting of the notice of publication of the marriage or civil union or at the time of the application for a dispensation from publication of the notice.
M.O. 2152-03, s. 5; 3862M.O. 3862, s. 3.
6. If the ceremony takes place in a courthouse, the Québec flag must be displayed in the room in which the ceremony takes place.
M.O. 2152-03, s. 6.
7. A male clerk or deputy clerk of the Superior Court 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 clerk or deputy clerk shall wear a black gown with a dark skirt and a white long-sleeved blouse or dark clothing.
Any other officiant is exempt from wearing the gown.
M.O. 2152-03, s. 7.
8. During the ceremony, the officiant shall address the intended spouses using the text in Schedule III or Schedule IV, as the case may be. If the officiant solemnizes more than one marriage or civil union at the same time, the appropriate text shall be read only once.
The text shall be read in French or in English, as determined by the intended spouses. If either spouse does not understand French or English, the officiant shall ask that the intended spouses provide the services of an interpreter at their expense.
M.O. 2152-03, s. 8.
9. The officiant shall then receive from the intended spouses a statement of their consent in the manner provided for in Schedule V or Schedule VI, as the case may be.
M.O. 2152-03, s. 9.
10. The officiant must keep, in an appropriate place, a copy of the judgment authorizing a minor’s marriage, of the notice of publication of the marriage or civil union, or of the dispensation from publication, where applicable, of the declaration of marriage or civil union, and a copy of the certificate of marriage or civil union, and of any other document that was used to certify the accuracy of the information provided by the spouses.
If the officiant is not a clerk or deputy clerk of the Superior Court, a notary, a mayor, a member of a municipal or borough council or a municipal officer, the copy of the documents required in the first paragraph must be sent to the registrar of civil status not later than the day on which the declaration of marriage or civil union is sent.
If the officiant is a clerk or deputy clerk of the Superior Court, a notary, a mayor, a member of a municipal or borough council or a municipal officer, the officiant must send a copy of the judgment authorizing a minor’s marriage to the registrar of civil status not later than the day on which the declaration of marriage or civil union is sent.
M.O. 2152-03, s. 10; 3862M.O. 3862, s. 4.
11. These Rules replace the Rules respecting the solemnization of civil marriages (M.O. 1440, 94-07-06).
However, if the intended spouses had already agreed with a clerk or deputy clerk of the Superior Court, before 27 March 2003, that the solemnization of their marriage or civil union would take place at one of the places provided for in section 5.1 of the replaced Rules, the clerk or deputy clerk may solemnize the marriage or civil union at that place.
M.O. 2152-03, s. 11.
12. (Omitted).
M.O. 2152-03, s. 12.
(Revoked)
M.O. 2152-03, Sch. I; 3862M.O. 3862, s. 5.
(Revoked)
M.O. 2152-03, Sch. II; 3862M.O. 3862, s. 6.
FORM USED FOR A CIVIL MARRIAGE

(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 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 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. 2152-03, Sch. III.
FORM USED FOR A CIVIL UNION

(name of one spouse)

(name of other spouse)
before uniting you in the bonds of civil union, I am required to read to you certain articles of the Civil Code which set out the rights and duties of spouses:
Article 521.6. The spouses in a civil union have the same rights and obligations.
They owe each other respect, fidelity, succour and assistance.
They are bound to live together.
The effects of the civil union as regards the direction of the family, the exercise of parental authority, contribution towards expenses, the family residence, the family patrimony and the compensatory allowance are the same as the effects of marriage, with the necessary modifications.
Whatever their civil union regime, the spouses may not derogate from the provisions of this article.
(Under article 393) In a civil union, both spouses retain their respective names and exercise their civil rights under those names.
(Under 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.
(Under 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.
(Under article 396) The spouses contribute towards the expenses of the civil union in proportion to their respective means.
The spouses may make their respective contributions by their activities within the home.
M.O. 2152-03, Sch. IV.
FORM USED FOR A CIVIL MARRIAGE
“ __________(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 new spouses:
“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. 2152-03, Sch. V.
FORM USED FOR A CIVIL UNION
“ __________(name of one spouse)__________, do you take __________(name of other spouse)__________, here present, to be your spouse?
Answer: “I do”.”
The intended spouse declares: “I do”.
“ __________(name of one spouse)__________, do you take __________(name of other spouse)__________, here present, to be your spouse?
Answer: “I do”.”
The intended spouse 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 one spouse)__________ and you __________(name of other spouse)__________ united in the bonds of civil union.”.
The spouses then exchange rings. The officiant may then address the new spouses:
“You are now legally united. Allow me, on my own behalf and on behalf of all those present, to offer you our best wishes for your happiness.”.
M.O. 2152-03, Sch. VI.
REFERENCES
M.O. 2152-03, 2003 G.O. 2, 1217
M.O. 3862, 2017 G.O. 2, 3302