HomeMy WebLinkAboutCLD-026-14 Clarington
Clerk's
Report
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Report To: General Purpose and Administration Committee
Date of Meeting: December 8, 2014
Report Number: CLD-026-14 Resolution Number: _T �
File Number: By-law Number: .c
Report Subject: Civil Marriage Ceremonies
Recommendations:
1. That Report CLD-026-14 be received,
2. That Council lift the restrictions regarding the Municipality of Clarington's provision of civil
marriage ceremonies to allow them to take place outside of the Council Chambers, and at
times other than Monday to Friday, at the discretion of the Municipal Clerk; and
3. That the draft by-law attached to Report CLD-026-14, as Attachment 2, be approved,
providing for the above changes.
Municipality of Clarington
Report CLD-026-14 Page 2
Report Overview
In the interest of customer service and efficiency, this Report proposes to allow the
Municipal Clerk, or designate, to perform civil marriage ceremonies outside of the
Council Chambers, and at times other than Monday to Friday, at the discretion of the
Municipal Clerk.
1 Background
l
In the fall of 2004, the Minister of Consumer and Business Services changed the
regulations under the Marriage Act which authorized clerks of local municipalities
to perform civil marriages and to set fees to recover the cost of providing this
service. In addition, if a municipality opts to offer the service, the Municipal Clerk
has the ability to delegate the responsibility to perform marriages to any person,
other than a Member of Council.
The following are the applicable sections of the Marriage Act and Regulation
285/04, respectively:
"24(1) A judge, a justice of the peace or any other person of a class
designated by the regulations may solemnize marriages under the
authority of a licence."
"For the purposes of subsection 24 (1) of the Act, the clerk of a local
municipality is authorized to solemnize marriages under the authority of a
licence."
Arising out of Report CLD-37-04, regarding civil marriage services, Council
enacted the attached By-law 2004-253 (Attachment 1), setting out the civil
marriage services location (the Council Chambers), times (Monday to Friday) and
fee ($250).
Statistics
On average the Clerk's Department performs 85 civil marriage ceremonies per
year.
On average, the Clerk's Department has requested twice a year that Council waive
the provisions of By-law 2004-253. Due to the limitations of the existing by-law,
where deemed appropriate to accommodate the request, an amending by-law has
been required.
Currently, the Municipal Clerk, the Deputy Clerk, and the Administrative Assistant
are the only Clarington civil marriage officiants.
Municipality of Clarington
Report CL®-026-14 Page 3
. Proposal
Occasionally, the Municipal Clerk receives a request to perform a civil marriage
ceremony outside of the parameters of By-law 2004-253 (i.e. not Monday to Friday
or not in the Council Chambers).
Typically the fee is also waived. The fee is mainly a booking fee to book the
Council Chambers. Since the Council Chambers are not being used and the
off iciant is on their own time when performing the ceremony, the waiving of the fee
is considered reasonable.
In the interest of efficiency and improved customer service, it is recommended that
Council lift the restrictions regarding the Municipality of Clarington's provision of
civil marriage ceremonies to allow them to take place outside of the Council
Chambers, and at times other than Monday to Friday, at the discretion of the
Municipal Clerk.
3. Impact of Proposal
Customer Service
This change would result in timely decisions and commitments being made to the
couple and streamline the approval process. For instance, if a request came after
the last Council meeting before the summer break, for a wedding in the summer or
early September, we could not commit to performing the ceremony because we
couldn't presume whether Council would agree and pass the by-law.
Limited Basis
It should be noted that if this delegation of authority was used, it would be on a
limited basis at the discretion of the Municipal Clerk and is not intended to impact
the marriage services offered by external officiants.
4. Concurrence
Not Applicable.
5. Conclusion
It is recommended that Council lift the restrictions regarding the Municipality of
Clarington's provision of civil marriage ceremonies to allow them to take place
outside of the Council Chambers, and at times other than during regular business
hours, at the discretion of the Municipal Clerk.
Municipality of Clarington
Report CLD-026-14 Page 4.
6. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by.
Ann reentree Franklin Wu,
Municipal Clerk Chief Administrative Officer
Staff Contact: June Gallagher, Deputy Clerk, 905-623-3379 ext. 2103 or
jallagher@clarington.net
Attachments:
Attachment 1 — By-law 2004-253
Attachment 2 — Draft By-law
The following is a list of the interested parties to be notified of Council's decision: None
CAG/jeg
ATTACHMENT# ---- �
REPORT # /-,0- °1�
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2004-253
Being a by-law to provide for Civil Marriage Services to be
Offered by the Municipality of Clarington
WHEREAS changes to the regulations under the Marriage Act
(through O .Reg 285/04) now authorize clerks of local
municipalities to perform civil marriages;
AND WHEREAS municipalities have the option to offer civil
marriages as a municipal service if they so choose and to
set fees to recover the cost of providing this service:
NOW THEREFORE BE IT ENACTED:
1 . THAT the Municipality of Clarington "opt in" to
providing civil marriage services;
2 . THAT civil marriage services be provided Monday to
Friday in the Council Chambers, Municipal
Administrative Centre, 40 Temperance Street,
Bowmanville;
3 . THAT the fee for civil marriages be set at $250 . 00
By--law read a first and second time this 13th day of
December 2004
By-law read a third time and finally passed this 13th day of
December 2004 .
J�614n- M_tlt-£vn, -May6k
P ti Ba ie; Municipal Clerk
Attachment 2 to
Municipality of Clarington Report CLD-026-14
The Corporation of the Municipality of Clarington
By-law 2014—XXX
Being a By-law to provide for Civil Marriage Services to be offered by the
Municipality of Clarington.
Whereas the Council of the Municipality of Clarington passed By-law 2004-253
exercising the option to offer civil marriages as a municipal service, restricting the
service to the Council Chambers located at 40 Temperance St., Bowmanville,
between Monday and Friday;
And whereas the Council of the Municipality of Clarington deems it expedient to
lift these restrictions, under the discretion of the Municipal Clerk,
Now therefore be it enacted:
1. That By-law 2004-253 be amended by adding the following wording to the
end of Paragraph 2:
"or otherwise at the discretion of the Municipal Clerk."
2. This by-law shall become effective on the date of passage.
By-law passed this day of December, 2014.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk