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HomeMy WebLinkAboutCLD-37-04 " , ~n REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 6, 2004 Report #: CLD-37-04 File#: ~e~,-J(' r-.Pp.J. 6oo-0'f By-law #:;OJ 'f -",2-5 :s Subject: PROVISION OF SERVICES: CIVIL MARRIAGES RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-37 -04 be received; 2. THAT the Municipality of Clarington offer public civil marriage services in the Municipal Administrative Centre Monday to Friday; 3, THAT the fee for the civil marriage service be set at $250.00; 4. THAT the service be monitored for a six-month period with a further report to be submitted to Council in June 2005; and 5. THAT the by-law attached to Report CLD-37-04 as Schedule "A" be forwarded to Council for passage. Submitted Reviewed b . ranklin Wu, Chief Administrative Officer PLB*ct ~ CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 liU4 I REPORT NO.:CLD-37-04 PAGE20F3 BACKGROUND AND COMMENT On September 24, 2004, the Minister of Consumer and Business Services announced that changes to the regulations under the Marriage Act now authorize clerks of local municipalities to perform civil marriages. Municipalities, through the passage of an appropriate resolution or by-law, now 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. In addition, should a municipality choose to provide this service, the Municipal Clerk has the ability to delegate the responsibility to perform these marriages to any person, other than a member of council, under the authority of Subsection 228(4) of the Municipal Act. Previously only Judges and Justices of the Peace were allowed to solemnize civil marriages, Throughout recent years, these court officials have been directed to focus on their court- related duties, thereby reducing access to the civil marriage service. In an effort to increase access to civil marriages in Ontario, the provincial government announced this regulatory amendment. For various reasons, the number of civil marriages in the Province is on the increase, with approximately 3500 being performed annually. It is difficult to determine the demand we will have for this service in Clarington, however, we do receive enquiries on a regular basis about the possibility of being married at the Municipal Administrative Centre. In opting into this service, Council can set parameters under which the services will be provided, ie, hours, location, fee. It is recommended that the civil marriages be performed in the Council Chambers, Municipal Administrative Centre, 40 Temperance Street, Bowmanville from Monday to Friday and that the fee for civil marriages be set at $250.00. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 llUJ REPORT NO.:CLD-37-04 PAGE 3 OF 3 For the first six months of offering the service, staff will monitor the requests received and report back to Council in June 2005 recommending whether the service be continued or expanded to include weekend weddings and other locations in addition to the Municipal Administrative Centre, Once the by-law has been passed by Council, the Province must provide documentation prior to any marriages being solemnized. It is anticipated that we will be able to commence the service in February 2005. Attachment No. 1 - Schedule "A" CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1lliG . > Schedule "An THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY.LAW 2004. 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. John Mutton, Mayor Patti L. Barrie, Municipal Clerk l.i.0{