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HomeMy WebLinkAboutCLD-026-14 Clarington Clerk's Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. 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