ON MARRIAGE IN THE CHURCHPreface
1. The Anglican Church of Canada affirms, according to our Lord's teaching as found in Holy
Scripture and expressed in the Form of Solemnization of Matrimony in the Book of Common
Prayer, that marriage is a lifelong union in faithful love, and that marriage vows are a commitment
to this union, for better or for worse, to the exclusion of all others on either side.This union is established by God's grace when two duly qualified persons enter into a covenant of
marriage in which they declare their intention of fulfilling its purposes and exchange vows to be
faithful to one another until they are separated by death. The purposes of marriage are mutual
fellowship, support, and comfort, and the procreation (if it may be) and nurture of children, and
the creation of a relationship in which sexuality may serve personal fulfillment in a community of
faithful love.This covenant is made in the sight of God and in the presence of witnesses and of an authorized
minister.2. The Church affirms in like manner the goodness of the union of man and woman in marriage, this
being of God's creation.1 Marriage also is exalted as a sign, 2 of the redeeming purpose of God to
unite all things in Christ, 3 the purpose made known in the reunion of divided humanity in the
Church.41. Cf. Gen. 1:27-31
2. Eph. 5:31f.
3. Eph. 1:9f.
4. Eph. 2:11-16.
3. The Church throughout its history has recognized that not all marriages in human society conform,
or are intended to conform, to the standard here described. For this reason, in the exercise of
pastoral care as evidenced in the earliest documents of the New Testament, the Church has from
the beginning made regulations for the support of family life especially among its own members.4. Aspects of the regulation of marriage in the apostolic Church are recorded in the New Testament.
A new standard of reciprocal love between husband and wife was introduced leading towards an
understanding of their equality.1 In preparation for marriage Christians were directed to seek
partners from among their fellow believers.2 In Christ's name separated spouses were encouraged
to seek reconciliation. 3 In his name also divorce was forbidden though not without exception.4 In
certain circumstances a believer already married to an unbeliever might be declared free from such
a marriage bond;5 in others, and here in the name of Christ, remarriage during the lifetime of a
former spouse was described, with one exception, as an adulterous union.6July 2001 Page 106 Canon XXI
1. 1 Cor. 7:3f, 11:11f, Eph. 5:21-33, cf. Gal. 3:28
2. 1 Cor. 7:39, 2 Cor. 6:14, cf 1 Thess. 4:2-8 (RSV)
3. 1 Cor. 7:10f
4. Matt. 5:31f, Mark 10:2-9, cf. Mal. 2:13-16
5. 1 Cor. 7:12-16
6. Matt. 19:9, Mark 10:11f, Luke 16:18, cf. Ro. 7:3
5. From these principles and precedents the Church, living in many cultures and in contact with
many different systems of law, has sought in its rites and canons to uphold and maintain the
Christian standard of marriage in the societies in which believers dwell. This standard and these
rites and canons pertain to the selection of marriage partners, preparation for marriage, the
formation of a true marriage bond, the solemnization of marriage, the duties of family life, the
reconciliation of alienated spouses, and to the dissolution of marriage and its consequences.6. All members of this Church, in fulfilling the obligations of the People of God, share according to
their circumstances in the obligation to uphold Christian standards of marriage in human society
especially by care for their own families and by neighbourly care for the families of others.
Special obligations rest upon certain members of the Church as set forth below.7. The particular duties of the clergy, described in part elsewhere in this Canon, include the provision
of education for marriage and family life, the solemnization of marriage, the pastoral care of
families, the encouragement of reconciliation of estranged spouses, and the pastoral care of those
whose family ties have been broken or interrupted by death, sickness, poverty, enforced absence,
human weakness, or by wilful act.8. The duties of the laity, according to their several circumstances, are to share with the clergy the
responsibility for upholding family life, in particular:a) by their presence with friends and neighbours at weddings to bear witness to their support
of those who marry;
b) to safeguard the legality of marriages by readiness to allege promptly any cause or just
impediment which might make a proposed marriage unlawful;
c) to promote and encourage the use of the professional skills that serve family life;
d) as spouses, to be faithful to their own marriage vows;
e) as parents, guardians, god-parents, teachers, or other fully qualified persons, to guide
children and young persons in preparation for family life;
f) as neighbours, mutually to promote the welfare of families, and to seek the reconciliation
of any whose family life is impaired or broken;
g) as communicants, to uphold the Church's discipline, and to seek the restoration to
communion of any who have become alienated or are excommunicate; and
h) as citizens, to work for the maintenance of just laws for the welfare of family life.REGULATIONS / PREREQUISITES FOR MARRIAGE
1. Notice
It shall be the duty of those who intend to marry to give notice to the minister at least 60 days
before the day proposed for the wedding, except that the minister may waive this requirement
for sufficient cause in which case the minister shall notify the bishop of the diocese in
writing, stating the reason for the decision.2. Preparation
It shall be the duty of the incumbent, when application is made for matrimony to be
solemnized, to inquire whether there is any impediment either to the marriage or to the
solemnization thereof. It shall also be the duty of the incumbent or designate, to review with
the parties to the marriage, the issues outlined in Schedule E annexed hereto and to
recommend strongly to the parties that they avail themselves of a marriage preparation course
or program so that all who seek marriage in the Church may come to it with a Christian
understanding of its purpose and a practical understanding of the realities of marriage, and
may be encouraged to give effect with God's help to the vows which they are preparing to
make. The parties to the intended marriage, after due consideration, shall be encouraged to
sign the Declaration set out in Schedule A.3. Impediments of Kindred and Affinity
In making the inquiries directed in cla use 2 above, the minister shall, with respect to the
impediments of kindred and affinity, be governed by the following table in which marriages
between certain persons are forbidden:A Man may not marry his: A Woman may not marry her:
1. Mother 1. Father 2. Step-mother 2. Step-father 3. Mother-in-law 3. Father-in-law
4. Daughter 4. Son 5. Step-daughter 5. Step-son 6. Daughter-in-law 6. Son-in-law
7. Sister 7. Brother 8. Grandmother 8. Grandfather 9. Grandfather’s Wife
9. Grandmother’s husband 10. Wife’s grandmother 10. Husband’s grandfather
11. Grand-daughter 11. Grandson 12. Wife’s grand-daughter 12. Husband’s grandson
13. Grandson’s wife 13. Grand-daughter’s husband 14. Aunt 14. Uncle
15. Niece 15. Nephew4. Age
No minister shall solemnize the marriage of persons either of whom is under sixteen years of
age.5. Requirements of Civil Law
The minister shall ensure that all the requirements of the civil law of the province or other
jurisdiction in which the marriage is to be solemnized have been met, in particular that all
prerequisite notices, medical certificates, and consents of parents, guardians, or others, have
been respectively given, completed, and obtained.6. Licenses and Banns
The minister shall not solemnize a marriage unless the parties have obtained a license from
the proper authority or unless the banns have been published in conformity with the civil law
and in the manner required by Section 7.7. Publication of Banns
When banns are to be published:
a) They shall be called in the church three several Sundays during divine worship after the
accustomed manner, and in conformity with the requirements of civil law.
b) Where either or both of the parties are accustomed to worship in a church or churches
other than their own parish church, the banns may be called in the church or churches in
which they worship, provided that the civil law allows such procedure.
c) The minister shall say together with such addition as the civil law may require: I publish
the Banns of Marriage between N. of ...... and N. of ..... . If any of you know cause or
just impediment why these two persons should not be joined together in Holy Matrimony,
you are to declare it. This is the first (or second or third) time of asking.
d) After the final calling their publication shall be recorded as required, and if the marriage
is to be solemnized elsewhe re the appropriate certificate shall be forwarded to the
officiating minister.8. When License to Marry is Required
The calling of banns shall not exempt the parties from obtaining a license to marry where the
civil law requires them to do so.9. Certain Marriage Forbidden
Except as provided in part III or part IV of this Canon, no minister shall solemnize the
marriage of two persons one of whom has been a party to a ceremony of marriage with a third
person now living.10. Baptism
The Form of Solemnization of Matrimony in the Book of Common Prayer is provided for the
marriage of Christians. No minister shall solemnize matrimony between two persons neither
of whom has been baptized. If two persons, one of whom has not been baptized, desire to be
so married, the minister shall refer the matter to the bishop of the diocese whose order and
direction shall be followed.11. License and Permission of Minister to Solemnize Marriage
a) Every minister who solemnizes a marriage must where the civil authorities make such a
requirement, hold a valid license or permit to officiate at marriages in that place.
b) The minister must also have the license or authority of the bishop of the diocese in which
the marriage is to be solemnized.
c) The officiating minister must have obtained the consent of the incumbent of the parish in
which the marriage is to be solemnized if the officiating minister is not licensed to that
parish.
d) The discretion of a minister to decline to solemnize any particular marriage shall not be
abrogated by this Canon.II. THE SOLEMNIZATION OF MATRIMONY
12. Place of Marriage
Marriage shall be solemnized in the body of the church except for sufficient cause, in the face
of the congregation and of the friends and neighbours of those who come to be married.
Every marriage shall be solemnized in the presence of at least two witnesses in addition to the
officiating minister.13. Incumbent in Charge of Service
The incumbent shall be responsible for the conduct of the marriage service. Hymns or
anthems sung at the service shall be those only which may be found in Holy Scripture, in the
books of Common Prayer or Common Praise, or in texts approved by ecclesiastical authority.14. Marriage to a Non-Christian
The form of Solemnization of Matrimony is intended to be used in marriages between
Christians. For purposes of this Canon, a person is a Christian who has been baptized and
who is prepared to reaffirm Baptismal vows.
Where one of the parties to a marriage does not consider himself/ herself to be a Christian,
the minister may, nevertheless, use the Form of Solemnization as deemed to be appropriate.
The form may be used with such modifications as may be permitted by the bishop having
jurisdiction where the marriage is to be solemnized. In the vow, the non-Christian may omit
the words 'holy' and 'according to God's ordinance', but no other change may be made to the
vow or to the declaration of intention.15. Parish and Civil Registers
It is the duty of the officiating minister to record the information required by the civil
authority as well as the information necessary for pastoral care, in the manner following:
a) At the time of marriage the minister shall enter the several particulars relating thereto in a
register to be retained in the parish for this purpose. In this parish register the minister
shall record the particulars of baptism, confirmation, and church membership of the
respective parties, and the address of their intended residence.
b) The minister shall also record in such other register or form as may be required by the
civil law the particulars prescribed by that law, and shall duly report the same to the
appropriate authority.III. DETERMINATION OF MARITAL STATUS UNDER THIS CANON
16. Definitions
a) "Marriage" as defined by this Canon means that union described in the Preface of this
Canon and further described in section 17 of this part. With respect to marriage so
defined, a man and a woman may nevertheless, for reasons of age or health or other
serious cause agree to marry upon condition that there shall be no sexual intercourse
between them permanently or for a limited time or from time to time.
b) "Commission" as used in this Canon means the Ecclesiastical Matrimonial Commission
established under part VI of this Canon, and the effect of a decision of a Commission
shall be as stated in section 32 of Part VI.17. Conditions of Valid Marriage under this Canon
The question whether a purported marriage constituted a marriage as defined by this Canon
shall be determined by the Commission in accordance with the following principles:a) The parties to a marriage are not qualified for the purpose of this Canon to marry each
other if:
i) either of them is under the age of 16 years,
ii) they are related to each other by blood or marriage within the prohibited
degrees listed in the Table of Kindred and Affinity set out in section 3 of
part I of this Canon, or
iii) either of them has gone through a ceremony of marriage with a person
who is living at the time of the application, unless:a) the previous ceremony of marriage has been found, as provided
in this part, by the Commission not to have been a marriage as
defined by this Canon and therefore not to be an impediment to
marriage under the Canon Law of this Church; orb) the previous marriage has been found by the Commission to
have been dissolved or terminated according to the civil law
applicable thereto and permission to marry has been given by the
Commission, as provided by part IV of this Canon.b) The contract of marriage requires the free and voluntary consent of the parties to marry
each other upon the terms set out in the Preface of this Canon, based upon adequate
understanding by each of them of the nature of the union and of the mutual relations of
husband and wife and of parents and children.c) Consent to marry is not present where:
i) one of the parties is at the time of the contract of marriage incapable by reason of
mental defect, mental illness, alcoholic intoxication, or the influence of a drug, of
having the necessary understanding or giving the necessary consent;ii) one of the parties has been induced to consent by duress, by coercion, or by fear;
iii) one of the parties gives consent after having been abducted and before being set
free;
iv) one of the parties is at the time of the contract of marriage mistaken with respect
to the nature of the contract or of the union, or with respect to the identity of the
other party;
v) one of the parties at the time of the covenant of marriage was deceived by
misrepresentation, concealment or other deception with respect to facts which
have threatened life or adversely affected or endangered health or have been
seriously detrimental to the establishment of the covenant, including among other
things, misrepresentation, concealment or other deception relating to:a) venereal disease, AIDS
b) addiction to drugs or alcohol
c) pregnancy, except as a result of intercourse with the marriage partner
d) homosexual practice
e) violence, sadistic conduct, or other abnormal practices;
vi) the marriage has been agreed to upon a condition which is ille gal, impossible or
contrary to the nature of the union, as defined in this Canon;
vii) the marriage is intended to be a sham or mere form;
viii) either party is incapable of consummating or unreasonably refuses to
consummate the marriage by sexual intercourse, subject to subsection 16 a) of
this part; or
ix) one of the parties is not a Christian and there is a condition taken that the
Christian party shall be entitled to adhere to and practice Christianity or to bring
up any children of the union as Christians, and the non-Christian party assents to
the condition without intending that it shall be satisfied.d) In the cases mentioned in subsections ii), iii), iv), v) and ix) hereof, the party coerced,
mistaken or deceived or otherwise imposed upon may by an act of will approbate the
marriage and continue to cohabit with the other party when free to cease cohabitation
after being freed from coercion, fear or abduction or after learning of the mistake,
deception, concealment or other circumstance constituting the defect. What constitutes
approbation is a question of fact in each case. The effect of approbation for the purpose
of this Canon is to validate the marriage.e) Nothing contained in this Canon shall authorize the solemnization of a marriage known
to the minister or either of the parties to be invalid by civil law.18. Conditions Governing Application Regarding Canonical Status
a) An application for declaration of marital status under this Canon may be made where the
applicant has gone through a ceremony of marriage with a person living at the time of the
application and it is alleged that the ceremony did not constitute a marriage as defined by
this Canon and where the marriage or purported marriage:
i) has been annulled or declared null and void or dissolved or otherwise
terminated by a legislature or court, or
ii) is alleged to have been dissolved or otherwise terminated according to the
civil law properly applicable thereto, by an extra-judicial or non-judicial and
non-legislative act or event.b) An application under this section may be made by a person who has gone through a
ceremony mentioned in subsection a) of this section and who is:
i) a member of this Church, or
ii) a person who desires to marry according to the rites of this Church.c) An application under this section not made in the course of or with a view to proceedings
preliminary to a marriage shall be made to the incumbent of the parish or mission where
the applicant resides or is accustomed to worship.d) An application under this section made in the course of or with a view to proceedings
preliminary to a marriage shall be made to the incumbent of the parish or mission where
it is desired that the intended marriage be celebrated.e) The incumbent receiving the application shall investigate it to the best of his or her ability
and forward the application, together with his or her report thereon, through the
appropriate channels to the Commission having jurisdiction in the diocese.19. Form of Application
a) An application for declaration of marital status under section 18 shall be made in writing
and signed by the applicant and shall contain the information required by Schedule B.
b) The application shall be accompanied by:
i) a certificate of performance or registration of the ceremony issued by a
competent authority;
ii) the original or a copy of the legislative act or the judgment or decree referred
to in Schedule B, paragraphs 9 and 10, and of any other document necessary
for proof of any fact, and proof of its authenticity;
iii) statements in writing verifying all other relevant facts not within the
knowledge of the applicant signed by persons having knowledge of the facts;or
iv) where there has been no legislative act and no judgment or decree as above
mentioned, a reasoned opinion in writing, signed by a person professionally
qualified to give an opinion in respect of the law in question, verifying that
the purported marriage has been dissolved or otherwise terminated.20. Decision of Commission
a) On an application for declaration of marital status under section 18 of this part, the
Commission, when all relevant facts have been proved to its satisfaction, shall determine
whether the ceremony gone through by the applicant resulted in a marriage under this
Canon.b) If the Commission determines that the ceremony did not result in a marriage under this
Canon and if the Commission is satisfied that the marriage or purported marriage has
been annulled or declared null and void or dissolved or otherwise terminated by a
legislature or competent court, or has been dissolved or otherwise terminated by another
act or event according to the law properly applicable thereto, and that no civil
impediment to the marriage of the applicant exists, the Commission shall make a
declaration that the ceremony in question did not result in a marriage under this Canon
and therefore does not constitute an impediment to marriage under the Canon Law of this
Church. In all other cases, the Commission shall declare that impediment exists.c) Where there has been a failure to obtain any consent of a parent, guardian or other
person, other than a party to the marriage, whose consent is required by the applicable
civil law and where the marriage has been annulled on this ground by a competent court,
the Commission may make a declaration that the ceremony in question did not result in a
marriage under this Canon and therefore does not constitute an impediment to marriage
under the Canon Law of this Church.21. Presumption of Death
a) An application for declaration of marital status under this Canon may be made to the
Commission by a person who desires to be married according to the rites of this Church
and who has been a party to a marriage with a person:i) in respect of whom a judicial declaration of presumption of death has been made
by a competent court, or
ii) who is missing and presumed dead but whose death has not been officially
confirmed and in respect of whom no judicial declaration of presumption of
death mentioned in subsection i) has been made.b) For the purpose of the application a court exercising civil jurisdiction in any part of
Canada acting under legislation of Canada or of a province is deemed to be a competent
court, whether the declaration is made under legislation related to marriage or under other
legislation. The jurisdiction of any other court whose declaration is relied on must be
proved to the satisfaction of the Commission.c) The application shall be made in accordance with the provisions of section 18,
subsections c) (ii) and (iii) and Schedule B omitting paragraphs 3 to 8 inclusive.d) The application shall be accompanied by a certified copy of the judicial declaration, if
any, relied on by the applicant, a statement or statements in writing signed by the person
or persons having knowledge of the facts on which the allegation of death is based, and a
statement in writing signed by the applicant setting out his or her belief in the death of the
other party to the marriage and the reasons for that belief.e) If the Commission is satisfied that the missing party to the marriage or ceremony of
marriage is dead, as far as can be ascertained at the time of the application, the
Commission may make a finding to that effect and make a declaration that the marriage
or ceremony of marriage between the applicant and the missing party does not at the time
of the declaration constitute an impediment to the marriage of the applicant under the
Canon Law of this Church. Otherwise, the Commission shall dismiss the application
without prejudice to a later application.f) A person who has obtained a declaration under this clause shall at or after the time of
publication of banns or on production of the license declare to the intended celebrant that
he or she has no reason to believe and does not believe that the other party to the former
marriage or ceremony of marriage is alive.IV. THE REMARRIAGE OF A DIVORCED PERSON
WHOSE FORMER PARTNER IS LIVING
22. Application for Permission to Remarry According to the Rites of the Church
a) An application for permission to marry each other according to the rites of this Church
may be made by two persons, one or both of whom has or have gone through a ceremony
or ceremonies of marriage with a person or persons now living not a party or parties to
the application, if the prior marriage or marriages is or are not questioned under this
Canon in the application but has or have been dissolved or terminated by a legislature or
legislatures or a court or courts or by another act or acts or event or events according to
the law or laws applicable thereto. Where a marriage or purported marriage has been
annulled for a defect not mentioned in section 17 of part III of this Canon, and no defect
mentioned in that section is alleged in respect thereof, it shall be deemed for the purposes
of this Canon to have been dissolved.b) The application shall be made to the incumbent of the parish or mission where it is
desired that the intended marriage be celebrated. The incumbent shall investigate the
application as thoroughly as possible and forward it together with the report thereon,
through the appropriate channels, to the Ecclesiastical Matrimonial Commission
established under Part IV of this Canon, having jurisdiction in the diocese.c) An exception to this process may be made:
i) where both parties to the intended marriage normally reside at a
significant distance from the proposed place of marriage, orii) where the parties live at a significant distance from each other, or
iii) where other circumstances require special arrangements,
in which case the interviews and investigation shall be arranged for by the incumbent
through responsible persons who are readily accessible to one or both of the partners to
the intended marriage.d) The application shall be made in writing and signed by both applicants and shall contain
the information required by Schedule C.e) The incumbent or the persons responsible for interviews and investigation shall attend to
the question of pastoral care of former partners who are not applicants (as required of the
Ecclesiastical Matrimonial Commission in Schedule D), and ensure, where needed and
possible, that pastoral care is provided from an appropriate source.
23. Permission to Remarry According to the Rites of the Church
Permission to remarry according to the rites of this Church, notwithstanding the marriage or
marriages of either or both applicants to another person or persons now living, should be based on
a reasonable belief that the applicants understand the nature of Christian marriage as stated in this
Canon and intend to enter into such a marriage, and reasonable hope that they will continue in
that relationship during their joint lives. Permission may be granted by the Commission to the
applicants if the Commission is satisfied that:a) any prior marriage in question has been validly dissolved or terminated in accordance
with the law properly applicable thereto;b) the applicant concerned tried in good faith before dissolution to effect reconciliation with
the other party;c) adequate provision has been made for a former spouse of a divorced applicant, according
to the means and needs of the applicant and the means and needs of the former spouse;d) proper provision has been made for the care, maintenance, education and advancement of
minor, disabled or otherwise dependent children of any prior marriage;e) if the children of a prior marriage are to live with the applicants, there is a reasonable
prospect that the family relationship will be satisfactory;f) the applicants understand the Christian Doctrine of marriage as defined in this Canon,
and intend to enter into such a marriage, and believe on reasonable grounds that they
have the capacity to enter into and sustain the marriage during their joint lives.24. Refusal of Permission
a) If permission is not granted, the Commission shall, subject to subsection 24c) of this Part,
dismiss the application, giving reasons in writing which shall be communicated to the
applicants through the incumbent.b) On being notified of dismissal of the application, the applicants may, within 30 days after
receipt of notice, apply in writing to the Commission for reconsideration of the
application. On such reconsideration the applicants may appear personally before the
Commission and submit further information and reasons why the application should be
granted or may submit such information and reasons in writing. On such reconsideration
the Commission may grant the application or confirm its previous decision. If the
Commission confirms its previous decision it shall give reasons in writing which shall be
communicated to the applicants through the incumbent.c) If an application is dismissed and the decision is confirmed by the Commission and the
bishop, or if the applicants do not exercise their rights under subsection b), the
application may not be renewed before any Commission unless further information is
provided.
25. Special Cases
a) If the Commission is satisfied that efforts towards reconciliation between the parties to a
former marriage would have been ineffective as a result of the fault of either party or for
any other reason, the requirement of subsection 23 b) may be dispens ed with.b) If either applicant has entered into two or more marriages that have been dissolved, the
Commission shall not grant permission unless special circumstances justifying
permission are proved.c) Notwithstanding the form of the application, if the Commission is of the opinion that a
prior purported marriage of an applicant did not constitute a marriage as defined by this
Canon, and the conditions of part III, section 20 are satisfied, the Commission may make
a declaration under that clause in respect of the marriage in question.d) If the incumbent of a parish declines for reasons of conscience to solemnize a marriage
pursuant to permission given under this Part, the said incumbent shall refer the applicants
to another priest designated by the bishop for investigation and report and permit that
priest or another priest to solemnize the marriage in his or her Church.V. ADMISSION TO HOLY COMMUNION IN SPECIAL CASES
26. Admission to Holy Communion in Special Cases
In every case where a person who has been remarried, except as provided above in this Canon,
whose former and present partners are both living, desires a ruling with respect to admission to
Holy Communion, the case shall be referred by the incumbent to the bishop of the diocese for
judgment. In arriving at this judgment the bishop shall have due regard for the spiritual welfare of
the petitioner as well as the provisions of this Canon. The bishop shall give the judgment in
writing to both the incumbent and the petitioner.VI. ECCLESIASTICAL MATRIMONIAL COMMISSION
27. Diocesan Commission
a) Subject to the provision of section 28 of this part, there shall be in each diocese an
Ecclesiastical Matrimonial Commission, hereinafter called the Commission, to deal with
applications under this Canon.b) The president of the Commission shall be the diocesan bishop or a bishop or priest
appointed by the diocesan bishop. In a diocese in which no other president has been
appointed, in the absence of the diocesan bishop from the diocese or during a vacancy of
the See the administrator of the diocese shall be the president.c) The diocesan bishop shall appoint two or more communicant members of this Church to
be members of the Commission, and may appoint other persons to be consultants without
vote.d) At least one member of the Commission or a consultant should be engaged in or be
qualified to engage in the practice or teaching of civil law in the province, territory or
other jurisdiction or each of them, in which the Commission acts and at least one member
or a consultant should have special skill and knowledge in Canon Law and at least one in
pastoral care.e) The Commission may delegate to one or more members or consultants the investigation
of any application or class of applications and of any matter or matters related thereto
and of ascertaining any relevant facts and reporting thereon to the Commission, and may
accept and act on any report or may take or require further investigation.f) A quorum of a Commission shall be a majority of its members. The decision of a
Commission shall be that of a majority of its members present and taking part in
determination of its decision.g) Before becoming effective, the decision of the Commission shall require confirmation by
the diocesan bishop or a bishop appointed for that purpose, or, if the See is vacant or the
diocesan bishop and other bishops of the diocese be absent from the diocese, by the
diocesan bishop's commissary or other administrator of the diocese.h) The diocesan bishop shall appoint an officer of the Commission who shall be known as
the registrar and shall act as clerk and secretary of the Commission, to receive
applications, conduct correspondence, give notices, attend hearings and deliberations in
person or by deputy and keep minutes of proceedings, and engross and promulgate
decisions and communicate each decision to the appropriate incumbent and the applicant
or applicants and shall keep the records of the Commission in the diocesan offices.
28. Joint Commission
a) With the consent of the metropolitan of the ecclesiastical province and of the diocesan
synods of the dioceses concerned, the diocesan bishops of two or more dioceses may
establish a Joint Commission to deal with all applications made thereafter within any of
the dioceses concerned. If the dioceses are in different ecclesiastical provinces, the
consent of the metropolitan of each province shall be required.b) The diocesan bishops of the dioceses concerned shall at the time of the meeting of each
provincial synod involved or otherwise from time to time as required elect a bishop to be
president of the Joint Commission or confirm the appointment of one already in office. If
the jurisdiction of the Joint Commission extends into two ecclesiastical provinces, the
bishops of the dioceses concerned shall arrange the election of a president among
themselves.c) The president of a Joint Commission shall appoint the registrar from time to time during
the president's term of office as president.d) While a Joint Commission is in existence, its composition, organization, powers and
procedure shall with all necessary changes be the same as those of a diocesan
Commission, and no diocesan Commission within its jurisdiction shall act, provided that:
i) the diocesan bishops of the dioceses concerned shall join in the
appointment of members of and consultants to the Joint Commission;
ii) applications shall be submitted by the appropriate incumbent to the
diocesan secretary of each diocese concerned and forwarded by the
secretary to the registrar forthwith; and
iii) after a decision in an application has been made and promulgated, the
registrar shall forward the decision, together with the application and all
related documents, to the diocesan secretary of the diocese in which it
was made, who shall submit the decision for confirmation to the
authority mentioned in subsection 27 g) of this part. On obtaining the
determination of that authority the secretary shall keep it with the
application and accompanying documents in the diocesan records in a
confidential manner, and communicate the decision to the appropriate
incumbent and the applicant or applicants.e) The diocesan bishop of a diocese under a Joint Commission may with the consent of the
diocesan synod and of the metropolitan of the province withdraw the diocese from the
jurisdiction of the Joint Commission in respect of applications made after the withdrawal.
On so doing the bishop shall forthwith establish a diocesan Commission.29. Jurisdiction of Commissions
Applications under this Canon shall be either:
a) applications for declaration of marital status, under part III of this Canon, orb) applications for permission to marry according to the rites of this Church, under part IV
of this Canon.
30. Procedure
The procedure followed by a Commission shall be governed by the provis ions of Schedule D.
31. Avoidance of Delay
Each application shall be dealt with as expeditiously as possible.
32. Limitation of Jurisdiction
Every finding and determination of the Commission shall be and shall be expressly stated to
be made solely for the purposes of this Canon and not for the purpose of performing any
function of a civil court or other civil authority, and shall otherwise be confined to the
findings and declaration, or granting or refusal of permission, necessary for disposing of the
application in respect of which it is made.33. Persons Serving In or Attached To the Canadian Forces
a) This section applies to a person enrolled in the Canadian Forces who is serving in the
regular forces or who is a member of the reserve forces on continuous duty with the
regular forces, or a person who, in accordance with the National Defence Act,
accompanies the Canadian Forces, and the dependents of all such persons.b) A person described in a) of this section may make an application under part III or part IV
of this Canon by forwarding an application to the Anglican chaplain responsible for his or
her pastoral care.c) On receipt of an application mentioned in (b) from a person who is residing in Canada,
the chaplain shall forward the application to the bishop of the diocese in which the
applicant is resident.d) If the applicant is a person serving or residing outside Canada, the chaplain shall forward
the application to the Bishop Ordinary of the Canadian Forces for action.e) Nothing herein contained shall prevent the making of an application by such a person in
the manner prescribed by part III or part IV.
VII. FORMS
Forms for use in the administration of this Canon may be authorized from time to time by the Council of
the General Synod of the General Synod.CANON XXI - SCHEDULE A
DECLARATION
See Part I, Section 2
We, ........................................................and ............................................., hereby declare that we intend to
enter into marriage which we acknowledge to be a union in faithful love, to the exclusion of all others on
either side, for better or for worse, until we are separated by death.
We undertake to prepare ourselves for the exchange of vows at our wedding, recognizing that by this
mutual exchange our union in marriage will be established.We intend to strive thereafter to fulfill the purposes of marriage: the mutual fellowship, support, and
comfort of one another, the procreation (if it may be) and the nurture of children, and the creation of a
relationship in which sexuality may serve personal fulfillment in a community of faithful love.CANON XXI - SCHEDULE B
APPLICATION FOR DECLARATION OF MARITAL STATUSSee Part III, Sections 19a) and 21c), and Schedule C, Section 1
The following information, or so much of it as is necessary for a decision by the Commission, shall be
provided as far as it is known:1. The full name, and place of residence of the applicant.
2. The date and place of the marriage ceremony in que stion, its nature and form, by or before whom it
was celebrated or solemnized, and the authority or purported authority of the celebrant.3. The full name, and the place of residence if known, of the other party to the ceremony, at the time of
the application.
4. The ages of the parties at the time of the ceremony, their then respective places of residence,
domiciles and nationalities, their relationships towards each other by blood or marriage, whether
either of them was under any disability or prohibition wit h respect to marriage generally or with
respect to the other party, and the respective marital conditions of the parties immediately before the
ceremony.5. The proper law applicable to the ceremony and to the marriage otherwise than with reference to the
ceremony, the relevant provision of the proper law or laws and authorities for such provisions.6. Whether the requirements of the proper law or laws with respect to banns, license or permit, to
consent of parents or others, to examinations and other preliminary matters were duly complied with.7. The alleged defects in the ceremony or in the marriage or purported marriage.
8. Whether (if relevant) either party has exercised any legal right to avoid the marriage or purported
marriage or has approbated the marriage.9. Full particulars of any proceedings in any court or ecclesiastical tribunal or commission in which the
validity of the marriage or purported marriage was questioned directly or indirectly and the result of
such proceedings.10. Full particulars of any proceedings in any court or legislature or of any other act or event by which
the marriage or purported marriage was or is alleged to have been dissolved or terminated.11. Whether there have been children of the marriage or purported marriage and, if so, the full name, age,
place of residence and present marital status of each child now living.12. If any child of the marriage or purported marriage is a minor or under any disability or otherwise
dependent on one or both of the parties to the marriage or purported marriage a statement showing
who has the custody or is directly or indirectly responsible for the care and maintenance of the child
and full details of present financial and other arrangements and future plans for the care, maintenance,
education, and advancement of the child.13. A statement showing what provision has been made by the applicant for the present and future
maintenance of the former spouse or purported spouse, or an explanation why there is no such
provision;14. If one or both applicants are not resident in the parish, the procedures as outlined in Part IV, Section
22(b) may apply;15. Any other facts that would assist the Commission.
CANON XXI - SCHEDULE C
APPLICATION FOR PERMISSION TO REMARRY
ACCORDING TO THE RITES OF THE CHURCHSee Part IV, Section 22c)
The following are required:
1. The full name and place of residence and religious affiliation, if any, of each applicant;
2. The date and place and solemnizing officiant of any former marriages of each applicant with a person
now living and the present marital status of the applicant and the ages of the parties immediately
before such marriage;3. The information mentioned in paragraphs 3, 9, 10, 11, 12, 13, 14 and 15 of Schedule B.
CANON XXI - SCHEDULE D
PROCEDURE OF THE COMMISSIONSee Part VI, Section 30
1. Unless a marriage or purported marriage in respect of which an application is made has been civilly
annulled or declared null and void or dissolved or terminated by a competent legislature or a
competent court at the instance of or after due notice to the party thereto other than the applicant
herein, the Commission shall before making a finding or determination cause the other party to be
notified of the application in a manner that satisfies the Commission that the notice has been brought
to the attention of the other party, if it is feasible to give such notice.2. In any case the Commission may cause the other party to the marriage or purported marriage, or any
other person whom the Commission believes to be concerned, to be notified of the application, if
notification is feasible.3. The notice shall be accompanied by a copy of the application and shall inform the person notified that
he or she may assert or dispute any statement of fact, submit evidence orally or in writing and make
any submission or representation he or she sees fit to make in person or by representative.4. Any statement, dispute, evidence, submission or representation made in response to the notice shall
be communicated to the applicant who shall be given an opportunity of making answer or rebuttal.
5. The Commission may:
a) require proof of any additional fact which appears to be relevant to the matters involved in
the application;b) require proof of any fact to be made by statutory declaration or to be made orally by
affirmation, and require any document to be satisfactorily authenticated;c) require the applicant, in order to remove doubt, to take such proceedings in a competent civil
court as may be necessary to establish or confirm the nullity of any purported marriage not
already annulled or declared null and void by a court or legislature or the dissolution or
termination of any marriage not dissolved or terminated by a court or legislature, or the
competence in the premises of any court or legislature whose act, judgment or decree is relied
on in relation to the marital status of the applicant;d) permit an applicant to be represented or assisted by counsel or by a person having special
skill and knowledge in Canon Law and pastoral care;e) make findings of fact based on any evidence satisfactory to the Commission, submitted in a
manner satisfactory to the Commission, whether written or oral and direct or hearsay and
whether or not verified by oath, affirmation or statutory declaration;f) conduct a hearing, if the Commission sees fit, in the presence of the applicant and of the other
party to a marriage or purported marriage if the other party desires to attend, and of their
representatives or assistants, or make a determination without a hearing if the Commission
does not consider a hearing necessary, and no application for a hearing is made by the
applicant;g) permit an application to be reopened or a fresh application to be made if further information
is available after the Commission has disposed of an application.6. It is not intended that the Commission should act as a court and pass judgment on the past conduct
of applicants, but provide them with guidelines towards a better future for a new marriage. The
function of the Commission is pastoral, as part of the Church's marriage ministry.
CANON XXI - SCHEDULE E
MARRIAGE PREPARATIONSee Part I, Section 2
It is suggested that the incumbent or designate in discussing marriage preparation with the parties to a
marriage, in addition to recommending strongly to the parties that they avail themselves of a marriage
preparation course or program, review with the parties the following specific issues:1. The attitudes and expectations of the parties as to how they will deal with financial planning
including budgeting, sharing of incomes and expenses.2. The attitudes and expectations of the parties as to how they will deal with any potential religious
differences.3. The attitudes and expectations of the parties as to how their families including parents and siblings
will react to the marriage and how supportive they will be.4. The attitudes and expectations of the parties towards lifestyle including interests and friends in which
there may be common interests and differences.5. The attitudes and expectations of the parties towards work sharing in the home relationship and
management of the household.6. The attitudes and expectations of the parties as to their understanding of the importance of
communication between partners in a marriage.7. The attitudes and expectations of the parties in regard to sexual relations.
8. If the marriage being entered into is not a first marriage for both parties, it is recommended that there
be specific discussions with the parties regarding the effect of payment by one of the parties of
spousal or child support regarding a previous marriage, and potential problems concerning access to
or custody of children from a previous marriage, and further potential problems with integration of
children of the parties from previous marriages into a family unit.9. Their views regarding number of children, rearing and education of same and potential career
conflicts.10. The solemnity of the marriage covenant which the parties are making in the sight of God.
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