From British Columbia’s bewitching beauty to Montreal’s magnetizing culture, Canada is home to a score of desirable wedding destinations. In fact, the country hosts more than 160,000 weddings each year, and the industry is worth over $5 billion.

Unfortunately, weddings aren’t all romance — in Canada, there are some legal obstacles to hurdle before you tie the knot. And one of these obstacles is an officiant. Unfortunately, the rules surrounding who can be an officiant differ by province — Ontario, for instance, is relatively strict when licensing officiants, while Alberta is quite relaxed.

So whether you’re looking to get hitched or simply curious, let’s examine what you need to marry legally in Canada.

What is an officiant?

So what is a wedding officiant, and why do you need one anyway? Typically, an officiant works with you to develop and then lead the wedding ceremony. But the kind of officiant you hire depends on your wedding. For example, if you want a religious wedding, you’d employ a religious officiant like a pastor, rabbi, imam, or minister.

There are secular officiants, too. For instance, civil officiants oversee weddings at government locations, like courthouses or municipal offices. These officiants are usually government employees: judges, magistrates, clerks, or justices of the peace.

And then there are professional officiants, who blend the qualities of secular and religious officiants. Professional officiants typically have their own areas of specialization, but most will tailor their services to your tastes — whether it’s spiritual, secular, or somewhere in between.

Officiated by a religious representative

The marriage process in Canada necessitates the involvement of an authorized officiant who solemnizes the vows and ensures the marriage’s legality. As per the 2019 statistics from Statistics Canada, out of the 147,391 marriages conducted that year, every single one was officiated by a religious representative or a designated government official, demonstrating the role’s significance.

The core objective of an officiant is to guarantee that the individuals entering the matrimonial bond are doing so willingly and knowingly. Their responsibility includes validating the parties’ legal capacity to marry – their age, mental capacity, and marital status. Essentially, they act as a safeguard against coerced or unlawful unions.

It’s interesting to note that according to a survey by the Canadian Research Institute in 2021, approximately 78% of Canadians viewed the officiant’s role as a valuable tradition, not merely a legal formality.

Canada is renowned for its provinces and territories each having distinct marriage laws. Ontario, for example, exclusively allows a marriage to be officiated by a recognized religious official or a registered civil officiant. Statistics Ontario reported in 2022 that 61.5% of all marriages were solemnized by civil officiants, while religious figures officiated the remaining 38.5%. Thus, the notion of getting married without an officiant in Ontario is effectively inconceivable.

Couples can indeed marry without an officiant

Quebec, conversely, presents an interesting situation. According to Quebec’s Civil Code, couples can indeed marry without an officiant if they opt for a ‘notarial act en minute‘. This method of marriage, selected by 13.5% of Quebec couples in 2022, as per l’Institut de la statistique du Québec, involves the couple signing a notarized document, declaring their intention to marry.

Even though it is not an officiant-less marriage in the traditional sense, it does reduce the officiant’s role to a purely administrative one, thus deviating from the conventional ceremonial concept.

The province of British Columbia, on the other hand, adheres strictly to the officiant requirement, with no alternative method of solemnization available. BC Statistics reported that in 2022, 96% of the respondents believed that an officiant lends a certain dignity and authenticity to the wedding ceremony.

Maritime provinces such as Nova Scotia, New Brunswick, and Prince Edward Island follow similar rules, requiring an officiant at every wedding ceremony. A 2022 survey from Statistics Atlantic showed that despite the growing global trend of non-traditional weddings, about 85% of Maritime couples chose to stick with an officiant-led ceremony, indicating a robust adherence to the ceremonial tradition.

Can a friend or family member be a wedding officiant?

Depending on where in Canada you are, you might be able to ask a friend or family member to officiate your wedding. If your province allows it, they can become an ordained officiant and lead your ceremony. Alberta recently loosened their laws on wedding officiants: any Canadian resident over 18 years old can apply at no cost for a temporary license. The application typically takes one to two weeks, and the license lasts for a day — just long enough to help a happy couple tie the knot.

Unfortunately, if you’re marrying in Ontario, having a friend or family officiate your wedding isn’t possible — they can’t be ordained online like in other provinces.

Married without an officiant

Whether you’re going for a grand affair or an intimate ceremony, you’ll need to make your marriage official — and that’s why you need an officiant. On your wedding day, the officiant will sign your marriage license and send it to the government for certification; without one, the government won’t recognize your marriage. Your vows aren’t enough, unfortunately.

As one unlucky Calgary couple discovered in 2019, an unlicensed officiant will cost you time and money — and you still won’t be married. So yes, you do need an officiant to marry legally. Fortunately, you have lots of options when it comes time to choose one. Just make sure they’re licensed.

What else do you need to get married?

An officiant isn’t the only person you need to make your marriage official; each wedding also requires two witnesses — one for each partner. They’ll need to sign your wedding documents, and Canada has some rules about who can witness a wedding. Generally, the witnesses need to be over 18 years old (although in B.C., the minimum age is 19), be physically present and understand what’s occurring. If you plan to elope, don’t worry: some officiants will provide witnesses for you.

Married without an officiant

OK, we’ve covered officiants, but what’s a marriage commissioner? And why are there so many terms? Fair questions — marriage in Canada can be complicated. Generally, the terms are interchangeable, and many marriage commissioners are similar to the civil officiants described above — they provide non-religious options for weddings. But in B.C., marriage commissioners have a slightly different role, as they provide an alternative to civil and religious options. That is, if you don’t want to marry in a religious building or a courthouse, a marriage commissioner could be a good choice.

Keep in mind that B.C. has some interesting requirements for marriage commissioners: they must be retired or semi-retired, active in their community, articulate and well-groomed. Unlike many officiants, there’s also no required training for commissioners in the province, and they’re not required to spend any time with the couple before the ceremony.

Paperwork and permission

As cliché as it sounds, marriage in Canada can be a headache — there’s a lot of paperwork and permission needed before you can officially tie the knot. And part of that paperwork is a wedding officiant. Whichever province you marry in, you’ll need an officiant — someone to sign your marriage license and certify it with the government. Only then will your marriage be legal.

Luckily, you have lots of choices — officiants can be religious leaders, secular professionals or simply civil servants. Provinces like Alberta have even made it easier for individuals to obtain temporary licenses and officiate weddings for their friends and family.

Married without an officiant conclusion

You may have also heard of marriage commissioners, and the two terms are often interchangeable. Marriage commissioners typically provide flexible, affordable and non-religious wedding ceremonies.

While you need some form of officiant to marry legally in Canada, this doesn’t mean they’re a hindrance. In fact, many professional officiants would be a boon to your wedding; they can help you craft and rehearse a ceremony. Whatever the scope of your wedding, you can find an officiant to match, and they’ll ensure your union is legal.

If you still want to learn more about marriage agreements or if you can get married without an officiant, use our directory to find a lawyer or law firm in Canada.

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