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The Parliament of Canada has exclusive legislative authority over marriage and divorce in Canada under section 91(26) of the Constitution Act, 1867.However, section 92(12) of the Constitution Act, 1867 gives the provincial legislatures the power to pass laws regulating the solemnization of marriage.
In Canada, family law is primarily statute-based. The federal government has exclusive jurisdiction over marriage and divorce under section 91(26) of the Constitution Act, 1867. The main piece of federal legislation governing the issues arising upon married spouses’ separation and the requirements for divorce is the Divorce Act.
The Civil Marriage Act (French: Loi sur le mariage civil) is a federal statute legalizing same-sex marriage across Canada. At the time it became law, same-sex marriage had already been legalized by court decisions in all Canadian jurisdictions except Alberta , Prince Edward Island , the Northwest Territories , and Nunavut .
In Canada for example, the age of majority is 19 in Nova Scotia, New Brunswick, British Columbia, Newfoundland and Labrador, Northwest Territories, Yukon and Nunavut. Marriage under 19 years in these provinces requires parental or court consent (see Marriage in Canada).
The decision of the Government of Ontario to recognize two marriages that took place in Toronto on January 14, 2001, retroactively made Canada the first country in the world to have a government-legitimized same-sex marriage (the Netherlands and Belgium, which legalized same-sex marriage before Canada, had their first in April 2001 and June ...
According to the Preamble, the purpose of the law is "to encourage and strengthen the role of the family; ... to recognize the equal position of spouses as individuals within marriage and to recognize marriage as a form of partnership; ... to provide in law for the orderly and equitable settlement of the affairs of the spouses upon the breakdown of the partnership, and to provide for other ...
In 2005, Canada became the fourth country in the world, and the first in the Americas, that legalized same-sex marriage. [9] In 2022, Canada was the third country in the world, and the first in North America, that statutorily banned conversion therapy nationwide for both minors and adults, and made it a crime to subject anyone to it, as defined ...
Marriage is regulated throughout Canada by the Civil Marriage Act, [12] and violations of the requirements of this act are subject to the Criminal Code of Canada ("Offences Against Conjugal Rights" and "Unlawful Solemnization of Marriage" chapters, articles 290–296), also applicable throughout Canada. [13]