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1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005

THE SENATE OF CANADA

 

BILL S-32


An Act to amend the Marriage (Prohibited Degrees) Act and the Interpretation Act
in order to affirm the meaning of marriage


Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1990, c. 46

MARRIAGE (PROHIBITED DEGREES) ACT

1. The long title of the Marriage (Prohibited Degrees) Act is replaced by the following:
An Act respecting marriage
2. Section 1 of the Act is replaced by the following:

SHORT TITLE

Short title 1. This Act may be cited as the Marriage Act.

MEANING OF MARRIAGE

Meaning of marriage 1.1 Marriage is the lawful union of one man and one woman to the exclusion of all others,

(a) solemnized in accordance with the laws of the province in which the marriage takes place; or

(b) made valid in accordance with the laws of a foreign country in which the marriage takes place if the marriage is also recognized as valid in Canada under the laws of Canada.

Judgments 1.2 The judgments of certain courts declaring a doctrine of marriage contrary to that expressed by section 1.1 of this Act, shall be set aside and nullified.
Charter 1.3 Section 1.1 operates notwithstanding any contrary judgments of a court, and notwithstanding sections 7 and 15 of the Constitution Act, 1982.

PROHIBITED DEGREES

R.S., c. I-21

INTERPRETATION ACT

3. Subsection 35(1) of the Interpretation Act is amended by adding the following in alphabetical order:
"marriage"
« mariage »
"marriage" means a marriage within the meaning of section 1.1 of the Marriage Act;