Marriage in Canada - Marriage Restrictions

Marriage Restrictions

The federal Marriage (Prohibited Degrees) Act (S.C. 1990, c. 46) prevents the following persons from getting married:

2. (1) Subject to subsection (2), persons related by consanguinity, affinity or adoption are not prohibited from marrying each other by reason only of their relationship.

(2) No person shall marry another person if they are related

(a) lineally by consanguinity or adoption;

(b) as brother and sister by consanguinity, whether by the whole blood or by the half-blood; or

(c) as brother and sister by adoption.

The provinces set additional rules governing who can get married.

• In Alberta, anyone 18 or over can get married. A person between the ages of 16 and 17 can get married with the consent of both their parents. Anyone under 16 cannot get married; this does not apply to a female if a physician's certificate shows she is pregnant or the mother of a living child. There is no requirement for residency.
• In British Columbia, anyone 19 or over can get married. A person between the ages of 16 and 18 can get married with the consent of both their parents. Under the age of 16, a person needs the consent of the Supreme or County Court. There is no requirement for residency.
• In Ontario, Both parties must be 18 years of age or over to obtain a Licence. A person who is 16 or 17 can get married with the consent of both his or her parents. In order to get married, they will need either a marriage licence or for the banns to be published. There is no requirement for residency.
• In Québec, the legal age for marriage is 16, but females under 18 may need proof of pregnancy or proof they have a living child. Marriage is governed by the Civil Code of Québec.
• In New Brunswick, anyone 18 or over can get married. A never-married person aged 16 or 17 may marry with parental consent.

Age restrictions are the same as for opposite-sex and same-sex marriages.