GENERAL COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Sheila Birrell, Town Clerk
	PREPARED BY:	same as above
	DATE OF MEETING:	2005-02-14
	SUBJECT:	Civil Marriages

RECOMMENDATION:

That a by-law be enacted to implement the civil marriage ceremonies in the Town of Markham.

PURPOSE:

To report and recommend on the issue of civil marriage ceremonies in light of recent legislation.

BACKGROUND:

The demand for civil marriages is increasing. Currently they are performed by Justices of the Peace. The province has directed these court officials to focus on their court related duties. However, to ensure citizens have access to civil marriage ceremonies, the Minister of Consumer and Business Services, on September 24, 2004, announced changes to the regulations under the Marriage Act. Through Ontario Regulation 285/04, a Municipal Clerk of a local municipality is able to perform civil marriages. The Council of the local municipality must approve implementation of the service and may do so either by by-law or resolution. The legislation also provides that the Clerk may delegate responsibility to perform marriages to any person other than a member of Council.

OPTIONS/DISCUSSION:

The Town of Markham is in an enviable position because of its chapel. Markham is the only municipality in York Region with such facilities. In 2003, there were 1,222 marriage licences issued. These increase annually by approximately 100. Of the 1,222 licences, there were 482 weddings held in the chapel. 320 of the weddings were performed on weekends, 133 were performed on weekdays, and 29 during the evening hours on weekdays.

At a recent York Region Clerks meeting, it was agreed that municipalities that opt to implement civil marriages ceremonies should apply a similar fee. This is one service that municipalities are

OPTIONS/DISCUSSION: (cont’d.)

not required to ensure the service only covers the costs. Staff anticipate a fee that is in line with the fees currently charged by both Justices of the Peace and clergymen.

Since Markham has the best location in York Region, staff are recommending the implementation of civil marriage ceremonies, together with various options for residents. Citizens could obtain a marriage licence, book the chapel, have their marriage ceremony solemnized by the Clerk or her designate, use the atrium for inside photographs and use outside space for photographs (depending upon the time of year) and could utilize florist and photographer referrals. A communications/marketing strategy will be required and assistance from the Communications Department is anticipated.

Staff anticipate offering civil marriage ceremonies one or two half days per week and delegating the responsibility for same to one or more persons, such as former Clerks or Justices of the Peace for the evening and weekend ceremonies. There would be no cost to the municipality since the fees would cover the costs. A subsequent report to Council establishing the necessary fees will be necessary.

FINANCIAL CONSIDERATIONS:

It is not possible to estimate the amount of revenue that will be generated during the first year. Markham will be the only municipality to offer such a variety of wedding services. Staff anticipate taking a business approach on this initiative and the numbers increasing as the project develops.

ACCESSIBILITY CONSIDERATIONS:

None

ENGAGE 21ST CONSIDERATIONS:

The proposed service would assist in the Town’s resources and recognize, promote and strengthen a sense of community.

BUSINESS UNITS CONSULTED AND AFFECTED:

Street Services will be approached with a request for the preparation of a suitable outdoor location for photographs.

The Communications Department will also be approached with a request for assistance with the communications/marketing strategy.

ATTACHMENTS:

Sheila Birrell, Town Clerk.

Andy Taylor, Commissioner of Corporate Services