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.
The marriage rate in Canada has been declining over the years. In 2001, there were 146,618 marriages in Canada, down 6.8% from 157,395 in 2000,[1] but by 2020, there were only 98,355 marriages registered in Canada, which was the lowest total since 1938.[2] Prince Edward Island had the highest crude marriage rate (6.5 per 1,000 people) and Quebec had the lowest (3.0).
Marriage ceremonies in Canada can be either civil or religious. Marriages may be performed by members of the clergy, marriage commissioners, judges, justices of the peace or clerks of the court, depending on the laws of each province and territory regulating marriage solemnization. In 2001, the majority of Canadian marriages (76.4%) were religious, with the remainder (23.6%) being performed by non-clergy.
Same-sex marriage has been legal in Canada nationally since 2005. Court decisions, starting in 2003, had already legalized same-sex marriage in eight out of ten provinces and one of three territories.