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By-law No. 2010-017 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NUMBER 2010-017 Being a By-law to Authorize Civil Marriage Solemnization Services WHEREAS Ontario Regulation 285/04 provides the Clerk or designate of a local municipality with the authority to solemnize marriages under the authority of a licence; AND WHEREAS the Council of the Corporation of the Municipality of Bayham considers it desirable to have civil marriage solemnization services performed; NOW THEREFORE the Council of The Corporation of the Municipality of Bayham enacts the following as follows: 1. That Council for the Corporation of the Municipality of Bayham hereby directs that the civil marriage solemnization services be implemented within the province of Ontario; 2. That Council for the Corporation of the Municipality of Bayham recognizes that Lynda A. Millard, is authorized to solemnize marriages for as long as she holds the position of Clerk, as set out under Ontario Regulation 285/04 and the Marriage Act, R.S.O. 1990, Chapter M. 3 for the Province of Ontario; 3. That Council of the Corporation of the Municipality of Bayham does hereby further support the Clerk delegating the authority to perform civil marriage solemnization services to Marion F. Rogers and to Jack C. Wharram Jr. as provided for under the Municipal Act 2001, S.O.2001, c25 Section 228 (4) & (5); 4. That effective with the date of passage of this by-law, Marion F. Rogers is hereby authorized to solemnize civil marriages as long she holds the position of Marriage Officiant at the Municipality of Bayham; 5. That effective with the date of passage of this by-law, Jack C. Wharram Jr. is hereby authorized to solemnize civil marriages as long he holds the position of Marriage Officiant at the Municipality of Bayham; 6. That Schedule 'A' detailing fee structures for services form part of this by-law and be part of the Municipality of Bayham Rates and Fees By-law 2005-102; 7. That Schedule `B' detailing guidelines for services form part of this by-law and; 8. That By-law No. 2010-017 shall come into full force and effect upon final passage. READ a first, second and third time and finally pas, d this 4th da of March 2010. � / May•J ynn Acre Clerk Lynda Millard The Corporation of the Municipality of Bayham By-law No. 2010-017 Page 2 of 5 SCHEDULE `A'-FEES (By-law 2005-102) Civil Marriage Solemnization Services Civil Marriage Ceremony Ceremony in the Municipality of Bayham • in Council Chambers during Municipality of Bayham Business Hours (Wednesday 1:00 pm—3:00 pm - $250.00 • outside Council Chambers - $250.00 Ceremony outside the Municipality of Bayham • services outside boundaries of Bayham - $250.00(plus mileage outside the boundaries of Bayham will be charged at a rate of$0.45 per kilometre) A $100 non-refundable deposit is included in the above fees Rehearsal Fee • $75.00 Renewal of Vows • $75.00 Please Note: All persons using a municipal facility must provide a"certificate of insurance"in the minimum amount of$1,000,000 coverage for the duration of this function. The"certificate of insurance" naming the Municipality of Bayham as the certificate holder,must be presented to the Marriage Officiant a minimum of five(5)business days prior to the ceremony date. Additional rental fees apply to the Community Centre facilities in Vienna and Straffordville, as applicable. Bookings for these facilities will need to be made through the Community Centres Managers. The Corporation of the Municipality of Bayham By-law No. 2010-017 Page 3 of 5 SCHEDULE `B'- GUIDELINES For the Provision of Civil Marriage Ceremonies 1. Ceremonies will be conducted by appointed officiants of the Municipality of Bayham. Ceremonies can take place at either: (a) the Municipality of Bayham,Municipal Office Council Chambers 9344 Plank Road, Straffordville, ON NOJ 1Y0 (subject to its availability during regular working hours), or (b) at an agreed upon location and time within the.province of Ontario depending upon availability of the officiant. 2. Fee: cash or money order to be paid to the Municipality of Bayham a minimum of five(5)business days prior to the ceremony date a $250.00 for ceremony held in the Council Chambers • $250.00 all other locations (mileage outside the boundaries of Bayham only will be charged at a rate of$0.45 per kilometre) A$100.00 non-refundable deposit is included in the above fees • Rehearsal Fee$75.00 • Ceremonial Renewal of Vows $75.00 3. A request for a civil ceremony is to be received at least seven business days prior to the date of the ceremony. 4. An agreed-upon civil marriage ceremony, incorporating all mandatory declarations under the Marriage Act, R.S.O., 1990 will be used at all civil marriages. The ceremony will take approximately 15 minutes. Plan to arrive at least 30 minutes prior to the ceremony to allow time to review final details. 5. Changes to date and/or time are allowed at no additional charge provided that the location and an officiant are available. No refund will be issued if the ceremony is cancelled on the day of the ceremony, orthe.applicant(s) and witnesses do not show up for the ceremony. 6. Pre-ceremony meeting(approximately 30 minutes) • To be scheduled a minimum of five business days prior to the ceremony • Both parties must be in attendance and provide photo identification • Application for a Civil Marriage Ceremony form to be completed' • Marriage Licence to be presented(date issued to be within 3 months prior to the ceremony) • ifo discuss other municipal locations for the ceremony • To select specific vows(provide a written copy) and/or music • Fees to be paid in full (cash or money order) The Corporation of the Municipality of Bayham By-law No. 2010-017 Page 4 of 5 7. The applicants are responsible to provide an interpreter if they do not speak English and/or require language assistance. The interpreter cannot be one of the witnesses. The interpreter will be required to sign a form that he/she has interpreted the wedding ceremony. 8. Minimal decorations are permitted (e.g. flowers, balloons) within the municipal office for the ceremony. They may be placed 15 minutes prior to the ceremony and removed within 15 minutes of the conclusion of the ceremony: No smoking, candles, confetti, rice,paper or similar celebratory materials can be used within the municipal office or on a municipal property. Use of cell phones & other communication devices are not permitted during the ceremony. 9. The taking of photographs will be permitted before the ceremony begins,during the signing of the register and when the ceremony is completed. 10. Music will be permitted before and after the ceremony(applicants to provide equipment). When selecting the type of music consideration should be given to its a.propriateness and contribution to the dignity of the occasion. 11. The applicants are responsible for providing two witnesses (See Notes#1) 12. Due to Council Chambers room size, a maximum of 25 guests only can be accommodated. 13. The applicants, as the renters of the Council Chambers for the civil marriage ceremony, do hereby consent to defend and indemnify the Municipality of Bayham for any loss or damages incurred by their guests. The applicants agree that the Municipality of Bayham shall not be held responsible for personal injury or damage,nor for the theft or loss of any personal property of anyone attending on the invitation of the applicants. 14. The applicants shall be responsible for the conduct and supervision of all persons admitted to the Council Chambers and shall see that all regulations pertaining to the event are strictly followed. 15. The Municipal Council Chambers may only be used for civil marriage ceremonies conducted by duly authorized delegated individuals. 16. All exits must be kept free from obstruction in case of fire. 17. The Council Chambers will be available for a maximum of one and a half(1 'A) hours only. 18. A BOOKING IS NOT CONFIRMED UNTIL THE $100 NON- REFUNDABLE DEPOSIT HAS BEEN PAID TO THE MARRIAGE OFFICIANT. The Corporation of the Municipality of Bayham By-law No. 2010-017 Page 5 of 5 NOTES: 1. There is no minimum age requirement for a witness, however, it is suggested they should be at least sixteen years of age and able to understand and appreciate what is taking place and be able to give evidence of such at a later date, if required. 2. If personal vows are to be made, they are to be reviewed by the officiant prior to the ceremony. A written copy of the vows must be brought to the pre-ceremony meeting. 3. If the officiant believes that, based on what he or she knows or has reasonable grounds to believe, that either parties lack mental capacity to marry by reason of being under the influence of intoxication alcohol or drugs or any other reason, the ceremony will not proceed. 4. The Record of Solemnization of Marriage given at the ceremony is not a legal record. Approximately 12 weeks after the ceremony, you may apply to the Office of the Registrar General to obtain an official Certificate of Marriage, the appropriate form is included within the licence. 5. Wedding venues outside the boundaries of the Municipality of Bayham will be subject to an additional fee at a rate of $200 to cover overnight accommodations and travel expenses of the officiant at a rate of$0.45 per kilometre. I have read the above guidelines outlined in Schedules A and B of By-law 2010-017 and agree that Marion F. Rogers or Jack C. Wharram Jr.will conduct a civil marriage solemnization service on Date: Time: Location: Applicant# 1 Name: Signature Applicant#2 Name: Signature Witness# 1 Name: Signature Witness#2 Name: Signature Marriage Licence Number: Date Issued: Note:Marriage licences are valid for 3 months only. Deposit Received Fees paid: yes no Marriage Officiant Lynda A. Millard- Clerk Personal Information on this form is collected under the authority of the Municipal Act and regulation under the Marriage Act,285/O4, and will be used to perform a civil marriage ceremony.