The Government of Canada has exclusive authority governing marriage and divorce in Canada under section 91(26) of the Constitution of Canada

Constitution of Canada

The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...

. However section 92(12) of the Constitution gives the provinces the power to pass laws regulating the solemnization of marriage.

In 2001 there were 146,618 marriages in Canada, down 6.8% from 157,395 in 2000. Prince Edward Island

Prince Edward Island

Prince Edward Island is a Canadian province consisting of an island of the same name, as well as other islands. The maritime province is the smallest in the nation in both land area and population...

 had the highest crude marriage rate (6.5 per 1,000 people) and Quebec

Quebec

Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

 had the lowest (3.0).

Marriages in Canada can be either civil

Civil marriage

Civil marriage is marriage performed by a government official and not a religious organization.-History:Every country maintaining a population registry of its residents keeps track of marital status, and most countries believe that it is their responsibility to register married couples. Most...

 or religious. Marriages may be performed by members of the clergy, marriage commissioners, judges, justices of the peace or clerks of the court. In 2001, the majority of Canadian marriages (76.4%) were religious, with the remainder (23.6%) being performed by non-clergy.

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
  Alberta
  Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
  
  , anyone 18 or over can get married. A person between the ages of 16 and 18 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
  British Columbia
  British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...
  
  , 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
  Ontario
  Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....
  
  , 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 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 people under 18 may marry with consent from their parents or their tutor. Marriage is governed by the Civil Code of Québec.
• In New Brunswick
  New Brunswick
  New Brunswick is one of Canada's three Maritime provinces and is the only province in the federation that is constitutionally bilingual . The provincial capital is Fredericton and Saint John is the most populous city. Greater Moncton is the largest Census Metropolitan Area...
  
  , anyone 18 or over can get married. A never-married person aged 16 or 17 may marry with parental consent.

Same-sex marriage

Same-sex marriage

Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....

 has been legal in Canada since 2005. Age restrictions are the same as for marriage between a heterosexual couple.

Divorce

Termination of marriage in Canada is covered by the federal Divorce Act

Divorce Act

Canada's Divorce Act is the federal Act that governs divorce in that country. The Constitution of Canada has explicitly made marriage and divorce the realm of the federal government rather than of the provinces....

(RSC 1985 c. 3 (2nd Supp.)).

A divorce

Divorce

Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...

may be granted for one of the following reasons:

• the marriage has irretrievably broken down, and the two parties have been living apart for a year (s.8(2)(a) of the Act)
• one party has committed adultery (s.8(2)(b)(i) of the Act)
• one party has treated the other party "with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses" (s.8(2)(b)(ii) of the Act)