Under Ontario’s Marriage Act, R.S.O. 1990, c. M.3, persons aged 18 or older may marry without parental consent.
Individuals aged 16 or 17 may marry only with the written consent of both parents or a legal guardian. In addition, s. 2.2 of the federal Civil Marriage Act prohibits marriage for anyone under 16 anywhere in Canada, even with parental consent.
For minors aged 16–17, Ontario requires a prescribed parental consent form. Where consent is unavailable or unreasonably withheld, an application may be brought before the Ontario Superior Court of Justice under s. 6 of the Marriage Act seeking authorization to marry without such consent. In cases involving sole custody, guardianship, or deceased parents, the lawful guardian or custodial parent may provide the required consent.
Ontario has not recently amended its marriage age laws. The principal reform occurred federally in 2015, when Parliament established 16 as the absolute minimum marriage age throughout Canada. Ontario’s current framework remains:
• 18+ — marriage without consent;
• 16–17 — parental or guardian consent required;
• under 16 — marriage prohibited.
Historically, English common law recognized lower marriageable ages (12 for females and 14 for males). These rules were gradually replaced through legislative reform, including Ontario’s reduction of the age of majority from 21 to 18 in 1972.
Ontario law does not distinguish between civil and religious marriages regarding age requirements. The same statutory rules apply regardless of whether the marriage is solemnized by a civil officiant or religious official.
Relevant legislation:
• Marriage Act, R.S.O. 1990, c. M.3
• Civil Marriage Act, S.C. 2005, c. 33
• Family Law Act, R.S.O. 1990, c. F.3
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Readers should obtain independent legal advice regarding their specific circumstances.
Adel Zarei
Dual-Qualified Legal Professional
Licensed Paralegal (Law Society of Ontario)
Senior First-Class Attorney at Law (Iranian Bar Association)
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