In view of the fact that so many people leaving China eventually settle in Canada, and secure Canadian domicile by five years residence in the Dominion, the question of how that domicile can be retained, in the event of a person leaving Canada for any length of time proves interesting. The point, however, should be made that the Canadian Immigration Act upon which this note is based does not apply to those who are Canadian by birth, but only to those who have acquired domicile under the provisions of the Act. Any citizen of Canada who is a British subject by naturalization, or any British subject not born in Canada having Canadian domicile, having resided outside Canada for one year shall be presumed to have lost his Canadian domicile and shall cease to be a Canadian citizen for the purposes of the Act, and his usual place of residence shall be deemed to be his place of domicile during the said year. By a very useful provision what would seem to be a somewhat harsh enactment is adequately modified by the stipulation that domicile can be preserved by the production of a certificate of any British diplomatic or consular officer to the effect that such person appeared before him before the expiry of the period of one year and satisfied him of a reasonable intention to retarn his Canadian domicile, though this does not appear to be necessary in certain cases under a recent amendment to the Act which states:
"Provided that any person while absent from Canada as a representative or employee of a firm, business, company or organization religious or otherwise' established in Canada, and any person while absent from Canada in the service of His Majesty's Government in Canada, shall not by such absence be held to have lost Canadian domicile."
In connection with the certificate as to the intention to retain Canadian domicile it should e pointed out that this may be extended from year to year, but the total period for which extension may be granted shall not exceed five yea: s.
Text read from the printed page and cleaned; old type leaves the occasional error.