Older Uniform Acts

Domicile Act

Domicile Act

(1962 Consolidation, page 95)


1. In this Act, "mentally incompetent person" means...............

Common law replaced

2. This Act replaces the rules of the common law for determining the domicile of a person.


3. (1) Every person has a domicile.


(2) No person has more than one domicile at the same time.


(3) The domicile of a person shall be determined under the law of the Province.


(4) The domicile of a person continues until he acquires another domicile.

Place of domicile and presumptions

4. (1) Subject so section 5, a person acquires and has a domicile in the state and in the subdivision thereof in which he has his principal home and in which he intends to reside indefinitely.


(2) Unless a contrary intention appears,

(a) a person shall be presumed to intend to reside indefinitely in the state and subdivision where his principal home is situate, and

(b) a person shall be presumed to have his principal home in the state and subdivision where the principal home of his spouse and children (if any) is situate.

Where subs. (2) does not apply

(c) Subsection (2) does not apply to a person entitled to diplomatic immunity or in the military, naval or air force of any country or in the service of an international organization.

Mentally incompetent persons

5. The person or authority in charge of a mentally incompetent person may change the domicile of the mentally incompetent person with the approval of a court of competent jurisdiction in the state and subdivision thereof in which the mentally incompetent person is resident.


6. This Act comes into force on a day to be fixed by the Lieutenant Governor by his proclamation.