The Custodian Canada

Canada Student Custodianship

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Canada

Description

Canada Student Custodianship: A Complete Guide for International Students and Their Families

Canada welcomes thousands of international students each year to its world-class primary and secondary schools, colleges, and universities. For minors (usually under 18 or 19, depending on the province), one key requirement is custodianship—a legal arrangement ensuring that a responsible adult in Canada will care for and make decisions on behalf of the student.

This guide will walk you through everything you need to know about student custodianship in Canada, including:


What Is Custodianship in Canada?

Custodianship is a legal requirement for international students under the age of majority in Canada. A custodian is a responsible adult (usually a Canadian citizen or permanent resident) who has been designated by the student’s parents to act in place of a parent while the student is in Canada.


Age of Majority by Province and Territory

The age of majority (the legal age when a person is considered an adult) differs across provinces:

Province/Territory Age of Majority
Alberta 18
British Columbia 19
Manitoba 18
New Brunswick 19
Newfoundland & Labrador 19
Nova Scotia 19
Ontario 18
Prince Edward Island 18
Quebec 18
Saskatchewan 18
Northwest Territories 19
Nunavut 19
Yukon 19

If the student is under the age of majority, they must have a custodian.


Who Can Be a Custodian?

A custodian must:

  • Be a Canadian citizen or permanent resident

  • Be over 19 years old

  • Live in Canada (ideally in the same city or region as the student)

  • Be capable of providing care and support

  • Be available in case of emergencies


Custodianship Declaration (IMM 5646)

To formalize the arrangement, the Custodianship Declaration Form (IMM 5646) must be submitted with the student’s study permit application. This form has two parts:

  1. Part One: Signed by the parents or legal guardians in the home country and notarized

Both parts must be included and legally certified.


Responsibilities of a Custodian

The custodian acts in place of the parent when the student is in Canada. Their responsibilities include:

  • Attending parent-teacher meetings

  • Authorizing medical treatment

  • Providing emotional support

  • Making decisions in emergencies

  • Ensuring the student’s welfare and housing conditions are safe

Note: The custodian is not financially responsible unless explicitly agreed upon.


Finding a Custodian in Canada

There are several options:

  1. Family or friends: If the student has relatives or family friends in Canada, they may serve as custodians.

  2. Professional custodianship services: Many organizations and homestay providers offer custodianship services for a fee.


Homestay vs. Custodianship

  • Homestay: Refers to living with a Canadian family. Homestay parents may or may not serve as custodians.

  • Custodianship: Legal responsibility over the student; this can overlap with homestay but is a separate role.


Costs of Custodianship

Custodianship fees vary but typically range from CAD 500 to CAD 2,000 per year, depending on the responsibilities and the service provider.


Can a Custodian Be Changed?

Yes. If a student wishes to change their custodian, a new IMM 5646 form must be completed and submitted to IRCC (Immigration, Refugees and Citizenship Canada). The school and any relevant authorities should also be informed.


Common Mistakes to Avoid

  • Missing notarization: Both parts of the IMM 5646 must be notarized.

  • Incorrect or incomplete forms: Can delay study permit processing.

  • Choosing a custodian too far away: It’s best if the custodian is local.


Summary Checklist for Parents

✅ Identify a reliable custodian in Canada
✅ Complete the IMM 5646 Custodianship Declaration Form
✅ Notarize both parts (one in your home country, one in Canada)
✅ Include the form with your child’s study permit application
✅ Maintain regular contact with the custodian and school


Final Thoughts

Custodianship ensures the safety and well-being of minor international students in Canada. Whether you appoint a trusted friend, family member, or a professional service, make sure the custodian is caring, responsible, and legally compliant.

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