Custodianship for Students in Nova Scotia

Custodianship for Students in Nova Scotia

Custodianship for Students in Nova Scotia
Custodianship for Students in Nova Scotia

Custodianship for Students in Nova Scotia

Nova Scotia, a beautiful province on Canada’s east coast, is not only known for its stunning coastlines, maritime culture, and friendly communities—it’s also home to some of the country’s top educational institutions. Many international students choose to study in Nova Scotia due to its high-quality public education, welcoming environment, and lower cost of living compared to larger Canadian provinces.

However, for minor international students (under the age of 18 in most cases), there is an important legal requirement: custodianship. This guide provides an in-depth explanation of custodianship for students in Nova Scotia, including definitions, legal obligations, how to appoint a custodian, and tips for families and custodians alike.


What is Custodianship for Students in Nova Scotia?

Custodianship is a legal arrangement in which a responsible adult, residing in Canada, is appointed to take care of and act in the best interests of a minor student while they are studying away from their parents. In Nova Scotia—and across Canada—this is a mandatory requirement for international students who are considered minors.

The custodian acts as a guardian in the absence of a parent and is responsible for ensuring the minor student is safe, well cared for, and supported in their education and daily life.


Why Custodianship is Required

Canada’s federal and provincial laws aim to protect minor children from potential neglect, abuse, or exploitation while studying abroad. International students under 18 are considered minors in Nova Scotia and cannot live independently or make legal decisions. As such, the government mandates that a custodian must be appointed before a study permit can be approved.

The custodian becomes the point of contact for schools, immigration authorities, and healthcare providers. They are responsible for:

  • Providing or arranging accommodation.

  • Attending parent-teacher conferences.

  • Making decisions in emergencies.

  • Ensuring the student’s emotional and physical well-being.


Age of Majority and Nova Scotia’s Regulations

In Nova Scotia, the age of majority is 19 years old. This means custodianship is required for all international students under the age of 19. Even if a student is 18 years old but not yet 19, they will still need a custodian if they are applying to study in a Nova Scotia school or institution.

Some schools may accept students aged 18 without custodianship, depending on their maturity and independence, but immigration rules may still require one. It’s always best to check with both Immigration, Refugees and Citizenship Canada (IRCC) and the specific school or school board in Nova Scotia.


Who Can Be a Custodian?

A custodian must:

  • Be a Canadian citizen or permanent resident.

  • Be at least 19 years of age or older.

  • Reside in or near the community where the student will live and study.

  • Be able and willing to take legal and moral responsibility for the student’s well-being.

The custodian does not have to be a relative. In fact, many families in Nova Scotia offer homestay and custodianship packages to international students. Educational consultants and guardianship companies also offer professional custodianship services for a fee.


The Custodianship Declaration (IMM 5646): Custodianship for Students in Nova Scotia

The official form required for custodianship in Canada is the Custodianship Declaration Form (IMM 5646). It has two parts:

  1. Part 1 – To be completed by the custodian in Canada: This part must be notarized by a Commissioner of Oaths, Notary Public, or lawyer in Canada.

  2. Part 2 – To be completed by the parent(s) or legal guardian(s) of the student: This must be notarized in the home country where the student resides.

Both parts are then submitted as part of the study permit application.


Finding a Custodian in Nova Scotia

There are several ways to find a custodian in Nova Scotia:

1. Through School Boards

Public and private schools may offer assistance with custodianship. Some have designated staff or partnerships with homestay providers who also act as custodians.

2. Homestay Families

Many homestay families offer custodianship along with accommodation and meals. These families are often vetted and approved by school boards or homestay agencies.

3. Guardianship Agencies

Several professional guardianship service providers operate across Canada, including Nova Scotia. They often offer comprehensive packages including:

  • 24/7 emergency contact

  • Regular communication with parents

  • Airport pick-up

  • School reporting

Custodianship for Students in Nova Scotia
Custodianship for Students in Nova Scotia

4. Family or Friends in Canada: Custodianship for Students in Nova Scotia

If the student has trusted family members or friends in Nova Scotia, they can serve as the custodian as long as they meet the legal requirements.


Responsibilities of a Custodian

The role of a custodian is significant and involves ongoing duties throughout the student’s stay in Canada. These include:

  • Accommodation Arrangements: Ensuring the student has a safe and appropriate place to live.

  • Health and Medical Care: Taking responsibility in case of illness or injury and ensuring the student has health insurance.

  • Legal Representation: Representing the student in legal matters, if necessary.

  • Academic Oversight: Communicating with the school, attending meetings, and helping the student with academic decisions.

  • Emotional Support: Acting as a trusted adult for emotional guidance and mentorship.


Choosing the Right Custodian

Parents should be very cautious and thorough when selecting a custodian. Some tips include:

  • Check reviews and references.

  • Ensure the custodian lives close to the school.

  • Ask about 24/7 availability in case of emergencies.

  • Confirm if the custodian also provides homestay services.

  • Make sure the custodian is familiar with immigration and school policies.


Costs Associated with Custodianship

The cost of custodianship in Nova Scotia varies based on the provider and the services offered. Generally:

  • Basic Custodianship Fee: CAD $1,000 to $2,000 per year

  • Full Guardianship Packages: CAD $3,000 to $6,000+ per year (includes visits, reports, emergency support, school communication)

  • Homestay with Custodianship: CAD $1,200 to $1,800/month (includes accommodation, meals, and custodianship)

These fees are paid by the student’s family and are usually due in advance of the school year.


Custodianship in Public vs. Private Schools: Custodianship for Students in Nova Scotia

Public Schools in Nova Scotia (e.g., Halifax Regional Centre for Education) often have strict custodianship policies and may require the custodian to live within a certain distance from the school.

Private Schools may offer more flexibility and may have on-campus accommodations with designated staff who act as custodians.

Some colleges or universities may waive custodianship requirements for students 18 years and older, depending on institutional policies.


The Role of Immigration Authorities

The IRCC evaluates custodianship arrangements when reviewing study permit applications. If the documentation is incomplete or the custodian is deemed unreliable or unsuitable, the study permit may be delayed or denied. It is essential that both the Custodianship Declaration and supporting documents (such as proof of accommodation) are included and properly notarized.


Ending or Changing a Custodianship

If a student wishes to change their custodian—for example, due to a move or dissatisfaction—they must notify:

  • IRCC (if a new study permit or visa is needed),

  • Their school administration,

  • Their parents or legal guardians.

A new notarized IMM 5646 form must be submitted.


Tips for International Students and Parents: Custodianship for Students in Nova Scotia

  • Plan Early: Begin your custodianship process as soon as you decide to study in Nova Scotia.

  • Communicate Clearly: Maintain open lines of communication between the student, custodian, and parents.

  • Understand Expectations: Clearly define the custodian’s role and responsibilities in a written agreement.

  • Emergency Protocols: Ensure the student knows how to reach the custodian in emergencies.

  • Monitor Performance: Regularly check in on the student’s well-being and the custodian’s support.


Final Thoughts

Custodianship is not just a formality—it’s a vital safeguard for young international students studying in Nova Scotia. It ensures students have someone they can trust, rely on, and turn to during their time away from home. Whether parents choose a homestay family, a guardianship agency, or a family friend, the custodian plays a key role in the student’s safety, success, and happiness.

By understanding the legal requirements, choosing a reliable custodian, and following the proper procedures, families can ensure a smooth and secure educational experience for their children in Nova Scotia.

 

 

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