Guardianship for Minor Students in Canada

Guardianship for Minor Students in Canada

Introduction

Canada is a popular destination for international students due to its world-class education system, multicultural environment, and welcoming communities. However, for minor students (those under the age of majority in their respective provinces), having a legal guardian is mandatory. This guide provides a comprehensive overview of the guardianship process for minor students across Canada, including legal requirements, roles and responsibilities of guardians, and how parents can appoint a guardian for their child.

Understanding Guardianship in Canada

What is Guardianship?

Guardianship is a legal arrangement where an adult (guardian) is granted the authority to make decisions on behalf of a minor student. This includes decisions related to education, healthcare, and daily activities.

Who Needs a Guardian?

In Canada, any international student under the age of majority in their province must have a designated guardian if they are not living with a parent or legal custodian. The age of majority varies by province: 18 or 19.

Legal Requirements for Guardianship in Canada

Age of Majority by Province

Understanding the age of majority in each province is crucial, as it determines who qualifies as a minor.

Who Can Be a Guardian?

They must be willing to take on the legal and ethical responsibilities associated with guardianship.

Legal Documents Required

• School Authorization Form: Required by most Canadian schools to confirm the guardian’s role.
• Letter of Authorization from Parents: This letter formally appoints the guardian and details their responsibilities.

How to Appoint a Guardian

Step 1: Selecting a Guardian

Parents must choose a trusted individual who meets the legal requirements in the specific province.

Step 2: Completing the Required Forms

• Complete the Custodianship Declaration Form (IMM 5646).
• Obtain a letter of authorization from the parents.
• Have all documents notarized by a certified lawyer or notary public in the province where the student will reside.

Step 3: Submitting Documents

Submit the completed documents to the student’s school and immigration authorities as required.

Responsibilities of Guardianship for Minor Students in Canada

Guardians are responsible for ensuring the minor student’s well-being, including:

• Providing a safe living environment.
• Making decisions regarding the student’s education and healthcare.
• Communicating with the student’s parents regularly.
• Assisting with emergency situations if needed.

Types of Guardianship

Temporary Guardianship

For students attending short-term programs or summer courses.

Long-Term Guardianship

For students enrolled in full-time academic programs, including high school.

How to Change a Guardian

Schools and Guardianship Policies

Many Canadian schools have their own policies regarding guardianship.

Provincial Differences

British Columbia

• Age of Majority: 19
• Specific school districts may have additional guardianship requirements.

Ontario

• Age of Majority: 18
• Schools may require additional notarized forms.

Quebec

• Age of Majority: 18
• Guardianship must be compliant with provincial civil law.

Conclusion

Guardianship is a vital aspect of ensuring the safety and well-being of minor international students in Canada. By understanding the legal requirements and responsibilities, parents can ensure their child has a successful and secure educational experience. If you are planning to appoint a guardian for your child, make sure to choose someone responsible and well-qualified.

 

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