Notary Services for Custodianship in Montreal

Notary Services for Custodianship in Montreal

Montreal, Quebec is a thriving hub for international education, hosting tens of thousands of students from around the globe. One of the most essential steps in the custodianship process is notarizing the Custodianship Declaration Form (IMM 5646). Notary services in Montreal help ensure this process is carried out legally and correctly.

This comprehensive guide will explore everything you need to know about notary services for custodianship in Montreal, including the legal framework, required documentation, costs, where to find a notary, and how to avoid common mistakes.

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What is Custodianship? Notary Services for Custodianship in Montreal

In Canada, a custodian is a responsible adult (Canadian citizen or permanent resident) who is appointed by a minor student’s parents to act on their behalf while the student is studying in Canada without parental supervision. Custodianship is mandatory for all international students under the age of 18 in Quebec.

This requirement ensures that a responsible adult is available in the same city to make emergency decisions and offer support, both emotionally and logistically, for the student’s well-being.

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The Role of Notary Services in Custodianship

In order for the Canadian government to recognize a custodianship agreement, both the parent(s) and the custodian must complete and sign the Custodianship Declaration Form (IMM 5646). Each section must be notarized by a licensed notary public to confirm that the documents are valid and legally binding.

Why Notarization is Required: Notary Services for Custodianship in Montreal

• Verifies the identity of the signatories.

• Legally binds both parties to the custodianship agreement.

• Ensures the declaration meets Immigration, Refugees and Citizenship Canada (IRCC) standards.

• Prevents fraudulent or unauthorized custody claims.

Failure to provide a notarized form may result in the rejection of the student’s study permit application.

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Breakdown of the IMM 5646 Form: Notary Services for Custodianship in Montreal

The IMM 5646 is a two-part declaration:

1. Part One: Declaration by the Parent(s) or Legal Guardian(s)
   Completed in the student’s home country. It states that the parents are assigning a custodian in Canada for their child.

2. Part Two: Declaration by the Custodian
   Completed in Canada. This section confirms that the custodian accepts responsibility for the minor student.

Both parts must be signed in front of a notary public and sealed with an official stamp.

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Notary Public Services in Montreal: Overview

Who Can Notarize Documents in Quebec?

Unlike other provinces, Quebec has civil law and a unique notarial system. In Quebec, notaries are lawyers who undergo specialized training and are regulated by the Chambre des notaires du Québec.

What Services They Provide: Notary Services for Custodianship in Montreal

• Notarization of the IMM 5646 form

• Certification of documents (e.g., passport copies, proof of address)

• Drafting legal documents in French and English

• Administering oaths or affirmations

• Witnessing signatures

Quebec notaries operate under a stricter legal framework, offering more robust protections for legal declarations, especially those involving minors.

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Step-by-Step Guide to Notarizing Custodianship Forms in Montreal

Step 1: Prepare the IMM 5646 Form

• Fill out both parts of the IMM 5646 form.

• Do not sign the forms before meeting with a notary.

• Print clearly or type the information.

• Ensure all personal details (names, addresses, student info) are accurate.

Step 2: Schedule an Appointment: Notary Services for Custodianship in Montreal

• Find a notary near your location in Montreal.

• Make an appointment in advance, especially between May–August (peak season).

• Request services in your preferred language (many notaries offer services in French, English, Arabic, Mandarin, Spanish, etc.).

Step 3: Gather Required Documents

For the parent declaration (abroad):

• IMM 5646 Part One

• Government-issued photo ID (passport)

• Proof of guardianship/relationship to the child (birth certificate)

For the custodian (in Montreal): Notary Services for Custodianship in Montreal

• IMM 5646 Part Two

• Government-issued photo ID (passport, PR card)

• Proof of residence in Montreal (utility bill, lease agreement)

Step 4: Attend the Notary Appointment

• Bring the unsigned form and ID.

• Sign in front of the notary.

• The notary will verify identity, witness the signature, and apply their official seal.

Step 5: Submit with Study Permit Application: Notary Services for Custodianship in Montreal

• Send a scanned copy of the notarized forms along with your student’s study permit application.

• Keep originals safely in case IRCC requests verification.

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Where to Find Notary Services in Montreal

Montreal offers a range of notarial services across the city. Here are some options:

1. Independent Notaries: Notary Services for Custodianship in Montreal

Notaries can be found in private practices across Montreal. Many offer same-day or next-day appointments.

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Notary Fees in Montreal for Custodianship

Notarial fees vary based on complexity, urgency, and location.

Average Costs:

• IMM 5646 notarization (1 signature): $50 – $90

• Mobile services: $120 – $150

• Certified true copies: $15 – $30 per document

• Bulk/Package deals: Often available through homestay agencies or immigration consultants

Always confirm the pricing when you book your appointment.

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Language and Legal Requirements in Quebec

Since Quebec is a French-speaking province, some legal documents and procedures are conducted in French. However, most notaries in Montreal offer bilingual services. It is advisable to choose a notary who can work in both English and French, especially if the document is being submitted to an English-language school or an English-speaking IRCC officer.

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Homestay and Custodianship: What You Should Know

In many cases, homestay hosts in Montreal also act as custodians for international students. In such cases:

• The homestay provider is required to fill out and notarize Part Two of the IMM 5646 form.

• Many homestay agencies in Montreal coordinate with notaries to streamline the process.

• Some agencies even offer a “custodianship + notarization” package for parents overseas.

Reputable homestay organizations like Canada Homestay Network and YES Canada often assist with custodianship declarations and can refer families to licensed notaries.

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When to Begin the Notarization Process

You should begin the notarization and custodianship process at least 2 to 3 months before the intended study start date. This allows ample time for:

• Completing paperwork

• Booking notarization appointments

• International shipping (if needed)

• Submitting with study permit application

Peak periods (especially from May to August) may involve longer wait times, so early action is advised.

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Common Mistakes to Avoid: Notary Services for Custodianship in Montreal

1. Signing before meeting the notary: Forms must be signed in the presence of the notary.

2. Incorrect names or addresses: Must match official documents.

3. Using a non-licensed individual for notarization: Ensure the notary is recognized by the Chambre des notaires du Québec.

4. Submitting old or expired documents.

5. Missing translations: If your original documents are not in English or French, certified translations may be required.

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Can You Notarize Documents Online in Quebec?

As of recent changes in Quebec law, online notarization may be allowed in some cases through secure digital platforms. Notaries must use approved digital signature technology, and both parties must appear via video conference.

Always check with your IRCC case and the receiving school if they accept digitally notarized documents before proceeding with this option.

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FAQs About Notary Services for Custodianship in Montreal

Q: Can a friend or family member act as a custodian?
A: Yes, as long as they are a Canadian citizen or permanent resident, over 18, and reside in Montreal.

Q: Is notarization required every year?
A: No. Notarization is required when the custodianship is first established or if the custodian changes.

Q: What if the parents are divorced?
A: Both legal guardians may be required to sign the form. Bring custody documents to the notary.

Q: Can a school staff member be a custodian?
A: Rarely. Schools may discourage it for liability reasons.

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Conclusion

Notary services in Montreal are a critical part of the custodianship process for international minor students. Proper notarization ensures that custodianship declarations are legally valid, immigration-compliant, and recognized by both IRCC and schools. Whether you're a parent abroad, a local custodian, or an agency representative, working with a licensed Quebec notary can save time, reduce stress, and prevent legal issues.

Start the process early, choose a reputable notary, and double-check your documentation. This small but important legal step can make a world of difference in your child's educational journey in Montreal.

 

 

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