Custodianship for Students in Manitoba
Custodianship for Students in Manitoba
Introduction
Custodianship is a legal arrangement in Canada that ensures the protection and welfare of minor international students—those under 18 or 19 years of age depending on the province—while they are studying away from their parents or legal guardians. In Manitoba, where the age of majority is 18, custodianship is a mandatory requirement for all international students below this age. This system is vital to providing a safe, supportive, and structured environment for young learners adjusting to life in a foreign country. This report outlines the custodianship requirements in Manitoba, explains the roles and responsibilities of custodians, legal procedures involved, and best practices for parents, schools, and host families.
Overview of Custodianship for Students in Manitoba
What Is Custodianship for Students in Manitoba?
Custodianship is the appointment of a responsible adult (Canadian citizen or permanent resident) residing in the same region as the student to act in place of the parent. A custodian assumes responsibility for the student’s welfare, including matters related to health, safety, education, and legal issues. This is especially important in emergency situations where parents cannot act promptly due to geographical distance.
Who Needs a Custodian?
In Manitoba, any international student under the age of 18 must have a custodian to be eligible to study in elementary or secondary school. The student visa application will not be approved without providing official documentation proving a custodianship arrangement.
Legal Requirements in Manitoba
Immigration, Refugees and Citizenship Canada (IRCC) Requirements
IRCC mandates that all minor students must provide a Custodianship Declaration Form (IMM 5646) signed by both the parents and the appointed custodian. This form must be notarized in both the home country and Canada, confirming legal consent and responsibility.
Manitoba Provincial Legislation: Custodianship for Students in Manitoba
While custodianship falls under federal jurisdiction regarding immigration, Manitoba also upholds provincial child welfare and education policies to ensure that all minors are under proper adult supervision. Educational institutions in Manitoba, such as public and private school boards, require custodianship documentation before admitting a student under 18.
Roles and Responsibilities of a Custodian: Custodianship for Students in Manitoba
Custodians are entrusted with several critical duties that help facilitate the student's academic and personal success:
1. Emergency Contact and Crisis Management
The custodian must be available 24/7 in case of emergencies such as illness, accidents, legal issues, or school disciplinary actions. They may need to accompany the student to the hospital, make decisions on behalf of the parents, or represent the student in disciplinary hearings.
2. Communication with the School
Custodians must attend parent-teacher meetings, sign academic reports, and ensure that the student is complying with school regulations. They act as liaisons between the school and the parents.
3. Support for Day-to-Day Life
While host families may handle most daily logistics, custodians oversee the broader aspects of the student's well-being. This includes ensuring the student is settled, receives appropriate healthcare, and abides by Canadian laws.
4. Legal Responsibility: Custodianship for Students in Manitoba
Custodians must act in accordance with Manitoba's Child and Family Services Act and ensure that the student’s legal rights are protected. If any legal issues arise, the custodian may be asked to act on the student’s behalf.
Types of Custodians
1. Relative or Family Friend
Many families appoint a trusted family member or friend already living in Manitoba. This person is usually familiar with the student and willing to take on the custodial role without compensation.
2. Professional Custodianship Services
Several companies in Manitoba specialize in custodianship services for a fee. These services are ideal when families do not have personal contacts in Canada. These custodians are often certified, experienced, and maintain good relationships with schools.
3. School-Provided Custodianship for Students in Manitoba
Some school divisions in Manitoba offer custodianship services as part of their international student program. This provides a seamless experience for the student and minimizes the administrative burden on parents.
How to Appoint Custodianship for Students in Manitoba
Step-by-Step Process:
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Select a Custodian:
Choose a responsible adult in Manitoba who is a Canadian citizen or permanent resident and agrees to the role. -
Complete IMM 5646:
Fill out the Custodianship Declaration Form: Custodianship for Students in Manitoba-
Page 1: Completed and notarized by the custodian in Canada.
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Page 2: Completed and notarized by the student’s parents/legal guardians in their home country.
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Submit with Study Permit Application:
Include the notarized documents when applying for the study permit through IRCC. -
Provide School-Specific Forms: Custodianship for Students in Manitoba
Schools in Manitoba may have additional documentation for custodian consent or emergency contact information. -
Regular Updates:
If the custodian changes, the family must submit a new IMM 5646 and inform the IRCC and the school immediately.
Choosing the Right Custodian: Best Practices
Qualifications to Look For:
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Canadian citizen or permanent resident
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Over the age of 25 (preferred by most schools)
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Fluent in English or French
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Good moral character and no criminal record
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Willing and available to support the student
Questions Parents Should Ask: Custodianship for Students in Manitoba
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How close do you live to the school or host family?
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What is your availability in emergencies?
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Do you have prior custodianship experience?
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Can you provide a background check?
Custodianship in Relation to Homestay Programs
In many cases, the custodian and the host parent are the same person. However, these roles are distinct:
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A host parent provides room, board, and supervision in the household.
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A custodian has legal responsibility for the student.
Parents should ensure clear written agreements between the homestay provider and the custodian when the roles are separate. In Manitoba, homestay organizations often work in tandem with custodian services to provide a holistic support system.
Institutional Policies on Custodianship in Manitoba
1. Manitoba Institute of Trades and Technology (MITT)
Although MITT generally enrolls post-secondary students, those under 18 must have a legal custodian. They offer guidelines and referrals for professional custodian services.
2. Louis Riel School Division
This school division mandates that all minor students have a custodian who resides within reasonable travel distance of the school. The division offers optional custodianship through its International Student Program.
3. Winnipeg School Division
One of the largest public school divisions in Manitoba, it requires notarized custodianship documents before accepting international minor students. Their international program includes partnerships with trusted custodian services.
Legal and Ethical Considerations
Child Protection Laws
Custodians must abide by Manitoba’s Child and Family Services Act, which mandates the reporting of any suspected abuse or neglect. Custodians can be held accountable if they fail to protect the student’s welfare.
Privacy and Consent
Custodians should only access personal student information when necessary and must keep all records confidential. Written consent from parents is required for decisions involving travel, surgery, or other major actions.
Costs of Custodianship
Average Fees for Professional Custodianship
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One-time setup fee: CAD $200 – $500
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Annual custodian fee: CAD $1,000 – $2,000
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Additional services (airport pickup, 24/7 emergency line): CAD $300 – $700
These costs vary by service provider and are typically paid by the student’s family.
Challenges and Recommendations
Challenges
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Lack of Understanding: Parents may not fully grasp the importance or legal implications of custodianship.
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Distance: Remote or unresponsive custodians cannot effectively fulfill their responsibilities.
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Miscommunication: Cultural and language barriers can cause misunderstandings between custodian, student, and school.
Recommendations
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Use Reputable Services: Always select custodians with verified references and clear policies.
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Regular Check-Ins: Custodians should maintain regular contact with the student and the school.
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Clear Agreements: Define duties, expectations, and boundaries in writing before the student arrives.
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Cultural Training: Provide students and custodians with cross-cultural communication guidance.
Conclusion
Custodianship plays a pivotal role in the success and well-being of international students in Manitoba. It bridges the gap between home and school life by offering young students the security of adult supervision, legal advocacy, and emotional support. Whether arranged through family contacts, professional services, or school partnerships, the custodian must be reliable, responsible, and deeply invested in the student’s welfare. Manitoba’s clear legal requirements and supportive educational infrastructure make it a safe and welcoming destination for international students—as long as custodianship is handled with the seriousness and care it demands.
In case, if yo need help with Custodianship for Students in Manitoba or other provinces of Canada, please contact The Custodian.
