Custodianship for Students in Quebec

Custodianship for Students in Quebec: A Comprehensive Guide

Introduction

Quebec is a culturally rich and educationally diverse province that attracts thousands of international students each year. Among them are minors—students under 18—who come to pursue primary, secondary, and post-secondary education. Under Canadian federal immigration regulations and Quebec civil law, these minors require a custodian if they are not accompanied by a parent or legal guardian.

Custodianship ensures that a responsible adult is available in Canada to act in the best interests of the student in legal, medical, and academic matters. This report provides a comprehensive look at custodianship for international students in Quebec, detailing legal frameworks, procedures, roles, and best practices.

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1. Legal Context of Custodianship for Students in Quebec

1.1 Federal Immigration Requirements

Under Immigration, Refugees and Citizenship Canada (IRCC) regulations, all minor students studying in Canada without a parent or legal guardian must have a custodian. This is mandated regardless of the student’s nationality or the province of study.

The custodianship declaration must be documented using Form IMM 5646—a two-page notarized declaration submitted with the student’s study permit application. This form confirms that:

• The appointed custodian in Canada has agreed to act in place of the student’s parents.

• The student’s parents have authorized this arrangement.

1.2 Quebec Civil Code: Custodianship for Students in Quebec

In Quebec, the Civil Code governs the legal responsibilities of guardianship and custodianship. Minors are considered incapable of exercising full civil rights and require a legal representative (parent, guardian, or custodian) to act on their behalf in areas such as health care, education, and housing.

If a minor is in Quebec without a parent or legal guardian, a custodian becomes legally responsible for the student’s general well-being and emergency decision-making.

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2. Who Needs a Custodian in Quebec?

Custodianship is mandatory for:

• International students under the age of 18

• Students enrolled in elementary, high school, or college programs (e.g., CEGEPs)

• Students whose parents do not reside in Canada

Exceptions: Custodianship for Students in Quebec

• Students living with a parent or legal guardian in Quebec

• Students over 18 (or turning 18 during the first term, depending on institutional policy)

• Emancipated minors (rare and require proof)

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3. Eligibility to Be a Custodian

A custodian must meet the following criteria:

• Be a Canadian citizen or permanent resident

• Be at least 18 years of age

• Reside in Quebec or in close proximity to the student

• Be capable of assuming legal responsibility for a minor

Acceptable Custodians: Custodianship for Students in Quebec

• Extended family members (aunt, uncle, cousin)

• Trusted family friends

• Homestay providers (if approved)

• Professional custodianship agencies

In Quebec, schools and immigration authorities may request proof of the custodian’s legal status and residence.

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4. The Custodianship Declaration Form (IMM 5646)

This form is mandatory for study permit applications involving minors. It consists of two parts:

1. Part One: Signed and notarized by the custodian in Canada.

2. Part Two: Signed and notarized by the parents/legal guardians in the student’s home country.

Steps:

• Complete and notarize both parts.

• Submit as part of the student’s IRCC study permit application.

• Retain copies for school and personal records.

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5. Responsibilities of Custodianship for Students in Quebec

5.1 Legal Responsibilities

• Act on the student’s behalf in legal and civil matters

• Provide consent for medical treatment

• Report incidents to parents and relevant authorities

5.2 Health and Safety

• Ensure the student has access to medical insurance and services

• Provide emergency assistance 24/7

• Monitor the student’s living environment

5.3 Academic Oversight: Custodianship for Students in Quebec

• Enroll the student in school

• Attend parent-teacher meetings

• Monitor academic performance and behavior

5.4 Communication

• Liaise between the school, student, and parents

• Provide regular updates to the family

• Maintain emergency contact readiness

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6. Types of Custodianship Arrangements: Custodianship for Students in Quebec

6.1 Family-Based Custodianship

Ideal for students with relatives in Quebec, this option provides a personal connection and lower cost.

Advantages:

• Strong familial support

• Often more trustworthy and communicative

Challenges: Custodianship for Students in Quebec

• Not all relatives may meet IRCC or school criteria

6.2 Homestay-Based Custodianship

In some cases, a homestay host may also serve as the custodian if they are qualified.

Advantages:

• Supervision and care in one setting

• Good for younger students

Challenges:

• Homestay hosts may not want the legal responsibility

• May require a separate formal agreement

6.3 Professional Custodianship for Students in Quebec

Many families hire custodians through licensed agencies in Quebec.

Services Include:

• Document handling

• Emergency assistance

• Monthly reports to parents

• Coordination with schools and homestays

Cost: CAD 1,000 to 3,000 per academic year

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7. Choosing Custodianship for Students in Quebec

When selecting a custodian, families should consider:

• Proximity to the school and student’s residence

• Experience with custodianship and child care

• Ability to speak the family’s native language (optional but helpful)

• Reputation and reviews (especially for agencies)

Questions to Ask: Custodianship for Students in Quebec

• Is the custodian available 24/7?

• How often will they report to parents?

• Do they have experience working with the student’s school?

• Are they familiar with Quebec laws?

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8. School and Government Requirements

Schools in Quebec require: Custodianship for Students in Quebec

• Proof of custodianship before enrollment

• Copies of the IMM 5646

• Custodian’s contact information

• Consent forms for medical treatment

Governmental Requirements: Custodianship for Students in Quebec

• Study permit application must include IMM 5646

• Changes in custodian must be reported to IRCC immediately

• All documentation must be translated into English or French if in another language

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9. Changing Custodians: Custodianship for Students in Quebec

Sometimes, students or parents wish to change custodians mid-year. The process involves:

1. Finding a new qualified custodian

2. Completing a new IMM 5646 form

3. Notarizing both sections again

4. Notifying the school and IRCC

5. Submitting the updated form with a brief explanation

Failure to report such changes can result in loss of school admission or immigration status issues.

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10. Practical Considerations for Families: Custodianship for Students in Quebec

Before Arrival

• Research custodianship options 3–6 months before arrival

• Confirm all documentation is notarized

• Communicate expectations clearly with the custodian

After Arrival

• Schedule regular check-ins with the student and custodian

• Review academic reports and health status

• Monitor school attendance and living conditions

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11. Risks and Common Issues

While many custodianship arrangements go smoothly, there are some risks:

• Custodian neglect or absence: Some fail to fulfill their legal duties.

• Poor communication: Gaps in information sharing can harm the student’s well-being.

• Misunderstandings: Cultural or legal differences can lead to conflicts.

• Fraudulent custodianship: Unscrupulous individuals or companies may offer services without qualifications.

How to Avoid Issues: Custodianship for Students in Quebec

• Use licensed and recommended agencies

• Ask for references

• Sign a written agreement outlining duties, costs, and expectations

• Stay involved as a parent

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12. Custodianship and Housing

Custodianship is often tied to housing arrangements.

Options:

1. Living with Custodian: Ensures direct oversight.

2. Homestay: Provided by a third-party family. Custodian may or may not reside in the same house.

3. Student Residence/Boarding: Common in private schools or CEGEPs. Some offer custodianship services.

Important: The custodian and the homestay must coordinate closely for optimal care.

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13. Sample Custodianship Timeline

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14. Summary Table: Custodianship Requirements

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Conclusion

Custodianship for international students in Quebec is more than a legal requirement—it is a critical support system that ensures the safety, well-being, and academic success of young learners. Parents must take care to select a trustworthy and legally compliant custodian who understands Quebec’s unique educational and legal landscape. By working closely with schools, homestays, and custodianship providers, families can ensure a secure and enriching experience for their children in Quebec.

In case, if you need help with Custodianship for Students in Quebec or other provinces of Canada, please contact The Custodian Canada.