Start with age and destination
The age of majority is not the same everywhere in Canada. It is 18 years in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan. It is 19 years in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, the Northwest Territories, Nunavut and Yukon.
The age of majority and the federal custodianship threshold are two different reference points. According to IRCC’s page on minor children, a person under 17 must be accompanied by a parent or legal guardian, or have a custodian. From age 17, an officer may require a custodian until the age of majority applicable in the province or territory.
At age 17, it is best to have the situation confirmed: 2 IRCC guides also contain wording that includes 17-year-olds in the requirement, before stating that the decision may be discretionary from that age. Do not assume, therefore, that a declaration will be unnecessary. Check the institution’s requirements separately.
Who can be a custodian?
A custodian, called a gardien in IRCC’s French materials, is the adult responsible for the minor in Canada for the federal process. This role is distinct from that of the parent or legal guardian. Nor should you assume that the person providing accommodation and the person acting as custodian are the same: ask who accepts each responsibility.
Federal guides indicate that the custodian must reside in Canada, be a Canadian citizen or permanent resident, and be at least 19 years old. McGill’s page, for its part, gives a threshold of 18 years. If the person being considered is 18, confirm their eligibility with the authorities and the institution before naming them.
The school may impose additional conditions. Before choosing someone close to the family or a service provider, share the institution’s expectations with them and ask whether they explicitly accept the role.
IMM 5646: two pages, two places for signatures
The Custodianship Declaration IMM 5646 is the federal form described by IRCC for the care of a minor. The official page provides the form and instructions for opening it. The general process indicated by IRCC involves 2 pages:
| Page | Who signs? | Where must it be notarized? |
|---|---|---|
| First page | The custodian | In Canada |
| Second page | The parents or legal guardians | In the country of origin |
According to IRCC, both pages are included with the study permit application when the declaration is required. Coordinate signatures well in advance and compare names, dates and contact details with the other documents. Keep a legible copy of the complete set.
A specific procedure may require additional verification: McGill describes, for some students in residence, a file to upload instead of IMM 5646. This example is explained below; do not apply it to other institutions.
If a family situation or court order makes a signature impossible, have the documents appropriate to the case verified rather than deciding on your own to omit it. The declaration does not replace other study permit documents or documents required for travel: check each list according to the young person’s situation.
In Quebec: a separate provincial file
For Quebec’s temporary selection for studies of an unaccompanied child aged 16 or younger, the province requires care documents that are separate from the federal declaration. These include, in particular:
- A delegation of the rights and duties of custody, supervision and education, completed by each parent.
- A declaration of care and support, completed and signed by the person responsible in Quebec. Those with parental authority also sign section 9. If only one parent’s signature is provided, follow the section intended for the explanation and have the applicable supporting documents checked.
- Supporting documents concerning the person responsible and accommodation, depending on the situation.
The Quebec page provides, in particular, for the child to stay at the responsible adult’s home or in a school residence at the institution where that adult works. For accommodation in the home, it specifies a maximum of 2 minors, with a possible exception for siblings. It also requires proof of no criminal record for each adult in the home; the report must have been issued within the 3 months before the application. These requirements apply to the Quebec context described, not to all school residences or all provinces.
Pay attention to birthdays. For Quebec documents, the file for a student who has reached the age of majority applies, in particular, if the young person is 17 at the time of application, or is 16 and turns 17 at least 1 month before the program begins. The page also provides for the case of an emancipated young person. This documentary rule does not change Quebec’s age of majority, which is 18, and does not automatically remove federal requirements.
Schools: check local requirements
A custodian who meets federal guidelines does not necessarily meet the school’s requirements. Two examples from British Columbia show why you need to check with the institution you have chosen.
Surrey Schools requires a custodian to be at least 25 years old, a Canadian citizen or permanent resident, and a resident of Metro Vancouver. Their responsibilities include, in particular, monitoring the student’s schooling and communicating with parents. This minimum age is specific to Surrey: it is not a national rule.
The Vancouver School Board, for its part, states that it does not itself provide homestay placements or custodianship services. Accommodation providers may offer these services; check what is included in the arrangement being considered.
Before paying for a service or signing a contract, ask in writing:
- Who will be named as custodian, and do they accept this responsibility?
- What tasks are expected in relation to the young person, the school and the parents?
- What requirements does the institution impose on this person?
- What process should be followed if the custodian or address changes?
- What fees and cancellation terms apply?
Keep the school’s response separate from the response of the immigration authorities: they may not concern the same documents.
At university: two examples of different services
A student may start university before reaching the age of majority. The following examples concern custodianship, not specific programs.
At McGill University, a procedure is described for some students under 17 who do not have a custodian in Montreal. It is linked to university residence housing and care by the Associate Dean of Students. For this specific case, McGill describes a file to upload instead of IMM 5646. It includes, in particular, a request letter signed by both parents and copies of the identification and signature pages of their passports. This description is not exhaustive: consult McGill’s complete procedure for the other documents and their signatures, as well as for combining the file into a single PDF. Confirm with the university and IRCC which documents apply to your situation and intended start date, without assuming they will be accepted.
The University of British Columbia states that it cannot act as a custodian. It mentions the possibility of turning to someone close to the family in Canada or a private provider when such care is required.
These examples do not guarantee admission, a residence space or acceptance of a custodian. For each institution, ask separately about accommodation and the declared responsibility.
Before departure: one question for each contact
To avoid confusing the different processes, prepare a small table with the name of the contact, the documents requested and the date of the response:
- IRCC: Is a declaration required in the young person’s situation, and what other documents accompany the application?
- Quebec, if the plan is to study there: Which provincial documents correspond to the young person’s age and accommodation arrangement?
- Institution: Who can be a custodian, what responsibilities will they be given, and how should a change be reported?
- Family and young person: Who will be reachable, and does the young person know the contact details of the designated adults?
The federal immigration processes presented here concern international students in the situations covered; they should not be applied as-is to a young person who is a Canadian citizen or permanent resident.