Custodianship for students in Quebec

Custodianship for Students in Quebec: A Detailed Guide

Introduction

Quebec is one of Canada's most popular provinces for international students due to its rich culture, diverse educational institutions, and bilingual environment. Each year, thousands of international students under the age of 18 come to Quebec for primary, secondary, and post-secondary education. For these minor students, Canadian immigration law and provincial regulations require the appointment of a custodian to ensure their welfare, legal protection, and smooth academic experience.

This report explores custodianship in Quebec in depth, covering its legal basis, requirements, procedures, types of custodians, and practical guidance for families.

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1. What Is Custodianship for students in Quebec?

Custodianship is a formal arrangement where a responsible adult in Canada is legally authorized to act on behalf of a minor student. Since minors (under 18 in Quebec) cannot make legal or health-related decisions on their own, they must have a custodian appointed if their parents are not residing with them.

A custodian: Custodianship for students in Quebec

• Acts in loco parentis (“in place of a parent”)

• Makes emergency and routine decisions

• Serves as a communication link between the school, health providers, and the student’s family

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2. Legal Framework in Quebec:

Custodianship in Quebec is governed by a combination of:

• Federal immigration regulations

• Quebec’s Civil Code

• Child protection laws

Federal Requirements (IRCC):

Immigration, Refugees and Citizenship Canada (IRCC) requires all unaccompanied minor international students to submit a Custodianship Declaration Form (IMM 5646) as part of the study permit application. This applies nationwide, including Quebec.

Quebec Civil Code

Quebec law recognizes the concept of a legal guardian and imposes duties on anyone entrusted with the care of a child:

• Responsibility for the child’s safety, health, and education

• Acting in the best interests of the child

• Ensuring the child’s integration and supervision

Failing to appoint a custodian when required can lead to immigration refusals or complications enrolling in school.

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3. Who Needs a Custodian in Quebec?

Custodianship is required for: Custodianship for students in Quebec

• All students under 18 years of age coming to Quebec to study without a parent or legal guardian

• Students attending primary, secondary, or post-secondary institutions

Exceptions: Custodianship for students in Quebec

• Students living with a parent or legal guardian in Canada

• Emancipated minors (rare and must be proven legally)

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4. Eligibility Criteria for Custodians

To become a custodian, an individual must:

• Be a Canadian citizen or permanent resident

• Be at least 18 years old

• Reside in Quebec or nearby region

• Be capable of caring for and making decisions for the student

• Sign the IMM 5646 custodianship declaration and have it notarized

Acceptable Custodians: Custodianship for students in Quebec

• Relatives (aunts, uncles, older siblings)

• Close family friends

• Homestay providers

• Professional custodianship services

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5. The IMM 5646 Custodianship Form

This two-page form must be:

• Signed by the custodian and notarized in Canada (page 1)

• Signed by the student’s parents and notarized in their home country (page 2)

• Submitted with the study permit application to IRCC

The document formally recognizes the custodian’s role and the parents’ consent. Any change in custodian must be updated immediately.

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6. Responsibilities of Custodianship for students in Quebec

Custodians in Quebec take on legal, emotional, and practical responsibilities, including:

Legal Duties:

• Provide consent for medical treatment

• Represent the student in legal matters or emergencies

• Maintain valid documentation (visa, insurance, school registration)

Educational Supervision:

• Register the student in school

• Attend parent-teacher meetings

• Monitor academic progress and behavior

Health and Safety: Custodianship for students in Quebec

• Ensure access to health insurance and care

• Respond to emergencies 24/7

• Support emotional well-being

Communication: Custodianship for students in Quebec

• Liaise between the school, student, and parents

• Send regular updates to the student’s family

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7. Types of Custodianship for students in Quebec

1. Family-Based Custodianship for students in Quebec

If the student has relatives living in Quebec, this is the most trusted and economical option.

Advantages:

• Familiar support

• Lower cost

• Better communication with parents

2. Homestay-Based Custodianship

Some schools or agencies allow homestay hosts to act as custodians.

Advantages:

• Integrated living and care environment

• Constant supervision

• Local availability

Disadvantages: Custodianship for students in Quebec

• May not be legally trained

• Not always willing to act as custodians

3. Professional Custodianship Services

Parents can hire a licensed or experienced custodian through an agency.

Advantages: Custodianship for students in Quebec

• Experience with legal and school systems

• Reliable communication and reporting

• Access to multilingual support

Costs:

• Typically CAD 1,000–3,000 annually

• Some offer bundled services (airport pickup, insurance, academic monitoring)

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8. The Role of Schools: Custodianship for students in Quebec

Schools in Quebec, especially those with international programs, often require:

• Proof of custodianship before admission

• Contact details of custodian

• Signed consent forms for emergencies

Some institutions offer in-house custodianship or coordinate with third-party agencies.

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9. Living Arrangements: Homestay and Boarding

Homestays

Many students in Quebec live with host families vetted by homestay agencies.

Homestays must:

• Be approved by the school or agency

• Provide a safe, supportive environment

• Be willing to collaborate with the custodian

Boarding Schools: Custodianship for students in Quebec

Private boarding schools in Quebec often provide integrated custodianship services as part of their program, streamlining care and communication.

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10. Custodianship for Post-Secondary Students Under 18

While students at CEGEPs or universities in Quebec may live independently, IRCC still requires those under 18 to appoint a custodian. Some institutions provide letters of support, but they are not substitutes for the formal IMM 5646 declaration.

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11. Changing Custodians: Custodianship for students in Quebec

Changing custodians is possible but must be done formally.

Steps:

1. Notify the current custodian, new custodian, and school

2. Complete a new IMM 5646 form (both pages)

3. Have it notarized

4. Submit updates to IRCC and the school

Failing to follow this process can result in legal complications or academic delays.

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12. Risks and Challenges

Custodianship can be complex and risky without proper planning.

Common Issues: Custodianship for students in Quebec

• Miscommunication between custodian and parents

• Custodian neglect or unavailability

• Overreliance on unqualified individuals

• Fraudulent agencies or forged documents

Prevention:

• Verify custodian credentials

• Maintain regular family-custodian contact

• Sign a clear custodianship agreement

• Conduct follow-ups or background checks

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13. Real-World Scenarios

Scenario 1: Family Custodianship

Lucia, 16, moves from Brazil to attend high school in Montreal. Her mother appoints Lucia’s aunt, a Canadian citizen living in Laval, as her custodian. They submit the IMM 5646 form, and her aunt helps Lucia adjust, enroll in school, and attend parent meetings.

Scenario 2: Professional Custodianship for students in Quebec

Adil, a 17-year-old from Morocco, is enrolled in a private school in Sherbrooke. His parents hire a professional custodian through an accredited agency. The custodian offers bilingual support, attends school functions, and provides monthly reports.

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14. Best Practices for Parents

To ensure a successful custodianship arrangement in Quebec:

• Start early: Arrange custodianship before submitting the study permit

• Choose wisely: Whether family, homestay, or agency, verify credentials

• Communicate: Maintain open, frequent contact with the custodian and student

• Understand legal duties: Review the custodian’s obligations in emergencies

• Document everything: Sign written agreements outlining expectations

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15. Summary Table: Custodianship Checklist: Custodianship for students in Quebec

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Conclusion

Custodianship is a legal and practical necessity for international minors studying in Quebec. It plays a critical role in ensuring a student’s safety, academic success, and personal development while away from home. Quebec's unique legal context, combined with federal immigration requirements, means that families must plan carefully when choosing and authorizing a custodian.

By selecting the right custodian—be it family, host, or professional—parents can rest assured that their child is well cared for during their studies in Quebec. Schools, homestay agencies, and legal professionals all contribute to creating a supportive environment that allows young international students to thrive.

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