Custodianship for Students in Ontario
Custodianship for Students in Ontario: A Complete Overview
Introduction
Ontario is the most populous province in Canada and a major hub for international education. Every year, thousands of international students under the age of 18 arrive in Ontario to attend elementary, secondary, or post-secondary institutions. Since these students are minors under Canadian law, a custodianship arrangement is required for legal and practical reasons. This report provides an in-depth examination of custodianship for minor international students in Ontario, detailing legal requirements, procedures, responsibilities, and support systems.
1. Understanding Custodianship for Students in Ontario
Custodianship is a legal responsibility granted to a responsible adult—called a custodian—to care for and make decisions on behalf of a minor student during their stay in Canada. In Ontario, the age of majority is 18. Therefore, any international student below this age must have a designated custodian if they are not accompanied by a parent or legal guardian.
Custodianship ensures: Custodianship for Students in Ontario
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Legal protection
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Emergency care
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Proper supervision
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Effective communication with schools and medical authorities
It is an essential component of a student’s immigration process and educational experience.
2. Legal Requirements in Ontario: Custodianship for Students in Ontario
Custodianship requirements are governed by both federal immigration regulations and Ontario provincial child protection laws.
Immigration, Refugees and Citizenship Canada (IRCC)
IRCC mandates that:
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All international students under 18 must submit a Custodianship Declaration Form (IMM 5646) as part of their study permit application.
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The form must be notarized and show that the custodian is a Canadian citizen or permanent resident living in Canada.
Provincial Child Welfare Laws
Under Ontario’s Child, Youth and Family Services Act, adults caring for children must ensure the child’s safety, access to education, and medical care.
Failure to comply with custodianship laws can:
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Delay visa approvals
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Result in school enrollment denials
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Cause legal liability for guardians and institutions
3. Who Can Be a Custodian?
The selected custodian must meet specific criteria: Custodianship for Students in Ontario
Requirements
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Must be a Canadian citizen or permanent resident
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Must be at least 19 years old
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Must live in Ontario or within reasonable distance to the student’s school
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Must be available in emergencies
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Must sign and notarize the IMM 5646 form
Common Types of Custodians:
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Relatives living in Canada
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Family friends known to the parents
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Homestay providers approved by schools
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Professional custodianship agencies
Custodians should have a strong understanding of cultural sensitivity, Canadian laws, and student support practices.
4. The IMM 5646 Custodianship Declaration: Custodianship for Students in Ontario
This document is a critical part of the study permit application for minor students. It consists of two notarized pages:
Page 1 – Custodian’s Declaration
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Signed by the Canadian custodian
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Must be notarized in Canada
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Confirms acceptance of responsibility for the student
Page 2 – Parent/Guardian’s Declaration
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Signed and notarized in the student’s home country
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Confirms appointment of the custodian in Canada
The form is submitted to IRCC with the study permit application. If a change of custodian occurs, a new form must be submitted immediately.
5. Responsibilities of a Custodian: Custodianship for Students in Ontario
Being a custodian carries significant legal and ethical responsibilities.
Legal and Administrative Roles:
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Sign school forms and medical documents
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Act as the student’s legal representative in Ontario
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Ensure the student complies with visa conditions
Educational Involvement:
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Attend parent-teacher meetings
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Monitor academic progress and discipline issues
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Maintain contact with school staff
Health and Welfare Oversight:
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Ensure the student has valid health insurance
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Authorize medical care in emergencies
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Provide emotional and social support
Communication Duties:
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Serve as liaison between parents, school, and host family
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Provide updates to parents regarding the student's well-being
6. School Requirements in Ontario: Custodianship for Students in Ontario
All public and private schools in Ontario require documentation of custodianship before admitting an international minor.
Typical school requirements:
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Notarized custodianship declaration form
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Copy of custodian’s ID and proof of residence
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Emergency contact information
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Custodian-school-parent communication plan
Some school boards and private schools offer custodianship services as part of international student programs.
7. Homestay and Custodianship Arrangements
Many minor students live with a homestay family during their time in Ontario. In some cases, the homestay provider also serves as the custodian.
Homestay Agencies: Custodianship for Students in Ontario
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Carefully screen families
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Ensure police background checks and home inspections
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Offer orientation to students and hosts
Dual Role of Host and Custodian:
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Provides consistency in supervision and communication
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Often required by schools for better coordination
Note: Not all host families qualify as custodians unless they meet legal criteria and complete the IMM 5646 process.
8. Professional Custodianship Services for Students in Ontario
Parents who do not have relatives in Canada often choose professional custodianship providers.
Services Offered:
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24/7 emergency support
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Academic monitoring and reporting
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School communication and document handling
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Airport pick-up and settlement assistance
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Monthly student wellness reports
Cost:
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Typically ranges from CAD 1,000 to CAD 3,000 per year
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May include optional packages for additional services
Recommended Practices: Custodianship for Students in Ontario
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Verify agency credentials
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Check references and reviews
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Sign a written custodianship service agreement
9. Custodianship and Study Permit Application
The custodianship declaration is integral to a successful study permit application for minors.
Application Process: Custodianship for Students in Ontario
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Obtain a Letter of Acceptance from an Ontario school
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Secure a custodian and complete IMM 5646
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Apply for the Ontario Provincial Attestation Letter (PAL) if required
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Submit study permit application to IRCC
Note: Missing or invalid custodianship documents may lead to delays or refusals in the study permit process.
10. Risks and Challenges: Custodianship for Students in Ontario
Custodianship must be managed carefully to avoid pitfalls.
Potential Issues:
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Lack of communication between custodian and parents
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Inexperienced or absentee custodians
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Legal liability in medical or legal emergencies
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Cultural misunderstandings
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Fraudulent or unqualified providers
Risk Mitigation: Custodianship for Students in Ontario
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Choose custodians carefully
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Maintain regular communication
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Sign a legal agreement outlining roles and responsibilities
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Monitor student satisfaction and well-being
11. Changing Custodians
Changes in custodianship may occur due to relocation, dissatisfaction, or other reasons.
Steps to Follow: Custodianship for Students in Ontario
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Inform the school and IRCC
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Complete a new IMM 5646
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Notarize the new form
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Update emergency contacts and supporting documents
Changing a custodian mid-year should be done with care and planning to avoid disruptions.
12. Custodianship for Post-Secondary Students Under 18: Custodianship for Students in Ontario
Some students enter college or university in Ontario before turning 18. Though they may be considered mature enough to live independently, IRCC still requires custodianship documentation until they turn 18.
Post-Secondary Institutions May:
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Offer in-house custodianship
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Require letters from custodians authorizing medical and academic decision-making
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Limit registration without proof of legal supervision
13. Custodianship for Boarding School Students
Private boarding schools in Ontario often have built-in custodianship arrangements.
School-Provided Custodianship:
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Staff or local representatives act as custodians
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Parents pay custodianship fees along with tuition
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Offers integrated supervision and care
Parents should verify the terms of school-based custodianship before enrollment.
14. Real-Life Examples: Custodianship for Students in Ontario
Case 1: Family-Based Custodianship
Mei, a 15-year-old student from China, lives with her uncle in Toronto. He serves as her custodian, attends school meetings, and provides daily supervision. The family completed IMM 5646 and submitted it with her study permit application.
Case 2: Professional Custodian for High School Student
Rohan, a 17-year-old student from India, attends a public high school in Ottawa and lives in a homestay arranged by a custodianship agency. The agency sends monthly reports and manages school communication, while his parents receive updates via email.
15. Best Practices for Parents
To ensure a smooth custodianship experience in Ontario:
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Start early: Arrange custodianship before applying for the study permit
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Research options: Understand the difference between private, school-based, and family-based custodians
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Prioritize communication: Keep regular contact with the custodian and student
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Review responsibilities: Understand the legal and ethical duties involved
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Monitor performance: Ensure the custodian is fulfilling their obligations
Conclusion
Custodianship for Students in Ontario is not merely a bureaucratic requirement; it is a vital safeguard for minor students studying abroad. In Ontario, custodianship ensures that international students have proper care, legal representation, and support while living away from their families. Whether through a trusted family member, a vetted homestay host, or a professional agency, a good custodian plays an indispensable role in a student’s educational journey.
By understanding the legal frameworks, responsibilities, and options available, parents and students can make informed decisions and build a strong foundation for academic and personal success in Ontario.
In case, if you need help with Custodianship for Students in Ontario or other provinces of Canada, please fill in application below or contact The Custodian Canada.