Costodianship Services

Who is a minor?

In Canada, each province or territory defines the age of majority. Anyone under the age of majority at the time of their arrival in Canada is considered to be a minor child.

The age of majority is 18 in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan.

The age of majority is 19 in British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, the Northwest Territories, Nunavut and the Yukon.

Custodianship vs. Guardianship in Study Permit Applications

In the context of study permit applications for minors, the term “custodianship” is preferred over “guardianship.” This is because guardianship legally involves managing an individual’s affairs, while custodianship pertains specifically to custody and care arrangements for the student. For minors studying in Canada, it is crucial to distinguish between these terms to ensure the appropriate legal arrangements are made.

Custodianship Declaration Requirements

The custodianship declaration is a mandatory document in certain situations, which involves a notarized declaration form signed by the parent(s) or legal guardian(s) in the minor’s home country and by the custodian in Canada. This form confirms that the custodian will take responsibility for the minor, acting in place of a parent.

Custodianship is not required when the minor is accompanied by at least one parent.

Mandatory Custodianship Requirement

For applicants under 17 years of age, a custodian in Canada is required. The application must include a notarized custodianship declaration signed by the parent(s) or legal guardian(s) and the custodian. This document ensures that arrangements are in place for the custodian to act as a parent and reside within a reasonable distance from the minor’s residence and school. Both parents should sign the declaration, if applicable.

For applicants aged 17 to the age of majority (18 or 19, depending on the province), custodianship requirements are assessed on a case-by-case basis.

Factors considered include:

Level of Study: Secondary school students usually require a custodian.
Level of Independence: Applicant’s past living arrangements and whether they have previously lived away from their principal residence.
Financial Capacity: Applicant’s financial independence, such as scholarships or government sponsorships.
Travel Experience: Previous travel history and participation in international exchange programs.
Accessibility of Parents or Guardians: How accessible the applicant’s parents or guardians are for contact by institutions or in emergencies.
Informal Arrangements: Whether there are less formal support arrangements for the minor.
Risk Environment: The safety and well-being of the applicant in relation to risks of irregular child migration and potential exploitation or trafficking.