Guide to Custodianship Declaration for a Minor Studying in Canada

Key Takeaways

• Minor children (under the age of majority) who are not Canadian citizens or permanent residents must have proper care and support in the form of a parent, guardian, or custodian during their stay in Canada.
• A custodian is an adult Canadian citizen or permanent resident tasked with a minor’s care in Canada.
• Parents/guardians can appoint a custodian by completing and submitting the Custodianship Declaration – Custodian for Minors Studying in Canada (Form IMM 5646).
• The information in Form IMM 5646 must be sworn or affirmed before a notary or commissioner.
• In Ontario, lawyers and notaries can virtually witness the physical signing of sworn statements.

• come with a parent or legal guardian; or
• have a custodian in Canada.

A custodian is an adult, who is a Canadian citizen or a permanent resident, who will take care of and support the minor child. Custodians are optional for minors 17 years of age and older but an officer can request one on a case-by-case basis.

Appointing a Custodian

To appoint a custodian, a completed Custodianship Declaration — Custodian for Minors Studying in Canada (IMM 5646) must be completed and submitted along with the child’s study permit. Although the two pages of the form look similar, however:

• the first page needs to be signed by the custodian and commissioned (certified by a lawyer or notary) in Canada; and
• the second page needs to be signed by the parents or legal guardians of the minor child and commissioned in their home country.

Swearing or Affirming

The declaration must be sworn or affirmed that the information is true before a commissioner for taking affidavits or a notary public. It is a criminal offence to swear a false or misleading affidavit and it is your responsibility to make sure that the information is true.

Up until recently, sworn statements were required to be signed and witnessed in-person. The Ontario Ministry of the Attorney General is now permitting lawyers and notaries to virtually witness the physical signing of sworn statements. Once the declaration is complete, you can book an appointment online to commission the form.

Additional Resources

See Government of Canada: Studying in Canada as a Minor. If you have questions or need advice about your situation, you should consult with a lawyer. NotaryPro Canada is not a law firm and cannot provide legal advice.