Understanding the responsibilities and obligations related to the undertaking

An undertaking is a contract that binds you to the person you sponsor and to that person’s accompanying family members.

You then have responsibilities and obligations to honour for the duration of your undertaking. This is why your undertaking must be taken seriously.

The term of your undertaking varies depending on the age of the sponsored orphaned child.

Child under age 16  
Minimum age 10, up to age 18. The longer of the two periods is chosen. 

Child age 16 or over 
Minimum 3 years, or up to age 25. The longer of the two periods is chosen.

You must honour your undertaking for its entire term, regardless of the circumstances, for example even if: 

• your  financial situation deteriorates
• you go through a separation or a divorce 
• the  person you sponsor obtains Canadian citizenship 
• you or the sponsored person move(s) to another province

You have obligations towards the orphaned minor child you are sponsoring. Your obligations take effect as soon as the child becomes a permanent resident (on arrival in Quebec or Canada).

Obtaining a tutorship judgment

Within 90 days of the sponsored orphan's arrival in Québec, you must apply to the Québec Superior Court to have a tutor appointed for the child.

For information on how to apply to the Superior Court of Québec for tutorship, please visit the following page “Déposer une demande suivant la procédure non contentieuse” (Filing an application under the non-contentious procedure).

Exercising parental authority

Until a tutor is appointed by the Superior Court of Québec, you must exercise parental authority over the orphan minor you are sponsoring. This means you have obligations to the minor, such as:

• Assume custody;
• Provide for their basic needs;
• Ensure the child's health and safety;
• Educate them and enrol them in school;
• Make the decisions necessary for the child's well-being.

Financial obligations

Whether or not you are designated as the tutor of the sponsored orphaned minor, you have an obligation to provide for his or her basic needs.

This obligation applies for the entire term of your undertaking.

The costs of providing for the basic needs of the sponsored persons include, among others:

• Settlement and establishment costs in Québec
  • housing
  • furniture
  • travel
  • food
  • clothing
  • Health-related costs
• Health-related costs not covered by an insurance plan:
  • health care and services
  • prescription drugs

Consequences of not meeting your financial obligations

You will be required to reimburse all sums if the person you are sponsoring or an accompanying family member receives government assistance in the form of:

• Last-resort financial assistance (social assistance);
• Special benefits, e.g., glasses, dental treatment, hearing aids.

Support in integration approaches

You undertake to provide the necessary support to the person you are sponsoring in their integration approaches. In particular, you must provide them with assistance and support to:

• Enrolling children in school;
• Learn French or enroll in French courses;
• Access public services;
• look for a job or make approaches for recognition of studies outside Québec
• participate in community life in Québec

The sponsored person must inform you:

• How his or her basic needs are satisfied;
• Any change of address, if he or she does not live with you; 
• Any approach with the aim of obtaining financial assistance, particularly government assistance.