On March 26, 2026, Bill C-12 (the Strengthening Canada’s Immigration System and Borders Act) received royal assent and became law, strengthening Canada’s immigration and asylum systems. The new law introduces material changes to asylum eligibility, claim processing, and immigration document management that practitioners advising clients on in-Canada refugee protection must understand immediately.
What changed
Two new eligibility requirements are now in effect for asylum claims made on or after June 3, 2025. First, asylum claims made more than one year after someone’s first entry into Canada after June 24, 2020, won’t be referred to the Immigration and Refugee Board of Canada (IRB), regardless of whether the person has since left and returned. Second, asylum claims from people who enter Canada between ports of entry along the Canada–US land border and who make a claim after 14 days won’t be referred to the IRB.
Unaccompanied minors are exempt from these new rules, given their lack of legal guardianship.
Going forward, Immigration, Refugees and Citizenship Canada (IRCC) will simplify the online application process and reduce duplicate questions, refer only complete and schedule-ready claims to the IRB to speed up decisions, and ensure that the IRB decides on claims only while the claimant is physically present in Canada.
IRCC may now cancel, suspend or change a large group of immigration documents, pause application intake, or cancel application processing in the public interest—grounds including fraud, administrative errors, or public health, safety or national security concerns—but each decision requires approval by the Governor in Council through an order in council recommended by Cabinet.
IRCC now has clear legal authority to share certain personal information within the department and with domestic government partners, making information sharing more secure and consistent and improving collaboration between federal and provincial governments and programs.
Why it matters
The one-year and 14-day ineligibility rules create critical timing traps for your clients. If a client first entered Canada after June 24, 2020, they have only one year from arrival to file—if they miss that deadline, they lose IRB access. Irregular border entrants (those who cross between ports of entry from the US) have only 14 days to claim, or they become ineligible.
Important: The Safe Third Country Agreement remains unchanged—people who make a claim at a US land port of entry or within 14 days of irregular entry continue to be returned to the US, unless they qualify for an exception or exemption.
However, people affected by these new ineligibility rules will still have access to a pre-removal risk assessment (PRRA) to prevent them from being sent back to a country where they face risks like persecution, torture or other harm. The PRRA pathway is not eliminated—but it is a narrower and slower route than IRB adjudication.
The streamlined “schedule-ready” processing requirement means incomplete or disorganized claims will be returned before IRB referral, creating a preliminary gatekeeping step. This favors well-organized filings with complete evidence from the outset.
The new document cancellation / suspension powers are broad and require only Cabinet approval, with no individual hearing before cancellation. Decisions are published in the Canada Gazette and reported to Parliament, and this process must be followed each time these authorities are used—but this offers limited procedural safeguard for affected applicants.
Way forward
- For clients with June 24, 2020+ arrival dates: Confirm filing deadline now. If a client is approaching the one-year mark, file the asylum claim immediately—every day counts.
- For irregular border entrants (pre-port-of-entry crossers): The 14-day clock starts on entry. If your client crossed between ports and has not yet claimed, file within 14 days or the client loses IRB eligibility and must pursue PRRA instead.
- For all asylum applications: Ensure the initial application is complete and “schedule-ready” before submission. Missing documents or questions will trigger a return and delay. Assemble evidence and supporting materials upfront.
- Advise on PRRA as backup: Clients who become ineligible for IRB referral should understand that PRRA remains available but may take longer and impose a stricter evidentiary burden. Discuss this option early.
Disclaimer
This article is authored by a software company, not a law firm, and does not constitute legal advice. Immigration law is complex and regional variation applies; consult a licensed immigration attorney licensed in Canada to understand how Bill C-12 affects your specific circumstances. Bill C-12 received royal assent on March 26, 2026, but regulations continue to evolve. Verify all information against the official Canada.ca sources linked above and remain current on regulatory amendments. Policy and eligibility rules can change without notice.