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Bill C-12 and Refugee Claims: What Changed in 2026

Law since March 26, 2026; more in force November 3Last reviewed Nov 4, 2026

Bill C-12, the Strengthening Canada's Immigration System and Borders Act, received royal assent on March 26, 2026. It made two kinds of refugee claims ineligible for the Immigration and Refugee Board: claims made more than one year after a person's first entry into Canada after June 24, 2020, and claims made 14 or more days after crossing the Canada-US land border between official ports of entry, for claims made on or after June 3, 2025. People affected can still be considered for a pre-removal risk assessment, and the rest of the Act's asylum changes took effect on November 3, 2026.

Royal assent
March 26, 2026 (S.C. 2026, c. 4)
Applies to claims made
On or after June 3, 2025
One-year rule
Entered after June 24, 2020
14-day rule
Between ports, Canada-US land border
Exceptions
Unaccompanied minors; early online start
Remaining option
Pre-removal risk assessment
How the new eligibility rules are applied
  1. 1Claim madeOn or after June 3, 2025
  2. 2Entry date checkedFirst entry after June 24, 2020
  3. 3ExceptionsMinors, early online start
  4. 4Ineligible claimSent to the CBSA, not the IRB
  5. 5Risk assessmentPRRA before any removal

Overview

Bill C-12, An Act respecting certain measures relating to the security of Canada's borders and the integrity of the Canadian immigration system and respecting other related security measures, has the short title Strengthening Canada's Immigration System and Borders Act. It was introduced in the House of Commons on October 8, 2025, received royal assent on March 26, 2026 and is chapter 4 of the Statutes of Canada, 2026. Its asylum measures had first appeared in Bill C-2, the Strong Borders Act, introduced on June 3, 2025, which is why that date matters.

After first entry, the limit to claim asylum
1 year
After crossing between ports from the US
14 days
Claims made from this day are covered
June 3, 2025
Remaining asylum provisions in force
Nov 3, 2026

The Act changed the Immigration and Refugee Protection Act (IRPA) in four areas, according to IRCC: new eligibility requirements for asylum claims, a modernized asylum process, information sharing within government, and new authorities over immigration documents and applications. IRCC says the document and application authorities do not affect asylum claims.

The point most people get wrong is the starting date. The one-year rule counts from your first entry into Canada after June 24, 2020, not from your latest entry, and leaving and coming back does not restart it. It also reaches back: it applies to claims made from June 3, 2025, before the Act became law.

What changed and when

  1. June 24, 2020

    Entry cut-off date

    The one-year rule applies only to people who entered Canada after this date

  2. June 3, 2025

    Bill C-2 introduced

    The new eligibility rules apply to claims made from this day

  3. October 8, 2025

    Bill C-12 introduced in the House of Commons

  4. March 26, 2026

    Royal assent

    The one-year and 14-day rules and some other measures take effect

  5. June 20, 2026

    Draft regulations and RPD Rules prepublished

    Canada Gazette, Part I, for 30 days of comment

  6. November 3, 2026

    Remaining asylum provisions in force

    Together with amended regulations (SOR/2026-218) and RPD Rules (SOR/2026-219)

  7. January 3, 2027

    End of RPD transitional measures

    Longer evidence and Basis of Claim deadlines for some claims end

Main asylum changes in the enacted text
ChangeWhat it doesIn force
One-year ruleA claim is ineligible if the claimant entered after June 24, 2020 and claimed more than one year after first entry (IRPA 101(1)(b.1) and (1.1))March 26, 2026
14-day ruleA claim is ineligible if the claimant entered between ports of entry on the Canada-US land border, including waters, and claimed 14 or more days after entering (IRPA 101(1)(b.2))March 26, 2026
Must be in CanadaThe RPD and RAD decide only while the person is in Canada; a voluntary return to the feared country abandons the claim or appeal (IRPA 104.1)March 26, 2026
One applicationClaimants give the Minister the documents and information IRCC and the IRB require, within 60 days of eligibility plus one 30-day extension (IRPA 100(4); IRPR 159.8)November 3, 2026
Review before referralThe Minister reviews eligible claims, within 365 days of receiving everything, before referring them (IRPA 100(1) and 100.1; IRPR 159)November 3, 2026
Pre-referral abandonment and withdrawalMissed requirements before referral go to the RPD for abandonment; the Minister can accept a withdrawal and later reinstate a claim (IRPA 102.1 and 102.2)November 3, 2026
Designated representativesThe Minister must appoint a representative for unaccompanied minors and people unable to understand certain proceedings, such as a pre-removal risk assessment (IRPA 6.1; IRPR 13.4)November 3, 2026
Designated countries of originThe unused regime, and its bar on refugee appeals, is repealedNovember 3, 2026

Who is affected

A good fit if

  • You first entered Canada after June 24, 2020, made or will make a claim on or after June 3, 2025, and more than one year has passed since your first entry. IRCC says this includes students and other temporary residents.
  • You entered Canada between official ports of entry along the Canada-US land border and made your claim 14 or more days later.
  • You started a claim but it had not yet been referred to the IRB on November 3, 2026, so the new review, deadline and abandonment rules apply to it.
  • Your claim was referred to the RPD before November 3, 2026; the transitional RPD deadlines apply to your evidence and Basis of Claim changes.

Look elsewhere if

  • You made your claim before June 3, 2025. The one-year and 14-day rules do not apply to it (section 75 of the Act).
  • You are under 18 and have no parent or legally responsible adult in Canada when you claim.
  • You submitted documents or information in the IRCC Portal, with a view to claiming, within one year of your first entry.
  • You are still within one year of your first entry. You can still claim, under the general rules. Making a refugee claim 

The rules and exceptions in detail

  • First entry countsIf you entered more than once after June 24, 2020, the one year begins on the day after your first entry (IRPA 101(1.1)).
  • Exception: early online startThe one-year rule does not apply if, within one year after your entry, you submit documents or provide information to IRCC with a view to making a claim inside Canada (IRPR 159.001, from November 3, 2026). This covers people who start on time but are interviewed later.
  • Exception: unaccompanied minorsNeither rule applies to a claimant who, when claiming, is under 18 and has no parent or legally responsible adult in Canada (IRPR 159.002). Before November 3, 2026, a temporary public policy gave the same exemption.
  • Safe Third Country Agreement unchangedPeople who claim at a Canada-US land border crossing, or within 14 days of crossing between ports, are still returned to the United States unless an exception applies. Since November 3, 2026, the Agreement also applies if, less than 14 days after crossing between ports, you submit documents or information to IRCC to start a claim (IRPR 159.4(1.1)).
  • Family member exception adjustedThe STCA exception for an adult family member with a pending claim now requires that claim to have been found eligible, rather than referred to the IRB.
  • Other bars still applyThe new rules add to, and do not replace, the other reasons in section 101, such as a previous claim in Canada or serious inadmissibility.

Claims made between June 3, 2025 and March 25, 2026

Section 75 of the Act applies the two rules to claims made in this period, before the Act became law. Under section 104 of IRPA, an officer can also give notice that a claim already before the RPD is ineligible under section 101, which ends the RPD proceedings. If your claim was made in this period, check whether either rule applies to you before your hearing.

Transitional rules

  • Claims made before June 3, 2025: the one-year and 14-day rules do not apply (section 75(a) of the Act).
  • Claims pending on November 3, 2026 whose eligibility had not been decided, or that were eligible but not yet referred: the new review, document, referral, abandonment and withdrawal provisions apply (section 62 of the Act).
  • Claims already submitted: IRCC says it processes them as usual. If you started a claim in the IRCC Portal before November 3, 2026 but did not submit it, your information is saved, but you must answer new questions and review old ones.
  • Claims referred to the RPD on or before November 2, 2026: personal evidence stays due 10 days before the hearing, and Basis of Claim changes are due 10 days before the hearing if the Notice to Appear arrives by January 3, 2027.
  • Claims referred from November 3, 2026 to January 3, 2027: the RPD automatically allows 60 days after referral, instead of 30, for personal evidence.

The Act also requires the Minister to prepare a report on the one-year rule at the start of the fifth year after it came into force, including how many claimants were found ineligible under it and how many applied for a pre-removal risk assessment.

What affected people can do

  1. 1

    1. Check the facts that decide eligibility

    Confirm the date of your first entry after June 24, 2020, how you entered, and when you first submitted anything in the IRCC Portal. Officers decide eligibility at your interview, and you must prove your claim is eligible.

  2. 2

    2. If your claim is found ineligible

    It is not sent to the IRB. The CBSA handles your file, and your conditional removal order becomes enforceable 7 days after notice, unless a stay applies (IRPA 49(2)(b)). For a Safe Third Country Agreement ineligibility, the order takes effect the same day and you are returned to the United States.

  3. 3

    3. Pre-removal risk assessment (PRRA)

    When removal starts, the CBSA tells you whether you can apply. IRCC says people affected by the new rules will still have access to a PRRA, which assesses the same risks the IRB would. A PRRA is not available after an STCA ineligibility. An application received within 15 days after you are notified stays your removal until a decision (IRPR 162).

  4. 4

    4. If the PRRA is positive

    You become a protected person and can apply for permanent residence. People inadmissible on serious grounds receive a stay of removal instead.

  5. 5

    5. Other routes

    You can ask the Federal Court to review an ineligibility decision, within 15 days, with a lawyer or on your own. A humanitarian and compassionate application is possible in some cases, but not while a PRRA you made after an ineligible claim is pending (IRPA 25(1.2)(b.1)), and it does not stop removal.

If you have an RPID from your eligibility interview, you can get temporary health care through the Interim Federal Health Program. A work permit you already hold stays valid until it expires; a new one requires an application and fees.

Costs and processing times

A work permit requested in a refugee claim application has no fee. A work permit for a person with an ineligible claim, and later applications such as permanent residence, have fees in IRCC's fee list. Key time limits in effect on November 4, 2026:

  1. 1 year after first entry

    Last day to claim or start a claim online

    For people who entered after June 24, 2020

  2. 14 days after entry between ports

    Limit for claims after crossing from the United States

  3. 7 days after notice

    Removal order enforceable after a non-STCA ineligibility

  4. 15 days after PRRA notification

    Apply to keep removal on hold

IRCC told a Senate committee in February 2026 that it expected about 30,000 additional pre-removal risk assessments over two years. The live figures below show the IRB's latest data on past cases.

Free toolProcessing timesIRCC’s current processing times, updated daily, with IRB and LMIA times.

Common refusal reasons

  • Counting from the wrong entry: the year runs from the first entry after June 24, 2020, not the most recent one.
  • Assuming status protects you: holding a study or work permit or visitor status does not extend the one-year limit.
  • No proof of an early start: not keeping confirmation of what you submitted in the IRCC Portal, and when.
  • Missing the PRRA window: applying more than 15 days after notification does not stop removal.
  • Waiting for the interview to start: the exception depends on submitting documents or information within the year, not on the date of the interview.

Current processing times

Estimates published by IRCC, the IRB or ESDC, updated automatically. They are not a promise of how long your application will take.

See all processing times

Frequently asked questions

Bill C-12 is the Strengthening Canada's Immigration System and Borders Act, which received royal assent on March 26, 2026 as chapter 4 of the Statutes of Canada, 2026. It added new eligibility rules for asylum claims, modernized the claim process, and gave the government new information-sharing and document authorities.

Usually not, if you entered Canada after June 24, 2020 and make your claim on or after June 3, 2025. A claim made more than one year after your first entry is ineligible, even if you left and returned. Exceptions apply to unaccompanied minors and to people who submitted documents or information in the IRCC Portal within that year.

It applies to claims made on or after June 3, 2025, the day Bill C-2 was introduced, even though the Act became law on March 26, 2026. It does not apply to claims made before June 3, 2025.

If you enter Canada between official ports of entry along the Canada-US land border, including lakes and rivers, a claim made 14 or more days after entry is ineligible. A claim made, or started by submitting documents or information, less than 14 days after entry is covered by the Safe Third Country Agreement, so it cannot be referred unless an exception applies.

Your claim is not sent to the IRB, and the CBSA handles your file. When removal starts, the CBSA tells you whether you can apply for a pre-removal risk assessment, which looks at the same risks. Applying within 15 days of being notified keeps your removal on hold until a decision.

A child who, when claiming, is under 18 and has no parent or legally responsible adult in Canada is exempt from both the one-year and 14-day rules. Children claiming with a parent follow the same rules as the family.

No. IRCC says people who claim at a Canada-US land border crossing, or within 14 days of crossing between ports, are still returned to the United States unless they meet an exception. The November 3, 2026 regulations clarified that submitting documents or information to start a claim within those 14 days is treated the same way.

The remaining asylum provisions of the Act came into force with amended regulations and RPD Rules. They introduced one online application due 60 days after eligibility, a review of up to 365 days before referral, pre-referral abandonment, designated representatives for vulnerable people and new RPD evidence deadlines.

Official sources

We checked this page against these official sources on the review date above. Rules change often, so confirm with the official source before you apply.

  1. IRCC backgrounder: Bill C-12 measures become law (March 2026)
  2. IRCC: Changes to Canada's asylum process in 2026
  3. IRCC backgrounder: Canada modernizes the asylum system (November 2026)
  4. Justice Laws: Strengthening Canada's Immigration System and Borders Act (S.C. 2026, c. 4)
  5. IRCC: If your claim is ineligible
  6. IRCC: Senate committee briefing on asylum reforms and ineligibilities (February 2026)
  7. LEGISinfo: Bill C-12 (45th Parliament, 1st session)
  8. LEGISinfo: Bill C-2 (45th Parliament, 1st session)
  9. Justice Laws: Immigration and Refugee Protection Act (with related provisions of S.C. 2026, c. 4)
  10. Canada Gazette, Part II: Order fixing November 3, 2026 (SI/2026-59)
  11. Canada Gazette, Part II: Asylum System Reform Regulations (SOR/2026-218)
  12. Justice Laws: Immigration and Refugee Protection Regulations

This page is general information, not legal advice. No immigration outcome can be guaranteed. For advice on your situation, book a consultation with a licensed consultant.

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