Canada’s asylum system has changed under Bill C-12, which received Royal Assent on March 26, 2026. The changes affect who can make a refugee claim and how quickly they must seek protection.
People who face a real risk of persecution, torture, or serious harm can still seek refugee protection in Canada. However, new eligibility rules may prevent some claims from being referred to the Immigration and Refugee Board of Canada.
Two new eligibility rules
These rules apply to refugee claims made on or after June 3, 2025.
1. A one-year deadline for making a claim
A person may be found ineligible for refugee protection if they make a claim more than one year after their first entry into Canada, provided they entered after June 24, 2020.
The deadline can apply even if the person left Canada and returned later.
2. Restrictions for some irregular border crossers
A person who enters Canada between ports of entry along the Canada–U.S. land border may be found ineligible to have their claim heard by the Immigration and Refugee Board if they make the claim more than 14 days after entering.
These restrictions are generally not intended to apply to unaccompanied minors.
What happens when a claim is found ineligible?
An ineligible claim is not referred to the Immigration and Refugee Board. The person may still be able to apply for a Pre-Removal Risk Assessment, or PRRA, to determine whether they face a serious risk if returned to their country of origin.
Other procedural changes
Bill C-12 also changes how asylum claims are handled. The reforms include:
- Referring only complete claims to the Immigration and Refugee Board.
- Treating a claim as abandoned if the claimant voluntarily returns to their country of origin.
- Requiring claimants to remain physically present in Canada while their claim is pending.
- Faster removal processes when a claim is withdrawn.
What these changes mean for claimants
The new rules create tighter deadlines and additional eligibility requirements. People who delay making a claim or enter Canada through certain routes may face greater difficulty accessing the refugee system.
Early legal advice can help claimants understand the applicable deadlines and protect their eligibility.
Concerns about the legislation
The adoption of Bill C-12 has led to public discussion among legal professionals, refugee advocates, and civil society organizations.
The Canadian Council for Refugees has expressed concern that the legislation could limit access to refugee protection and expand discretionary powers affecting migrants and asylum seekers. The Canadian Association of Refugee Lawyers has also opposed the legislation, arguing that the new ineligibility categories and reduced access to hearings could place additional pressure on the immigration system and increase the risk of returning vulnerable people to unsafe conditions.
The Government of Canada has said the reforms are intended to improve the integrity and efficiency of the asylum system, reduce processing backlogs, and preserve protection for people who face serious risk.
A legal perspective
Bill C-12 changes asylum procedures without removing refugee protection altogether. The deadlines are stricter, and procedural mistakes may have serious consequences.
The most immediate concerns include:
- Delays that result in ineligibility.
- Misunderstanding the new deadlines.
- Relying on flexibility that may no longer be available.
- Needing to consider alternatives such as a PRRA or a humanitarian application.
Anyone affected by these changes should seek legal advice as early as possible.