Bill C-12: New Asylum Claim Eligibility Rules and What They Mean

Last updated: October 23, 2026

Canada's Strengthening Canada's Immigration System and Borders Act—Bill C-12, S.C. 2026, c. 4—received Royal Assent on March 26, 2026. IRCC says two new rules affecting whether certain refugee claims can be referred to the Immigration and Refugee Board of Canada (IRB) apply to claims made on or after June 3, 2025. These are referral-eligibility rules; they are not a decision that a person has no protection claim or faces no risk. ^{Official sources: [1] [2] [3]}

The two new eligibility rules

More than one year after a qualifying entry: A claim may be ineligible for referral if the claimant entered Canada after June 24, 2020, and made the claim more than one year after that entry. If the person entered Canada more than once after June 24, 2020, the calculation begins from their first entry after that date. ^{Official sources: [1] [2] [3]}

More than 14 days after certain irregular land-border entries: A claim may be ineligible if the person entered at a location along the Canada–United States land border, including waters along or across that border, that is not a port of entry, and made the claim after the applicable 14-day period. The rule is specific to the entry route and timing; statutory and regulatory exceptions and the person's facts matter. It should not be described as applying to everyone who entered Canada between ports. ^{Official sources: [1] [2] [3] [4]}

If an officer determines that a claim is ineligible under section 101 of the Immigration and Refugee Protection Act, it is not referred to the IRB and processing is terminated under the Act. That differs from an IRB decision after a hearing about whether the claimant meets the definition of a Convention refugee or person in need of protection. ^{Official sources: [3]}

Exemption for some unaccompanied minors

IRCC's temporary public policy, signed May 19, 2026, says delegated officers may grant an exemption from either new ineligibility provision to a person who made a refugee claim as required by subsection 99(3) of the Act, was under 18 when making the claim, and has neither a parent nor an adult legally responsible for them in Canada. This is not a blanket exemption for everyone under 18; other applicable legal requirements still apply. The policy applies to claims whose eligibility is determined on or after its effective date and remains in effect until revoked. ^{Official sources: [12]}

A PRRA may still be available in many cases

IRCC says people whose claims are found ineligible under the new rules may still apply for a pre-removal risk assessment (PRRA) in most cases once the Canada Border Services Agency begins the removal process. A PRRA is a separate risk assessment. Eligibility, filing time, any applicable exclusion, and the effect on removal depend on the current rules and the individual's file. A PRRA is not automatic and does not guarantee a protection decision in the applicant's favour. ^{Official sources: [5] [6]}

Other Bill C-12 changes have separate commencement rules

Bill C-12 includes other amendments affecting the asylum system, including provisions that would repeal section 109.1 of the Act (the Designated Country of Origin framework) and amend section 110 (the Refugee Appeal Division). Their commencement is not the same as the two new eligibility rules. Section 64 of the Act requires an order of the Governor in Council for Part 6 provisions not listed as taking effect immediately; sections 48 and 49 are not in that immediate-commencement list. The current consolidated Act still displays section 109.1 and the existing section 110 provisions. In the official records checked through October 23, 2026, I did not locate a commencement order for those sections. Verify the latest order and consolidated text before describing the DCO repeal or RAD changes as in force. ^{Official sources: [2] [7] [8] [9] [10]}

The Act also contains transitional provisions for specific changes. For example, section 62 addresses certain pending claims when the listed provisions come into force; it does not establish one blanket transition rule for every Bill C-12 amendment. Check the precise provision, its commencement date, and the status of the claim before applying a transition rule to a file. ^{Official sources: [2]}

IRCC also published proposed asylum-system regulations in June 2026. A proposal in the Canada Gazette is not a final regulation. Do not present its proposed application deadlines or process changes as current requirements unless a final regulation and commencement date are confirmed. ^{Official sources: [10] [11]}

If these rules may affect you

Record the dates of every entry into Canada, the route and location of entry, and the date the claim was made. The first-entry date and a difference of days can affect which rule may apply. Get advice from a qualified Canadian immigration lawyer or regulated immigration consultant before taking action. This is general information, not legal advice, and it does not assess an individual claim or guarantee an outcome.

Need help reviewing your circumstances? Contact Karim Immigration to discuss a consultation. No immigration outcome is guaranteed.

Official sources

1. IRCC: New immigration and asylum measures from Bill C-12 have become law — March 26, 2026
2. Strengthening Canada's Immigration System and Borders Act, S.C. 2026, c. 4 — See sections 48, 49, 64, 73 and 74
3. Immigration and Refugee Protection Act, section 101 — Consolidated text checked October 23, 2026
4. Immigration and Refugee Protection Regulations, section 159.4 — Consolidated text checked October 23, 2026
5. IRCC: Pre-removal risk assessment process — May 28, 2026 briefing; page details dated September 25, 2026
6. IRCC: Pre-removal risk assessment — applications and intake — Current guidance checked October 23, 2026
7. Immigration and Refugee Protection Act, section 109.1 — Consolidated text checked October 23, 2026
8. Immigration and Refugee Protection Act, section 110 — Consolidated text checked October 23, 2026
9. Canada Gazette, Part II, Volume 160, Number 21 — October 21, 2026 issue checked
10. Canada Gazette, Part I: proposed Asylum System Reform regulations — June 20, 2026 proposal
11. IRCC: Canada proposes new regulations to modernize the asylum process — June 19, 2026
12. IRCC: Temporary public policy to exempt qualifying unaccompanied minors from new asylum-claim ineligibilities — Signed May 19, 2026; checked October 23, 2026