What is Bill C-12 and why does it matter for refugee claimants?

On March 26, 2026, Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, received royal assent and became law in Canada. This new legislation introduces significant changes to how Canada refugee claims are processed and who can make them.

The law primarily targets asylum eligibility, processing procedures, and system integrity. These reforms aim to reduce backlogs and deter what the government considers irregular claims, while modernizing how Immigration, Refugees and Citizenship Canada (IRCC) handles refugee cases.

What are the new time limits for making refugee claims?

Bill C-12 introduces strict time-based rules that affect claim eligibility. These changes apply retroactively to claims made on or after June 3, 2025.

The two main time restrictions are:

• One-year limit: Claims made more than one year after a person’s first entry into Canada (post-June 24, 2020) are now ineligible for Immigration and Refugee Board of Canada (IRB) referral
• 14-day rule for irregular border crossers: Claims by individuals who entered irregularly between ports of entry along the Canada-US land border are ineligible for IRB referral if made after 14 days

These rules close what the government viewed as loopholes for delayed claims, particularly affecting those who may have waited to make their refugee claim after arriving in Canada.

Does this change the Safe Third Country Agreement?

No, Bill C-12 does not alter the Safe Third Country Agreement between Canada and the United States. The agreement continues to return claimants at official ports of entry or within 14 days of irregular entry to the US, with existing exceptions still in place.

The new 14-day rule works alongside the Safe Third Country Agreement but addresses different scenarios — specifically those who entered irregularly and waited longer than two weeks to make their claim.

What happens to people who become ineligible under these new rules?

Individuals whose claims become ineligible under Bill C-12 don’t lose all protection options. They retain access to Pre-Removal Risk Assessment (PRRA), which evaluates risks like persecution or torture if returned to their home country.

However, critics have noted that PRRA has more limited procedural safeguards compared to the full IRB refugee hearing process. The law includes guidance to protect unaccompanied minors by considering their specific circumstances.

How has the refugee claim process been modernized?

Bill C-12 streamlines several aspects of refugee claim processing to accelerate decisions:

• Simplified online applications: Duplicate questions and forms have been eliminated
• Complete claims requirement: Only complete, “schedule-ready” claims proceed to the IRB
• Physical presence requirement: IRB decisions require the claimant’s physical presence in Canada
• Claim abandonment rules: Voluntary return to the country of alleged persecution abandons the claim
• Automatic removal orders: Removal orders activate immediately upon claim withdrawal

The system also removes inactive cases to help address existing backlogs.

What other changes affect refugees and asylum seekers?

Beyond the core refugee claim changes, Bill C-12 introduces broader system modifications:

• Enhanced information sharing: Expanded domestic information sharing between agencies to verify claims and enforce compliance
• Document cancellation powers: New authority to cancel or suspend immigration documents (like work or study permits) in the public interest
• Vulnerable group protections: Appointed representatives for minors in IRCC and Canada Border Services Agency proceedings
• Increased penalties: Administrative monetary penalties up to $50,000 for misrepresentation after landing

When do these changes take effect?

Bill C-12 received royal assent on March 26, 2026, but implementation will be staged over 18 months. Some provisions, particularly the time-based eligibility rules, apply retroactively to claims made on or after June 3, 2025.

As of March 30, 2026, IRCC has not yet published updated refugee processing times following royal assent. The government expects these reforms to help address legacy backlogs by filtering ineligible claims earlier in the process.

What concerns have been raised about these changes?

The UN Human Rights Committee raised concerns on March 23, 2026, urging Canada to ensure fair access to refugee protection. This highlights potential tensions between the new efficiency measures and Canada’s international human rights obligations.

Legal experts and advocacy groups have particularly focused on the limited procedural safeguards available through PRRA compared to full IRB hearings for those who become ineligible under the new time limits.

How should current and potential refugee claimants prepare?

Given these significant changes to Canada’s refugee system, timing has become more critical than ever. Anyone considering making a refugee claim should understand how these new rules might affect their eligibility.

The staged implementation over 18 months means some aspects of Bill C-12 may not yet be fully in effect. It’s essential to verify current policies through qualified legal counsel to understand how these changes apply to individual circumstances.

At Kabir & Alam, we help clients navigate Canada’s evolving refugee and immigration systems, ensuring they understand their options and meet all relevant deadlines.

Let’s take it one step at a time

The changes introduced by Bill C-12 represent the most significant reform to Canada’s refugee system in years. While designed to improve efficiency and reduce backlogs, these new rules also create additional complexity for those seeking protection.

If you’re facing refugee claim eligibility questions or need guidance on how Bill C-12 affects your situation, we’re here to help you understand your options and navigate this evolving landscape with confidence.

Book a consultation with Kabir & Alam Lawyers today — let us guide you through every step of your Canadian immigration journey.