Bill C-12 Is Law: Canada's New One-Year and 14-Day Rules for Refugee Claims

The Strengthening Canada's Immigration System and Borders Act — Bill C-12 — received Royal Assent on March 26, 2026. It made the most significant changes to Canada's refugee system in more than a decade. If you are thinking about making a claim, or you already have one, you need to understand two new eligibility rules.

Rule 1: the one-year rule

A refugee claim is no longer referred to the Immigration and Refugee Board (IRB) if it is made more than one year after the person first entered Canada, for anyone whose first entry was after June 24, 2020. IRCC confirms this applies regardless of whether the person has since left Canada and returned — the clock starts from the first entry. It applies to students, workers and visitors alike.

Rule 2: the 14-day rule

A claim is also not referred to the IRB if the person entered Canada between official ports of entry along the Canada–U.S. land border and made the claim after 14 days. The existing Safe Third Country Agreement rules are unchanged.

Who is covered — and from when

The government applied the new eligibility requirements to all claims made on or after June 3, 2025 — the date the original bill was introduced — even though the law itself passed in 2026. IRCC also announced a temporary public policy so that unaccompanied minors in Canada are not found ineligible under these new rules.

If your claim is found ineligible

Ineligible does not mean you will be removed without any review of risk. People affected by the new rules can apply for a Pre-Removal Risk Assessment, which looks at whether you would face persecution, torture or a risk to your life if returned. A PRRA is usually decided on paper by an IRCC officer, not at a hearing — so the written submission and evidence carry the whole case. Timelines are short, and if the application is made on time it generally stays removal while it is decided.

Some people may also have other routes, such as a Humanitarian & Compassionate application or another immigration program. Which route — and in which order — depends entirely on your history.

Other changes in the asylum system

• Withdrawing a claim: a removal order now takes effect the same day a claim is withdrawn.
• Leaving Canada: the IRB decides claims only while the claimant is physically in Canada, and returning voluntarily to the country you fear means the claim is treated as abandoned.
• Admissibility hearings can no longer be held for people who are not physically in Canada.
• More changes are coming: IRCC plans a simplified online claim process and to refer only complete, "schedule-ready" claims to the IRB, with designated representatives for vulnerable claimants. Some of these provisions take effect on dates still to be set.

What this means in practice

Timing is now everything. If you are in Canada on a visa or permit and fear returning home, do not wait for your status to run out before getting advice — the one-year window may close first. If you are past the one-year mark, the conversation shifts to PRRA and any other options, and the quality of the written evidence becomes decisive.

Bill C-12 also gave the government new powers to cancel or suspend groups of visas and permits and to pause application intake in the public interest. IRCC states those powers do not apply to asylum claims and do not remove permanent or temporary resident status by themselves.

This is general information, not legal advice. If you have a claim, a BOC deadline, or have been told your claim is ineligible, book a consultation through our refugee claim services. Meena Sharma is an RCIC-IRB, licensed to represent clients before the Immigration and Refugee Board.