Bill C-12 and Refugee Claims in Canada: What Asylum Seekers Need to Know

Canada’s refugee protection system has undergone significant changes following the passage of Bill C-12, theStrengthening Canada’s Immigration System and Borders Act.

Bill C-12 received Royal Assent on March 26, 2026. Among other changes to Canada’s immigration system, the legislation introduced new rules that can affect whether certain refugee claims are eligible to be referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB).

For individuals who fear returning to their home country, understanding these new rules and obtaining legal advice as early as possible can be extremely important.

The One-Year Rule

One of the most significant changes concerns individuals who wait more than one year after entering Canada before making a refugee claim.

For claims made on or after June 3, 2025, a refugee claim may be ineligible for referral to the RPD where:

• the person first entered Canada after June 24, 2020; and
• the person makes the refugee claim more than one year after the date of that first entry.

Importantly, leaving Canada and subsequently returning does not necessarily restart the one-year period. Where a person has entered Canada more than once after June 24, 2020, the calculation generally relates to the person’s first entry after that date.

This can have serious consequences for temporary residents, including visitors, international students and foreign workers who have lived in Canada for some time before circumstances cause them to consider seeking refugee protection.

The 14-Day Rule for Certain Entries from the United States

Bill C-12 also introduced an additional ground of ineligibility affecting certain individuals who enter Canada from the United States between official land ports of entry.

A person who enters Canada along the Canada–United States land border at a location that is not an official port of entry and makes a refugee claim after the applicable 14-day period may be ineligible to have the claim referred to the RPD.

This operates alongside Canada's existing rules concerning refugee claims made by individuals arriving from the United States, including the Canada–United States Safe Third Country Agreement.

Does Ineligibility Mean Canada Will Automatically Remove the Person?

Not necessarily.

Being found ineligible to have a refugee claim referred to the RPD is different from the RPD hearing a refugee claim and rejecting it.

Depending on the person’s circumstances, other mechanisms may be available to assess the risks they could face if returned to their country, including a Pre-Removal Risk Assessment (PRRA) where the person is eligible.

A PRRA can consider risks such as persecution, torture, risk to life, or cruel and unusual treatment or punishment. The availability of a PRRA and the appropriate legal strategy will depend on the individual circumstances of the case.

Are There Exceptions?

Yes. The legislation permits exceptions to the new ineligibility rules.

For example, the Government of Canada has implemented an exemption for certain unaccompanied minors, recognizing the vulnerabilities of children who are in Canada without a parent or legal guardian.

Because exceptions and eligibility requirements can be highly fact-specific, individuals should not assume that they are either eligible or ineligible without obtaining advice based on their circumstances.

Why Timing Is Now Particularly Important

The new rules make the timing of a refugee claim even more significant.

Someone who entered Canada as a visitor, worker or student may later experience changed circumstances in their home country or may become afraid to return for reasons that developed after arriving in Canada.

However, waiting to obtain legal advice could affect the procedure available to that individual.

If you are in Canada and believe you may face persecution, torture, a risk to your life, or other serious harm if returned to your country, it is important to obtain legal advice promptly.

Every Refugee Case Is Different

Refugee law is highly unique. A person’s eligibility to make a refugee claim and their prospects of obtaining protection depend on many factors, including:

• when and how they entered Canada;
• their immigration history;
• whether they previously made a refugee claim in Canada or another country;
• whether they entered through the United States;
• the nature and timing of the risk they fear;
• their personal circumstances; and
• whether another ground of ineligibility applies.

A person should therefore obtain individualized legal advice before deciding how to proceed.

How FOA Legal Can Help

At FOA Legal, we assist individuals and families navigating Canada’s immigration and refugee protection system.

Our immigration and refugee law services include assistance with refugee protection claims, responding to Procedural Fairness Letter (PFL), and related immigration proceedings. We can review your circumstances, immigration history and available documentation and advise you regarding the legal options that may be available to you.

If you are considering making a refugee claim or you are concerned about how the changes introduced by Bill C-12 may affect you. Contact FOA Legal to arrange a consultation.