Canada’s immigration landscape changed in a fundamental way on March 26, 2026. Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, immediately became law. In just a few days, tens of thousands of people received correspondence informing them that asylum would be handled very differently from what they had expected.
This is not simply a minor administrative update. Bill C-12 is a permanent change to how refugee claims are processed in Canada, who is entitled to use the independent refugee tribunal system, and what happens to a refugee claimant if the system determines they do not meet the criteria for a full hearing. If you have made a refugee claim, your family members have or are considering making a refugee claim, or you just want to know, this blog explains current changes and what they mean for Canada’s immigration policy.
The Background: Why Bill C-12 Was Introduced
Canada’s asylum system has been under tremendous pressure for several years. The government contended that the structural reform was long overdue, given that there were nearly 300,000 asylum seekers in the queue at the start of 2026, and the Immigration and Refugee Board (IRB) had already completed more than 102,500 decisions in the previous fiscal year, despite an increase in the inventory.
The government stated that the new rules will ease the strain on the asylum system, prevent it from being overwhelmed by large numbers of claims, close loopholes, and discourage asylum seekers from using the asylum process as a means to regular immigration. Critics, including the Canadian Association of Refugee Lawyers and the United Nations Human Rights Committee, have argued that these reforms could plunge vulnerable people back to harm and may infringe on Canada’s international human rights obligations.
Bill C-12 was a development of the previous Bill C-2, which attracted strong opposition over concerns about refugee protections. In October 2025, Bill C-12 was introduced as a targeted amendment to specific parts of C-2. It kept many of the most debated provisions.
The Four Key Areas of Change
The reforms of Bill C-12 have been categorized by IRCC into four main domains: asylum claim eligibility, asylum processing, domestic information sharing, and government authority over immigration documents.
- Asylum Claim Eligibility: The New Bars
The most effective change for those currently living in Canada. Two new rules are added to the law to prevent certain refugee claims from being referred to the IRB.Asylum claims filed more than one year after the first entry into Canada after June 24, 2020, will not be referred to the IRB. The law is clear that later entries and exits do not reset this clock. Those who arrived in Canada in 2021, stayed for even a brief period, and then returned again, are still counted as arriving on their original date of entry.The second rule applies to those who cross the border irregularly. If the person entered Canada between official ports of entry on the land border between Canada and the United States but waited more than 14 days to file a claim, the claim will not be referred to the IRB.Both bars are retroactive. They apply to claims that were made on or after June 3, 2025, as well as to claims that had already been referred to the Refugee Protection Division. Neither bar applies to unaccompanied minors.Claimants under either bar do not get an IRB hearing and are diverted to the Pre-Removal Risk Assessment process. The PRRA is a paper-based assessment managed by IRCC and does not include an oral hearing, an independent tribunal structure, or an administrative appeal system, as with the IRB. - Asylum Processing: Streamlining the SystemIn addition to eligibility, Bill C-12 provides for improvements to claim processing after a claim enters the system. The government has said it will update the Immigration and Refugee Protection Regulations in the coming months after Royal Assent to make the online application process easier, remove duplicate questions and only refer claims submitted by those applications that are complete and “schedule-ready” to the IRB.An important change to the procedure is that the IRB will only consider claims when the person making them is physically in Canada. If a claimant is found to have voluntarily returned to the country of alleged persecution prior to the IRB decision, their claim will be considered abandoned. Also, the removal order will now come into force on the date the claim is withdrawn, speeding up departures.
- Domestic Information Sharing
Bill C-12 also broadens the government’s capacity to share information across the different federal departments and agencies. This is described as a means to enhance the system’s integrity and efficiency and to better coordinate immigration and border security functions.This expansion has been called into question by privacy advocates, particularly regarding the protection of vulnerable communities. The law grants the government new authority to share immigration information more broadly across departments, which legal observers are still evaluating. - Government Authority Over Immigration Documents
The law also expands the government’s authority to revoke, suspend and modify immigration documents. These powers have been criticized for not being sufficiently guarded against discrimination or abuse because they are made without the same procedures used in making such decisions.
What Has Happened Since Royal Assent
The rate of implementation following Royal Assent has historically been unprecedented. People were already receiving Procedural Fairness Letters stating they were ineligible for their claims within two or three days of the legislation becoming law. IRCC confirmed that some 30,000 claimants were impacted.
IRCC also introduced a temporary public policy on the same day as Royal Assent to address a work-authorization gap created by the new law. Normally, if a claimant is not eligible for the IRB, they do not have any work authorization and wait for CBSA to send them a letter of eligibility for PRRA. These people will be eligible to apply for or renew open work permits while this process is ongoing.
Who Should Pay Close Attention
Several groups should treat this development as directly relevant to their situation.
People who arrived in Canada after June 24, 2020, but have not yet made a refugee claim, should be aware that the one-year period available for a refugee claim has expired. Their pathway now runs through the PRRA process.
If a person has received or is expected to receive a Procedural Fairness Letter, they have an active claim with response requirements.
Also, those who crossed irregularly from the United States and waited more than 14 days to file a claim will be barred from the IRB and diverted to the PRRA process.
Former international students and temporary foreign workers whose status has expired in Canada should also evaluate how, and whether, these changes may impact their current or future claims.
The Bigger Picture
Canada continues to have legal obligations under international refugee law, including the 1951 Refugee Convention. While the PRRA process provides protection, the government has stated that the changes comply with Canada’s obligations. The new system, however, is subject to legal challenges, and the judiciary may yet issue a ruling on whether it complies with international and constitutional requirements.
For now, the law is in force, enforcement is active, and the implications for tens of thousands of people are real and immediate.
Frequently Asked Questions
- When exactly did Bill C-12 become law, and when do its new eligibility rules apply from?
Bill C-12 received Royal Assent on March 26, 2026. However, the two new eligibility bars apply retroactively to claims made on or after June 3, 2025, including claims already before the Refugee Protection Division at that time. - Does Bill C-12 affect people who entered Canada before June 24, 2020?
The one-year bar specifically applies to people whose first entry into Canada after June 24, 2020, was more than one year before the date of their claim. If your first entry was before that date, this particular bar does not apply to you, though other eligibility rules under the Immigration and Refugee Protection Act may still be relevant. - Is the PRRA really less protective than an IRB hearing?
The PRRA is a paper-based assessment by an IRCC officer, without the independent tribunal structure, oral hearings, or administrative appeal rights that characterize the IRB. Many refugee legal advocates consider it to offer reduced procedural protections, and the Canadian Association of Refugee Lawyers has raised formal objections to its use as a replacement for IRB hearings. - What is a Procedural Fairness Letter, and what should I do if I receive one?
A Procedural Fairness Letter is IRCC’s way of notifying you that it is considering finding your claim ineligible and giving you an opportunity to respond before a final decision is made. You should seek legal assistance immediately and respond within the stated deadline with clear, substantive submissions about your circumstances. - Has Canada faced international criticism for these changes?
Yes. The United Nations Human Rights Committee has publicly expressed concern that Bill C-12 may weaken refugee protection. It called on Canada to ensure all persons seeking international protection have access to fair and efficient procedures with necessary safeguards. - Can I still access a work permit while waiting for my PRRA? IRCC introduced a temporary public policy alongside Bill C-12, allowing foreign nationals with ineligible claims to obtain or maintain open work permits until their PRRA notification from CBSA. This policy is intended to bridge the gap in work authorization created by the new ineligibility rules.
