One of the biggest changes in Canada’s refugee system in decades took effect on March 26, 2026, when Bill C-12, formally known as the Strengthening Canada’s Immigration System and Borders Act, received Royal Assent. The law had immediate, broad effects, many of which were often surprising to the thousands of people who had come to Canada months or years before filing a refugee claim.
If you or someone you know has been in Canada for more than a year without filing a refugee claim, this legislation matters significantly. Here is what you need to know.
What Bill C-12 Actually Does to Late Claims
The primary feature of Bill C-12 is the addition of two new eligibility requirements that limit the number of people whose refugee claims can be referred to the Immigration and Refugee Board (IRB). The first and most impactful rule targets people who waited too long to file.
Under the new law, an asylum claim will not be referred to the IRB if it is filed more than a year after a person’s first entry into Canada after June 24, 2020. This rule essentially applies even if the individual has left Canada and returned since their initial entry. In other words, if you exit and come back in later, the clock doesn’t reset.
The second requirement is aimed at individuals who moved across the land border between Canada and the United States between the official ports of entry but did not submit a refugee claim until after 14 days. For those individuals, their claim will also be barred from the IRB.
These rules are not only forward-looking. They are retroactively applicable to any claim made on or after June 3, 2025, including claims previously referred to the Refugee Protection Division (RPD). People in that situation have been receiving Procedural Fairness Letters from Immigration, Refugees and Citizenship Canada (IRCC), and the rate of enforcement has been astounding. Those letters were sent to the applicants within two to three days of Royal Assent.
Who Is Most Affected
The people directly affected by the one-year bar include former international students who graduated from Canadian universities and stayed while they were deciding which path to choose next, temporary foreign workers whose permits expired before they filed a claim, and individuals who were unaware of the one-year deadline because they did not receive any official correspondence.
It is also important to note that unaccompanied minors do not have to satisfy either of the new eligibility requirements, given their lack of legal guardianship. However, the consequences apply to adults regardless of the circumstances that caused the delay.
The scale of impact is substantial. Since the Royal Assent, IRCC has stated that they issued around 30,000 Procedural Fairness Letters with regard to the new requirements.
What Happens When a Claim Is Barred
If you are found ineligible under Bill C-12, it does not imply removal from Canada. Rather than facing a hearing before the IRB, affected individuals are diverted to the Pre-Removal Risk Assessment (PRRA) process, which is administered by IRCC and not an independent tribunal.
The PRRA is a written evaluation conducted by an IRCC officer. In contrast to the IRB, there is no guaranteed oral hearing, no right to call witnesses, and no administrative appeal of the result. This points to a significant reduction in the procedural protections for many claimants and refugee advocates.
The approval of the PRRA may lead to refugee protection. If it is denied, there may be the possibility of a Federal Court judicial review (though there are strict and short deadlines). Failure to do so may jeopardize the right to challenge the decision within the set deadlines.
The Work Permit Gap
A practical concern that became apparent in the days immediately after Bill C-12 was passed was the time lag between an ineligibility decision and formal notification from the PRRA.
A work permit tied to a PRRA application is only available following a formal CBSA notification that the individual may apply. This created a gap period during which claimants were unable to work legally and to receive a PRRA notification. To accommodate this, IRCC implemented a temporary public policy for foreign nationals whose applications for status were deemed disqualifying, granting them open work permits during this transition period. This measure will ensure that no one faces financial hardship or pressure on provincial social services during the period that PRRA applications are being considered.
What This Means Practically
If anyone entered Canada after June 24, 2020, and has not yet filed a claim, the window to access a full IRB hearing has elapsed if more than a year has passed since that entry. It is crucial to act promptly, but it is also important to understand that the way forward is now through the PRRA process.
The deadline for the response is brief for those who have already filed and received a Procedural Fairness Letter. Seeking legal advice at this stage is advisable. The letter may request documents that must be submitted prior to the final determination of ineligibility, and the quality of the documents can be a determining factor.
Bill C-12 continues to be the subject of legal challenges. Charter arguments have been raised by the Canadian Association of Refugee Lawyers and other organizations, claiming that the law could be seen as infringing upon the right to life, liberty and security of the person under Section 7. The United Nations Human Rights Committee has also been concerned with the legislation potentially undermining refugee protection.
Frequently Asked Questions
- If I arrived in Canada in 2021 and have not filed a refugee claim, am I permanently barred from refugee protection?Under Bill C-12, your claim cannot be referred to the IRB if more than one year has passed since your first entry after June 24, 2020. You may still be eligible for a PRRA once referred by CBSA, which can result in protection being granted.
- Does leaving Canada and coming back give me a fresh one-year window to file?No. The one-year clock runs from your first entry into Canada after June 24, 2020, regardless of any subsequent departures or re-entries. The law explicitly accounts for this scenario.
- What is the PRRA, and is it as protective as an IRB hearing?The PRRA is a paper-based risk assessment conducted by an IRCC officer. It lacks the oral hearing, witness rights, and independent appeal mechanisms of the IRB process and is considered by many refugee advocates to offer reduced procedural protections.
- My claim was already filed and referred to the RPD. Can it still be cancelled?
Yes. The new eligibility bars apply retroactively to claims made on or after June 3, 2025, including claims already referred to the RPD. If you received a Procedural Fairness Letter, your claim may be redirected to the PRRA process. - Are there any exceptions to the one-year bar for vulnerable individuals?Unaccompanied minors are explicitly exempt. Beyond that, there are no broad humanitarian exceptions listed in the legislation, though legal challenges are ongoing regarding the law’s constitutionality.
- Can I work in Canada while my PRRA application is being processed?IRCC introduced a temporary public policy allowing ineligible claimants to obtain open work permits during the transitional period before PRRA notification. Once CBSA formally notifies you of PRRA eligibility, you can apply for a work permit tied to that process.
