On March 26, 2026, Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, received royal assent and became law. The legislation marks one of the most significant overhauls of Canada’s immigration and asylum framework in decades, introducing new eligibility restrictions for asylum claimants, a modernized asylum process, expanded domestic information-sharing authorities, and broader tools to manage immigration documents and applications.

Here is what immigration practitioners need to know.

New Asylum Eligibility Rules Now in Effect

The centrepiece of Bill C-12 is a set of new ineligibility rules that bar certain asylum claims from being referred to the Immigration and Refugee Board of Canada (IRB). Both rules apply to all claims made on or after June 3, 2025.

The two new grounds for ineligibility are:

• Asylum claims filed more than one year after a person’s first entry into Canada, where that entry occurred after June 24, 2020. This rule applies regardless of whether the claimant has since left and returned to Canada, and it captures temporary residents, students, and visitors alike.
• Asylum claims from individuals who entered Canada along the Canada-US land border between ports of entry and who made their claim more than 14 days after that entry.

Claimants found ineligible under either rule will not receive a full hearing before the IRB. They may, however, apply for a Pre-Removal Risk Assessment (PRRA), a process that considers risks a person would face upon removal and can still result in refugee protection being granted. IRCC has also confirmed that guidance will be provided to officers to consider the individual circumstances of unaccompanied minors given their lack of legal guardianship.

There is no change to the application of the Safe Third Country Agreement: people who make a claim at a port of entry along the Canada-US land border, or within 14 days of irregular entry, continue to be returned to the United States unless they qualify for an exception or exemption.

A Modernized Asylum Process

Over the coming months, Canada will update the Immigration and Refugee Protection Regulations to improve how asylum claims are received, processed, and decided. According to IRCC, these regulatory changes will simplify the online application process and reduce duplicate questions and forms. Only complete, scheduling-ready claims will be referred to the IRB going forward. Claims will also only be decided by the IRB while the claimant is physically present in Canada, and if a claimant voluntarily returns to their country of alleged persecution before a decision is made, their claim would be considered abandoned. The reforms also include provisions to appoint representatives to support vulnerable people, including minors, during IRCC and CBSA proceedings.

Domestic Information Sharing

Bill C-12 gives IRCC clear legal authority to share certain personal information within the department and with domestic government partners. Under the new authorities, IRCC may share identity, status, and document information with federal, provincial, and territorial partners through written information-sharing agreements. The law also makes it easier for IRCC to share client information between its own programs, for example, using permanent residence application data to process citizenship applications.

Built-in safeguards apply. Information can only be shared with partners that are legally permitted to collect it for specific purposes and that have clear written agreements in place. Provinces and territories cannot share this information with foreign entities without IRCC’s written permission and in compliance with Canada’s international obligations. Within IRCC, a privacy impact assessment must be completed for any new use of personal information.

New Tools to Manage Immigration Documents

The Government of Canada now has authority to cancel, suspend, or vary a group of immigration documents such as visas, electronic travel authorizations, and work and study permits, and to pause or cancel application processing, when doing so is in the public interest. Public interest grounds include fraud, administrative errors, and concerns for public health, safety, or national security. Each decision requires approval by the Governor in Council through an order in council recommended by Cabinet. Decisions must be published in the Canada Gazette and reported to Parliament.

Importantly, these authorities do not affect asylum claims and do not give the government power to grant, change, or revoke status such as permanent resident or temporary resident status.

What This Means for Practitioners

Refugee and immigration practitioners will need to assess client eligibility carefully under the new rules, particularly for anyone who entered Canada after June 24, 2020 and has not yet made a claim. Clients in this situation should be advised promptly about how the retroactive application to June 3, 2025 affects their options. The shift toward PRRA for ineligible claimants represents a significant change in the risk landscape for vulnerable clients.

Practitioners should stay closely informed as IRCC releases regulatory guidance and implementation details in the weeks ahead. The IRCC website will be the primary source for transition provisions and updated processing instructions.

Join Us: Navigating Bill C-12 — Refugee Eligibility and Practitioner Strategies

Now that Bill C-12 is law, understanding how to advise your clients under the new rules is essential. Join us on June 2, 2026 for Navigating Bill C-12: Refugee Eligibility and Practitioner Strategies, a 3-hour CPD course led by Chantal Desloges. The course provides a practical overview of the new refugee eligibility rules and what they mean for your practice. Register here.

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