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Navigating Bill C-12: Refugee Eligibility and Practitioner Strategies

Bill C-12 has rewritten Canada's refugee eligibility rules — this course shows you what changed and what to do about it.

  • Instructor

Chantal Desloges

  • Date

  • Price

$90

  • Duration

3 hours

  • Format

Attend Live Online and On-Demand Recording

Summary

Bill C-12, the Strengthening Canada's Immigration System and Borders Act, represents the most significant overhaul of Canada's refugee determination system since the early 2000s. Passed by Parliament and now in force, the Act introduces two new categorical ineligibility rules — the one-year rule and the 14-day rule — that remove access to the Immigration and Refugee Board for a broad class of claimants and redirect them to the Pre-Removal Risk Assessment process. The legislation also grants Cabinet sweeping new powers to cancel, suspend, or vary immigration documents on a mass basis. This course provides immigration lawyers and consultants with a detailed, legally grounded analysis of the amendments, their impact on clients across claimant categories, and the strategic options available under the new framework.

What you'll learn

  • The two new ineligibility rules under Bill C-12 — who is caught, when the clock starts, and why first entry date is determinative.
  • The difference between RPD access and the PRRA process, and what that means for how you build your client's case.
  • Cabinet's new mass document powers — what they can and cannot do, and the compliance implications for clients with temporary status.
  • How to identify the right pathway for ineligible clients, including PRRA strategy, H&C applications, and judicial review options.
  • How Bill C-12 changes the eligibility framework under IRPA ss. 100–101 and what practitioners need to update in their intake and assessment process.

Course outline

  • Introduction and Legislative Context
    • Course objectives and overview
    • Bill C-12 introduced October 3, 2025; passed the House December 23, 2025 after six-week committee study; currently before the Senate
    • Government’s stated rationale: relieving IRB backlog, deterring asylum system misuse, responding to irregular border crossings
    • Key resources: LEGISinfo (parl.ca), IRCC CIMM briefing (canada.ca), Charter Statement (Department of Justice), CBA Immigration Law Section submission
  • The Two New Ineligibility Rules
    • The one-year rule: asylum claims made more than one year after first entry into Canada (post June 24, 2020); applies to all temporary residents regardless of status or subsequent travel
    • The 14-day rule: irregular entrants from the United States who claim more than 14 days after entry between ports of entry
    • Effect: claim not referred to the IRB; claimant redirected to PRRA; most exposed groups: international students, TFWs, visitors who delay; irregular US entrants
    • CBA critique: one-year clock starts from first entry (not most recent); replaces individualized assessment with categorical bar; raises Charter concerns
  • Processing Reforms: Scheduling-Ready Files and System Efficiencies
    • “Scheduling-ready” requirement: only complete, verified files referred to the IRB; IRCC and CBSA may fully review claims before referral
    • Single standardized online application with prescribed timelines; replaces multiple forms and interviews
    • IRB loses jurisdiction when claimant is no longer in Canada; removal orders effective same day a claim is withdrawn; designated representatives clarified for minors and vulnerable claimants
  • Document Control: Mass Ministerial Powers and HR Implications
    • Cabinet (Governor in Council) may mass cancel, suspend, or vary immigration documents; stop accepting new applications for any document class
    • Envisioned uses: national security, public health emergencies, surges; cannot block asylum access or affect status; Cabinet oversight required
    • HR implications: employers must immediately verify right-to-work if a Cabinet Order affects a class of work permits; continued employment without valid authorization creates IRPA liability
    • Practical advice: monitoring protocols, rapid-response checklists, referral pathways to immigration counsel
  • Comparative Analysis: Current IRPA vs. Bill C-12
    • IRPA ss. 100–101 before and after: delay alone previously could not bar access to the RPD; new categorical ineligibilities change this fundamentally
    • Inland vs. port-of-entry claims; impact by claimant type; interaction with Safe Third Country Agreement; winners and losers under the new framework
    • Previously removed or out-of-status individuals; late claimant considerations; document cancellation scenarios
  • Alternatives for Ineligible Claimants
    • Pre-Removal Risk Assessment (PRRA): preserved for both ineligibility groups; paper-based, assessed by IRCC officer; stays removal if filed within regulatory timelines; historically far lower approval rate than RPD — evidence quality is critical
    • Humanitarian & Compassionate (H&C) applications (IRPA s. 25): does not automatically stay removal; processing 2+ years; can run concurrently with PRRA
    • Federal Court judicial review; urgent stays of removal; strategic advice: identify ineligibility at first consultation, begin PRRA strategy immediately, refer to immigration counsel
  • Scenario-Based Analysis
    • Scenario A — International student in Canada since 2022, claiming in 2026: one-year rule applies; pathway is PRRA
    • Scenario B — Irregular US entrant who waited 20 days to claim: 14-day rule applies; PRRA pathway; interaction with Safe Third Country Agreement
    • Scenario C — Visitor who filed within three months of entry: neither rule applies; eligible for IRB referral subject to scheduling-ready requirements
    • HR practitioner obligations; when to refer to immigration counsel; documenting affected employees’ status under C-12

CPD credits

For Lawyers and Paralegals

Law Society of Ontario

  • Substantive Hours: This program is eligible for up to 3 hours.

Law Society of British Columbia

  • Approved for 3 CPD credits.

Law Societies of Alberta, Manitoba, Newfoundland and Nova Scotia

  • For members of these Law Societies, consider including this course as a CPD learning activity in your mandatory annual requirements

For Regulated Canadian Immigration Consultants and RISIAs

College of Immigration and Citizenship Consultants

  • Approved for 3 CPD credits.
  • Video recording valid until July 15, 2027

Passes

This course is included in the following passes:

Annual Membership

$800
Learn more

Fulfill your CPD requirements with our expertly curated passes. Dive deep into specialized topics or explore a wide range of courses—all in one convenient package. Learn more.

Your Instructors

Chantal Desloges

Chantal Desloges

Law Firm Principal/Senior Lawyer

Chantal Desloges is certified by the Law Society of Ontario as a Specialist in both Citizenship/Immigration law and Refugee law. Her practice encompasses every possible area of Canadian citizenship, immigration and refugee law, such as business class applications, skilled workers, family sponsorships, work and study permits, refugee cases, citizenship applications, plus Appeals and Judicial Reviews of refused cases. She was called to the Bar of Ontario in 1999 and is the founding and senior partner of Desloges Law Group.

Chantal taught Immigration Law at Osgoode Hall Law School in 2000/2001. She also taught in the Immigration Practitioner Certificate Programme at Seneca College from 1999 – 2010 and the Immigration Consultant Diploma at Herzing College from 2015 – 2018. She currently teaches a number of continuing professional development programs for LPEN, IMEDA and the Ontario Bar Association, among others.

In November, 2016, Chantal and her good friend Cathryn Sawicki published the Canadian Immigration and Refugee Law: A Practitioner’s Handbook. Chantal has been called upon 15 times by Parliamentary and Senate Committees to appear as an expert witness on immigration and refugee issues.

In 2012, Chantal was awarded the Queen’s Diamond Jubilee Medal, followed by the Canadian Bar Association Young Lawyers’ Pro Bono award. In 2013, Chantal was appointed by the Minister of Justice to serve on the Federal Court Rules Committee, and was reappointed for a further term in 2016. In 2014, Chantal was also elected to the Executive of the Canadian Bar Association, Immigration Section, where she served until 2018.

Chantal is a regular immigration commentator on CTV Power Play, and has been interviewed by both national and local television stations such as CBC, CTV National News, W5, Canada AM, Global News and CP24. She has also been interviewed and quoted in national and local newspapers such as the Toronto Star, Toronto Sun, Globe and Mail, National Post and the Ottawa Citizen.

Frequently asked questions

Have questions? We’re here to help. Check out our FAQs to learn more about this Course.

Absolutely. Every LPEN course is recorded, and the recording is added to your account within a few business days. You can log in anytime to watch it on demand and still receive your digital certificate of completion.

LPEN seeks accreditation for each course from the College of Immigration and Citizenship Consultants (CICC) and the Law Society of Ontario (LSO),the Law Society of BC (LSBC) when applicable. Accreditation details and approved CPD hours are listed in the CPD Credits section on each course page, so you can easily confirm how the course qualifies toward your professional development requirements.

A digital certificate of completion will be available once the course recording has been uploaded. After that, you can follow the steps at the top of your My Courses page—where you’ll also find a short video explaining how to download your certificate. Be sure to save it as part of your documentation for your CPD hours.

This course may be included in one or several LPEN Passes. Passes offer discounted rates and access to multiple courses, making CPD compliance simpler. Check out our Passes page to see where it is included.

You don’t need to create an account separately. When you register for a course or pass, an account is automatically created during checkout. You’ll be asked to enter your email address and set a password—these will be your login details for future access.

Single course
$90

What is included

  • Attendance at the live webinar
  • Access to recorded webinar until December 31, 2027 for the purchaser
  • Eligible for CPD Credits / Hours (listed under CPD Credits)
  • Certificate of Completion
Enrol in this course
Or with a pass

Annual Membership

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