Bill C-12 has significantly changed the eligibility rules for asylum claims in Canada, with a retroactive effect impacting tens of thousands of people already present in the country. If you have been in Canada for more than one year without having filed your claim, your situation may have changed.
Understanding quickly whether Bill C-12 applies to you, and what recourses remain available, can make a decisive difference in your immigration file.
Key Takeaways
- The Act respecting the strengthening of the immigration and border system of Canada (Bill C-12) has been in force since March 26, 2026
- Asylum claims filed more than one year after entry into Canada (for individuals who entered after June 24, 2020) are deemed ineligible if they were submitted after June 3, 2025
- Thousands of asylum seekers are currently affected by these new provisions
- A finding of ineligibility does not mean automatic removal: a Pre-Removal Risk Assessment (PRRA) generally remains an available recourse for affected individuals
- If you believe you are affected by this legislative change, it is strongly recommended that you consult an immigration lawyer without delay
What Bill C-12 Changes for Asylum Seekers
Bill C-12 introduces two new ineligibility conditions that significantly restrict access to Canada's asylum system. These new rules do not apply only to future claims, they also affect files already submitted, which is the most concerning aspect of this legislative reform.
The One-Year Deadline: Who Is Affected?
According to IRCC, asylum claims filed more than one year after first entering Canada are not referred to the Immigration and Refugee Board of Canada (IRB). This rule applies to individuals who entered Canada after June 24, 2020, even if they left the country and have since returned (Source: IRCC, Canada.ca, March 26, 2026).
The rule applies to international students, temporary residents, and foreign workers in the same way as to any other individual. Legal status during their stay does not exempt anyone from this condition.
The 14-Day Rule for Land Border Entries
A second ineligibility condition applies to individuals who crossed the Canada–U.S. border between official ports of entry. If the asylum claim was filed more than 14 days after this irregular entry, it will not be referred to the IRB (Source: IRCC, Canada.ca, March 26, 2026).
Note: the Safe Third Country Agreement (STCA) with the United States remains in force alongside these new rules.
Retroactive Application: Why Already-Filed Claims Are Affected
This is the most critical aspect of Bill C-12. The new ineligibility conditions apply to all claims submitted since June 3, 2025, the date of the initial filing of Bill C-2 (the predecessor to C-12). In other words, a claim filed in October 2025 by a person who had been in Canada for two years is deemed ineligible, even if it was valid at the time it was filed.
Thousands of asylum seekers are currently affected.
How to Know if Your Asylum Claim Is Ineligible Under Bill C-12
Your situation under Bill C-12 depends on two variables: your date of entry into Canada and the date you filed your asylum claim. The table below allows you to quickly identify your situation.
| Date of Entry into Canada | Date of Asylum Claim | Status Under Bill C-12 |
|---|---|---|
| Before June 24, 2020 | Any date | Not subject to the one-year deadline rule |
| After June 24, 2020 | Before June 3, 2025 | Not affected (former rules apply) |
| After June 24, 2020 | After June 3, 2025 and within one year of entry | Eligible |
| After June 24, 2020 | After June 3, 2025 and more than one year after entry | Ineligible |
Exempted Situations
Bill C-12 provides an explicit exemption for unaccompanied minors, due to the absence of a legal guardian (Source: IRCC, Canada.ca, March 26, 2026). Directives are in place to ensure officers take their particular circumstances into account.
Claim Deemed Ineligible: What Recourses Are Available to You?
A finding of ineligibility does not automatically result in immediate removal from Canada. In certain cases, the person may be assessed through a Pre-Removal Risk Assessment (PRRA), provided for under the Immigration and Refugee Protection Act (IRPA).
The Pre-Removal Risk Assessment (PRRA)
The PRRA is a procedure designed to ensure that a person is not removed to a country where they would be exposed to persecution, torture, or cruel treatment.
It is important to understand that a PRRA cannot be requested freely: it is the Canada Border Services Agency (CBSA) that notifies you of your eligibility and provides you with the application form. If your PRRA application is deemed eligible by the CBSA, a stay of removal may generally take effect during the processing of the file, subject to the deadline indicated in the notice received. (Source: IRCC, Guide 5523, Canada.ca).
If the PRRA decision is favourable, you obtain protected person status and may apply for permanent residence. In the event of a refusal, it is possible to seek judicial review before the Federal Court. However, an application for judicial review does not, on its own, result in a stay of the removal order. In most cases, the CBSA will proceed with removal planning following a negative decision, unless a stay is obtained from the Federal Court.
Administrative Stay, Judicial Stay, and Judicial Review
When a removal is imminent, two mechanisms can suspend its execution while a decision is pending: an administrative stay and a judicial stay. The first is granted by the CBSA as part of ongoing proceedings. The second is ordered by the Federal Court as part of a judicial review.
Why Acting Without Delay Is Crucial
In all of the recourses described above, time is a decisive factor. Procedural deadlines are short.
Bill C-12 is recent, and its application raises complex legal questions, particularly regarding its retroactive scope and its interactions with other provisions of the IRPA. A consultation with a lawyer admitted to the Barreau du Québec and specializing in immigration law can help determine precisely which recourses apply to your situation, within what deadlines, and with what reasonable chances of success.
Blain Avocats Is Here to Guide You
Established in Montreal since 1987, Blain Avocats supports asylum seekers, temporary residents, and immigrants at every stage of their Canadian immigration proceedings. Our team handles files involving asylum claims, humanitarian and compassionate considerations, and administrative or judicial stays.
If you believe you are affected by the new provisions of Bill C-12, we invite you to contact our firm for a consultation.
