Canada's 2026 Asylum Changes: What Claimants Should Know

Canada's asylum system changed in 2026. A new law added two reasons a refugee claim can be ineligible to go to the Immigration and Refugee Board (IRB), and new regulations changed how claims are made and processed. This is a plain-language summary based on IRCC's announcements, the Immigration and Refugee Protection Act (IRPA) and the Canada Gazette. It is not advice about any particular case.

Timeline

• June 3, 2025: IRCC says the new eligibility rules apply to claims made on or after this date.
• March 26, 2026: Bill C-12, the Strengthening Canada's Immigration System and Borders Act, receives royal assent and becomes law.
• November 3, 2026: regulations modernizing the asylum process take effect.
• November 4, 2026: the regulations and the updated Refugee Protection Division Rules are published in the Canada Gazette, Part II.

The two new ineligibility rules

Section 101(1) of the IRPA now says a claim is ineligible to be referred to the Refugee Protection Division if:

1. the person entered Canada after June 24, 2020 and made the claim more than one year after the day of entry (paragraph (b.1)); or
2. the person entered between ports of entry along the Canada–US land border and made the claim after the time limit in the regulations, which is 14 days (paragraph (b.2)).

If a person entered Canada more than once after June 24, 2020, the one-year period starts the day after the first entry (section 101(1.1)). If a claim is ineligible, the officer must terminate its processing (section 101(1.2)).

Exceptions

• A person who, within one year after entering Canada, submits documents or provides information to the Minister with a view to making a claim inside Canada is exempt from the one-year rule (Regulations, s. 159.001).
• A claimant who is under 18 and has no parent, or adult legally responsible for them, in Canada is exempt from both rules (s. 159.002).

What happens to ineligible claimants?

The claim does not go to the IRB. The government says that in most cases people affected by the new rules still have access to a pre-removal risk assessment (PRRA). See our guide to H&C and PRRA.

The new process in brief

• One online application: a claimant first states their intention in the IRCC Portal, then attends an in-person appointment with an officer to formally make the claim.
• 60 days (plus a one-time 30-day extension on request) to provide the required documents after the claim is found eligible to be referred.
• A 365-day limit on the Minister's further review of the claim, with firmer rules on abandoned and withdrawn claims.
• Designated representatives for people under 18 who are unaccompanied, and for adults who cannot appreciate the nature of the proceeding.

Safe Third Country Agreement

IRCC says there is no change in practice for people subject to the Safe Third Country Agreement. The 14-day period under the Additional Protocol now starts when the person submits the online application to say they intend to make a claim.

Court challenges

The two new ineligibility rules are being challenged in the Federal Court. We are not aware of a decision on the merits as of November 6, 2026, so the rules apply while the cases continue.

What to check

• The exact date you first entered Canada after June 24, 2020, and any later entries.
• How you entered: port of entry, airport or between ports of entry.
• Whether you have submitted anything through the IRCC Portal, and when.
• Any deadline from IRCC, the CBSA or the IRB.

Talk to us

We advise on refugee and asylum matters in English, Urdu, Hindi and Punjabi. See our full page on refugee and asylum claims: what changed in 2026, our immigration law page, or call (289) 652-0529.

DISCLAIMER: This article is general information about Ontario and federal law, not legal advice, and no lawyer-client relationship is created by reading it. Laws change and every situation is different, so speak with a lawyer about yours.