Refugee and Asylum Claims in Canada: What Changed in 2026

The short version

On March 26, 2026, the Strengthening Canada's Immigration System and Borders Act (Bill C-12) became law. It added two new reasons a claim for refugee protection can be ineligible to be referred to the Immigration and Refugee Board of Canada (IRB). New regulations that took effect on November 3, 2026 changed how asylum claims are made and processed.

The government says the new eligibility rules apply to claims made on or after June 3, 2025. If you are thinking about making a claim, or you made one recently, check these rules against your own dates before you do anything else.

Two new reasons a claim can be ineligible

Under section 101(1) of the Immigration and Refugee Protection Act (IRPA), a claim is ineligible to be referred if:

• The claim is made more than one year after the person's first entry into Canada after June 24, 2020, even if the person left and came back. The one-year period starts the day after the first entry (IRPA ss. 101(1)(b.1) and 101(1.1)).
• The person entered Canada between ports of entry along the Canada–US land border (including the waters along or across it) and made the claim after 14 days (IRPA s. 101(1)(b.2)).

Note: the government's own pages word the 14-day cut-off slightly differently ("more than 14 days" in one place, "14 days or more" in another), so the exact day matters and should be confirmed for your case.

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 (IRPR s. 159.001).
• A claimant who is under 18 at the time of the claim and has no parent, or adult legally responsible for them, in Canada is exempt from both new rules (IRPR s. 159.002).

What happens if a claim is ineligible

If an officer finds a claim ineligible, the claim is not referred to the IRB and the officer terminates its processing (IRPA s. 101(1.2)). The government says that in most cases people affected by these rules still have access to a pre-removal risk assessment (PRRA). Other options, such as a humanitarian and compassionate application, may also be available, subject to their own rules and waiting periods. Read our guide to H&C and PRRA.

The new asylum process (from November 3, 2026)

• A single online application: claimants first answer questions in the IRCC Portal to say they intend to make a claim, then attend an in-person appointment with an officer, where they formally make the claim.
• 60 days to provide the completed application and required documents after the claim is found eligible to be referred to the IRB, with a one-time 30-day extension if requested before the deadline.
• A time limit of 365 days for the Minister's further review of the claim after receiving all required documents, with a longer period only if operational limits make that impossible.
• Clearer rules on abandoned and withdrawn claims, including when the Minister may reinstate a withdrawn claim.
• The Refugee Protection Division's basis of claim information now replaces the former Basis of Claim Form, and changes after referral must be received no later than five days after the claimant receives a notice to appear.
• Work permit eligibility is tied to having a claim found eligible for referral and a complete application, or a claim that has been referred but not yet decided.
• Designated representatives must be appointed in specified cases and their duties and the end of the appointment are now set out in the regulations.

The Safe Third Country Agreement

IRCC says nothing changes in practice for people subject to the Canada–US Safe Third Country Agreement and its Additional Protocol. The regulations clarify that, under the new process, the 14-day period under the Additional Protocol 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 on constitutional grounds. We are not aware of a ruling on the merits as of the date above, so the rules apply while the challenges go forward. Anyone affected should get advice quickly, because deadlines to challenge a decision are short.

What to do now

• Write down the exact date you first entered Canada, and every later entry.
• Note how you entered: at a port of entry, at an airport, or between ports of entry along the land border.
• Keep copies of identity and travel documents, and any confirmation from the IRCC Portal.
• Do not miss a deadline from IRCC, the CBSA or the Immigration and Refugee Board. Deadlines can be short.
• Speak to a lawyer early, before you submit or change anything.

How we can help

We advise on refugee and asylum matters, including eligibility questions, documents, pre-removal risk assessments and humanitarian applications. We cannot promise any outcome, because the decision belongs to the immigration authorities and the IRB. Call (289) 652-0529 or book a consultation.

This page is general information and not legal advice. Sources: IRCC, Changes to Canada's asylum process in 2026; IRPA sections 100 and 101; Regulations SOR/2026-218 and Rules SOR/2026-219 (Canada Gazette, Part II, November 4, 2026). Laws and policies change often, so check current IRCC information.

Frequently asked questions