Bill C-12 Receives Royal Assent, Overhauling Canada’s Immigration and Asylum Framework
On March 26, 2026, Bill C-12 became law in Canada, introducing stricter eligibility rules for asylum claims, modernizing the refugee determination process, and expanding information-sharing powers for Immigration, Refugees and Citizenship Canada (IRCC).
Bill C-12, officially known as the Strengthening Canada’s Immigration System and Borders Act, received royal assent on March 26, 2026. The legislation introduces significant changes to how asylum claims are processed, expands domestic information-sharing authorities, and grants the government new powers to manage immigration documents.
New Eligibility Requirements for Asylum Claims
The act establishes new eligibility criteria that apply to all asylum claims made on or after June 3, 2025. Under these rules, claims will not be referred to the Immigration and Refugee Board of Canada (IRB) if they are made more than one year after a person’s first entry into Canada following June 24, 2020. Additionally, individuals who enter Canada between ports of entry along the Canada-US land border and make an asylum claim more than 14 days after their irregular entry will also have their claims excluded from IRB referral.
Despite these restrictions, individuals affected by the new eligibility rules retain access to a pre-removal risk assessment (PRRA). The Safe Third Country Agreement remains unchanged; consequently, claims made at ports of entry or within 14 days of irregular entry continue to result in return to the United States unless a specific exception applies.
Modernized Asylum Process
Bill C-12 aims to streamline the asylum system through several procedural updates. These include simplifying online applications, ensuring only complete claims are referred to the IRB, and requiring claimants to be physically present in Canada for decisions to be rendered. If a claimant voluntarily returns to their country of alleged persecution before an IRB decision is issued, their claim is considered abandoned. Furthermore, removal orders now become effective on the same day a claim is withdrawn, a measure designed to speed up voluntary departures.
Expanded Information-Sharing Authorities
The legislation grants Immigration, Refugees and Citizenship Canada (IRCC) legal authority to share identity, status, and document information with federal, provincial, and territorial partners through written agreements. However, provinces and territories are prohibited from sharing IRCC client information with other countries without IRCC’s written permission and compliance with international obligations. To protect privacy, a privacy impact assessment (PIA) must be completed within IRCC for any new use of personal information under these expanded sharing authorities.
New Powers Over Immigration Documents
The government has been granted new powers to cancel, suspend, or change large groups of immigration documents, or pause application intake, if deemed in the public interest. Such decisions require approval by the Governor in Council through an order in council recommended by Cabinet. Notably, these new document management authorities do not affect asylum claims and do not grant power to revoke permanent or temporary resident status.