Bill C-12's Nearing Royal Assent and Refugee Claim Eligibility

[dao.c]

With Bill C-12 nearing Royal Assent, individuals considering a refugee claim should understand how the amendments affect eligibility under the Immigration and Refugee Protection Act (IRPA).

Under the current version of the Immigration and Refugee Protection Act, section 101(1) lists specific grounds that make a refugee claim ineligible for referral to the Refugee Protection Division (RPD). As it stands, section 101(1) does not include a filing deadline based on how long someone has been in Canada.

Bill C-2, introduced in the House of Commons on June 3, 2025, proposes amendments to section 101(1) of IRPA. It adds paragraph 101(1)(b.1), paragraph 101(1)(b.2), and subsection 101(1.1).

• New paragraph 101(1)(b.1) would make a claim ineligible if the claimant entered Canada after June 24, 2020 and made their claim more than one year after the day of entry.
• New paragraph 101(1)(b.2) would make a claim ineligible if the person entered Canada from the United States at a land border outside a port of entry and made the claim after the time limit set out in subsection 159.4(1.1) of the Immigration and Refugee Protection Regulations.
• New subsection 101(1.1) clarifies that if a person has multiple entries after June 24, 2020, the one-year period in paragraph 101(1)(b.1) is calculated from the day after their first entry.

Bill C-12 contains the transitional provision that determines when these new ineligibility grounds apply. Clause 75 of Bill C-12 states that paragraphs 101(1)(b.1), 101(1)(b.2), and subsection 101(1.1) do not apply to claims made before the day Bill C-2 was introduced in the House of Commons. That introduction date is June 3, 2025. Clause 75 further provides that these provisions do apply to claims made on or after June 3, 2025 and before the day Bill C-12 receives Royal Assent.

This means the legally relevant transitional date is June 3, 2025, not the Royal Assent date of Bill C-12. A person who entered Canada on January 1, 2024 and filed a refugee claim on May 15, 2025 made their claim before June 3, 2025. Under Clause 75, the new paragraph 101(1)(b.1) would not apply to that claim, even though it was filed more than one year after entry.

By contrast, if a person entered Canada on January 1, 2024 and filed a refugee claim on July 15, 2025, the claim was made after June 3, 2025. Under Clause 75, the new paragraphs 101(1)(b.1) and 101(1)(b.2), as well as subsection 101(1.1), would apply once Bill C-12 receives Royal Assent. Because the claim was made more than twelve months after first entry, it could be found ineligible under paragraph 101(1)(b.1).

Eligibility determinations are made by officers under sections 100 and 101 of IRPA, within IRCC or CBSA. If a claim is found ineligible under the amended section 101(1), it is not referred to/deferred from (needs confirmation) the Refugee Protection Division. In that situation, the person may still have access to a Pre-Removal Risk Assessment (PRRA), which is a separate protection process.

Anyone assessing their situation should carefully compare three dates: their first entry into Canada after June 24, 2020, the date they made or intend to make their refugee claim, and June 3, 2025, the introduction date of Bill C-2 referenced in Clause 75 of Bill C-12.

I AM NOT A LAWYER, ALWAYS DO YOUR OWN RESEARCH AND CONSULT A LAWYER BEFORE MAKING DECISIONS.

Sources:
The Immigration and Refugee Protection Act: https://laws.justice.gc.ca/PDF/I-2.5.pdf (Accessed: March 4th 2026)
BILL C-2: https://www.parl.ca/Content/Bills/451/Government/C-2/C-2_1/C-2_1.PDF (Accessed: March 4th 2026)
BILL C-12: https://www.parl.ca/Content/Bills/451/Government/C-12/C-12_3/C-12_3.PDF (Accessed: March 4th 2026)

 

[mashah2025]

When is the 3rd reading of bill C-12 in the senate?

 

[Buletruck]

When is the 3rd reading of bill C-12 in the senate?

Doesn't seem to be scheduled yet. The two committees submitted their recommendations to the senate, but no scheduled final reading yet. The senate security committee has recommended the bill as is, without the previous committees recommendations. Looks like it'll pass....eventually as submitted.