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.

 

[Harun2026]

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.

 

[Harun2026]

I submitted my asylum claim on late June 2025 (after C-2 intro date). Here’s what has happened so far:

July 2025 – CBSA interviewed me, found me eligible, and formally referred my claim to the IRB. I received brown paper, work permit, etc.
Feb 19, 2026 – My background check was completed (shown on the portal).
Feb 27, 2026 – Portal updated the background check date, status stayed the same.
Mar 05, 2026 – Portal updated the background check date, status stayed the same.
Mar 10, 2026 – I received a disclosure letter from ICAC stating my claim is less complex and there will be no ministerial intervention.

My concerns are:
I have been living in Canada for more than one year. Due to recent changes in my home country, which directly affected me, I decided to submit an asylum claim. But, the upcoming Bill C-12 introduces a one-year bar for asylum claims and is about to become law.

According to Part 8 and the transitional provisions, the focus is primarily on pre-referral stage (claims that haven’t been sent to the IRB yet). But, the bill does not clarify the status of cases already referred to the IRB.
Because my claim was already referred to the IRB in July 2025 and is actively moving under the current law.

Question:

When Bill C-12 comes into effect, is there a chance that IRCC will pull back my case from IRB and terminate my claim pending with IRB and reroute it to PRRA? How likely?

Not sure it will put me at risk under the transitional provisions, or my claim will continue normally with IRB.

https://www.cicnews.com/2026/03/major-immigration-bill-amended-by-senate-0371193.html

 

[mashah2025]

Are there any amendments to the bill C-12 in the senate allowing for refugee claimants eligibility for claim filed after 3 June 2025, having stayed more than 1 year in Canada before filing?

 

[dao.c]

Are there any amendments to the bill C-12 in the senate allowing for refugee claimants eligibility for claim filed after 3 June 2025, having stayed more than 1 year in Canada before filing?

Unfortunately, no.
The Senate did not adopt any amendments to Bill C-12 that would allow refugee claimants who filed after 3 June 2025 to remain eligible if they had already been in Canada for more than one year before making their claim. The bill maintains the new ineligibility provisions added to the Immigration and Refugee Protection Act, specifically paragraphs 101(1)(b.1) and 101(1)(b.2) and subsection 101(1.1). Clause 75 (on page 43) confirms that these provisions apply to claims made on or after the introduction of Bill C-2 on 3 June 2025, meaning claims filed after that date may be subject to the one-year bar, and the Senate did not change this part of the legislation.

I'm not sure what's going to happen to people who are past the one year bar while also being referred to the IRB. But my best guess is that, they will be "deferred" from the IRB and will be offered a PRRA.
This is my best guess and is not a legal fact. I'm not a lawyer.

 

[mashah2025]

Unfortunately, no.
The Senate did not adopt any amendments to Bill C-12 that would allow refugee claimants who filed after 3 June 2025 to remain eligible if they had already been in Canada for more than one year before making their claim. The bill maintains the new ineligibility provisions added to the Immigration and Refugee Protection Act, specifically paragraphs 101(1)(b.1) and 101(1)(b.2) and subsection 101(1.1). Clause 75 (on page 43) confirms that these provisions apply to claims made on or after the introduction of Bill C-2 on 3 June 2025, meaning claims filed after that date may be subject to the one-year bar, and the Senate did not change this part of the legislation.

I'm not sure what's going to happen to people who are past the one year bar while also being referred to the IRB. But my best guess is that, they will be "deferred" from the IRB and will be offered a PRRA.
This is my best guess and is not a legal fact. I'm not a lawyer.

If the ineligible claimants are referred to the PRRA would they have to wait 12 months for it?

 

[dao.c]

If the ineligible claimants are referred to the PRRA would they have to wait 12 months for it?

As far as I know, no. You will likely be offered a PRRA without waiting.