If you are in Ontario on a work permit or study permit and you have been hurt in a car accident, you may be worried about two things at once: getting the care and compensation you need, and whether making a claim could affect your immigration status. These worries are understandable, especially when you are new to the province.
The reassuring general picture is this: in Ontario, your immigration status usually does not take away your right to accident benefits or your right to sue an at-fault driver. This guide explains how those rights generally work for newcomers, how the July 2026 accident-benefit changes may affect you, and why combined injury and immigration advice can be valuable. It is general information, not legal advice.
Your immigration status usually does not take away your right to accident benefits or your right to sue an at-fault driver. Ontario’s auto-insurance and injury rules focus on the accident and the people involved, not on a person’s citizenship or immigration status.
Key takeaways
Immigration status generally does not bar a newcomer from claiming accident benefits or from suing an at-fault driver after an Ontario car crash.
Accident benefits typically flow from the household auto policy first, then the at-fault vehicle’s insurer, and in some cases the Motor Vehicle Accident Claims Fund.
As of July 1, 2026, most Ontario accident benefits became optional under Ontario Regulation 383/24 — which can leave newcomers with fewer automatic benefits if no one opted in.
Making an injury claim is generally a civil matter and is not the same as an immigration process — but because both areas interact, getting advice on both together is wise.
You can usually ask for an interpreter so language is not a barrier to understanding your rights.
Do newcomers have the same accident rights?
In general, Ontario’s auto-insurance and injury rules focus on the accident and the people involved, not on a person’s citizenship or immigration status. A temporary resident — someone on a work permit, study permit, or other temporary status — who is injured in a car accident in Ontario generally has access to the same two-track system as anyone else:
Accident benefits (also called SABS benefits): no-fault benefits that can help with medical care, rehabilitation, and, in some situations, other losses, regardless of who caused the crash.
A tort claim: a lawsuit against the at-fault driver for losses the benefits do not fully cover, such as pain and suffering and income loss, subject to Ontario’s rules.
Your status as a newcomer does not, on its own, remove these rights. What can change is how much is covered automatically, which is where the 2026 changes come in.
Where do the benefits come from?
Injured people sometimes assume they need their own car or their own policy to claim. That is often not the case. Accident benefits generally follow an order of priority. For many newcomers, benefits may be available even if they do not personally own a car.
If you…
Benefits generally come from…
Live in a household with an auto policy
That household auto policy is usually the first place to look
Have no household auto policy but were struck by an insured vehicle
The at-fault or striking vehicle’s insurer may respond
Were hurt in a crash with no identified or insured vehicle
The Motor Vehicle Accident Claims Fund (MVACF) may be a last resort
Because these priority rules can be complicated — and depend on the facts of your situation — it is often worth getting advice on which insurer should be paying.
How the July 2026 changes affect newcomers
Effective July 1, 2026, Ontario’s standard auto policy changed under Ontario Regulation 383/24 so that most statutory accident benefits became optional. This matters a great deal for newcomers.
Under the reform:
Still mandatory (always included): medical, rehabilitation, and attendant care benefits.
Now optional (must be purchased or opted into in writing): income replacement, non-earner, caregiver, housekeeping and home maintenance, lost educational expenses, visitor expenses, damage to personal items such as clothing and eyewear, death and funeral benefits, and dependant care.
The change is opt-in, not opt-out: renewing policies keep their pre-July-2026 coverage until the consumer agrees in writing to reduce it. But if you are relying on someone else’s policy — for example, a household member’s — the benefits available to you depend on what that policyholder has chosen.
The reform also narrowed eligibility for optional benefits. Generally, optional benefits are available only to the named insured, their spouse, their dependants, and listed drivers. Pedestrians, cyclists, and some passengers who previously had access may no longer qualify for those optional benefits. A newcomer who does not have their own policy and is not a listed driver could find fewer benefits available than they might have expected before July 2026.
Because income replacement is now optional, more of that loss may need to be pursued through a tort claim against the at-fault driver. Commentators expect more lawsuits as a result. For newcomers whose income supports family here or abroad, this shift can be significant.
Will making a claim affect my status?
Many newcomers hesitate to claim because they fear it could harm their immigration status. In general, pursuing an accident-benefits claim or a personal-injury lawsuit is a civil matter, separate from your immigration file, and does not by itself change your status. Seeking the compensation the law provides is your right.
Pursuing an accident-benefits claim or a personal-injury lawsuit is a civil matter, separate from your immigration file, and does not by itself change your status. Seeking the compensation the law provides is your right.
That said, injury and immigration issues can intersect in practical ways — for example, if an injury affects your ability to keep working or studying on the terms of your permit, or if your recovery timeline overlaps with a permit expiry. That is exactly why getting combined injury and immigration advice is valuable: so the two sides of your situation are handled together, not in isolation.
Language and interpreter access
You should not have to give up your rights because English is not your first language. In dealings with insurers, medical assessors, and lawyers, you can generally ask for an interpreter or bring someone to help you understand. A good legal team will make sure you understand each step and that your account is accurately recorded.
Practical steps after a crash
Get medical attention and keep records of your injuries and treatment.
Report the accident and get the other driver’s insurance and vehicle information if you safely can.
Find out whether there is an auto policy in your household and what benefits it includes after July 2026.
Note that a tort claim in Ontario generally must be started within two years — deadlines matter.
Consider advice that covers both your injury claim and any immigration questions together.
Frequently asked questions
I am on a work permit and don’t own a car. Can I still claim accident benefits?
Often yes. Accident benefits generally follow a priority order that can include a household auto policy or the at-fault vehicle’s insurer, so you may have access even without your own policy. The exact answer depends on your circumstances, so it is worth confirming with advice.
Could making an injury claim hurt my immigration application?
In general, an injury claim is a civil matter and does not by itself affect your status. Because injury and immigration issues can overlap in practice, however, it is sensible to get advice on both together rather than assume there is no connection.
How did July 2026 change things for newcomers specifically?
As of July 1, 2026, most accident benefits became optional, and optional benefits are generally limited to the named insured, spouse, dependants, and listed drivers. A newcomer relying on someone else’s policy — or not covered by one — may find fewer benefits available and may need to look to a tort claim against the at-fault driver.
What if I do not speak English well?
You can generally request an interpreter when dealing with insurers, assessors, and lawyers. Language should not stop you from understanding or exercising your rights.
If you are a newcomer injured in an Ontario car accident and you are unsure about your benefits, a possible lawsuit, or how any of it interacts with your permit, you do not have to sort it out alone. Azimi Law handles both personal-injury and immigration matters and can talk with you about how they fit together in your situation. You are welcome to reach out; there is no obligation and no guarantee of any particular outcome.
New to Ontario and hurt in a crash?
Get a clear, plain-language read on your accident benefits and how they fit with your immigration situation.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
A motorcycle crash can change your life in seconds. Riders have little between them and the road, so the same collision that leaves a car driver shaken can leave a motorcyclist with fractures, road rash, head injuries, or worse. On top of the physical toll, many injured riders face something unfair: an early assumption that the crash was their fault simply because they were on a motorcycle.
This guide explains, in plain language, how injury claims generally work after an Ontario motorcycle accident — the accident benefits you may be able to access, the tort claim against an at-fault driver, how fault is proven, and why the evidence you gather early can matter so much.
Key takeaways
Injured motorcyclists in Ontario can generally access statutory accident benefits (SABS) like other motorists, and may also have a tort claim against an at-fault driver.
Assumptions that a rider is automatically at fault are just that — assumptions. Fault is determined on the evidence.
Ontario’s accident-benefit rules changed on July 1, 2026, making several benefits optional; this affects riders too.
Scene photos, gear, witness details, and prompt medical care are often the most important evidence.
Serious motorcycle injuries frequently cross the tort “threshold,” but the statutory deductible and short deadlines make early advice valuable.
Why motorcycle injuries are often severe
A motorcycle offers no crumple zones, no airbags, and no metal cage. When a rider is struck or forced off the road, the body absorbs much of the impact directly. That is why motorcycle collisions so often lead to broken bones, joint and ligament damage, spinal injuries, traumatic brain injuries, and extensive soft-tissue and skin injuries. Recovery can be long, and some injuries have lasting effects on a person’s ability to work, care for their family, or enjoy daily life.
Because the stakes are high, it helps to understand the two main sources of compensation in Ontario’s system: accident benefits and a tort claim.
Accident benefits: available to riders too
Ontario runs a “two-track” auto insurance system. The first track is accident benefits under the Statutory Accident Benefits Schedule (SABS). These are no-fault benefits, meaning you can generally claim them even if the crash was partly or entirely your fault. Motorcyclists are motorists, and injured riders can generally access these benefits like other people hurt in car crashes.
Accident benefits are designed to help with recovery and day-to-day needs. Depending on your circumstances and coverage, they can include help with medical and rehabilitation treatment, attendant care, income replacement, and other support while you recover.
The July 2026 changes affect riders
As of July 1, 2026, Ontario’s standard auto policy changed under Ontario Regulation 383/24, and most accident benefits became optional. Medical, rehabilitation, and attendant care benefits remain mandatory and are always included. Other benefits — including income replacement, non-earner, caregiver, housekeeping and home maintenance, and several others — now have to be purchased (opted into in writing). Renewing policies keep the pre-July-2026 coverage until the consumer agrees in writing to reduce it.
For riders, this means the coverage available after a crash may depend on what was purchased. Because these rules are new and benefit amounts are indexed annually, it is wise to confirm your own coverage with your broker and to check current details with the Financial Services Regulatory Authority of Ontario (FSRA).
The tort claim: suing the at-fault driver
The second track is a tort claim — a lawsuit against the driver who caused the crash. A tort claim can seek compensation for things accident benefits may not fully cover, such as pain and suffering, and past and future income loss beyond what benefits provide.
Two features of the tort system are important for riders to understand:
The threshold. To recover for pain and suffering after an auto accident, an injury must generally meet a legal “threshold” — broadly, a permanent, serious impairment of an important physical, mental, or psychological function. Serious motorcycle injuries frequently meet this test, but it must be proven with medical evidence.
The statutory deductible. Ontario applies a deductible to many pain-and-suffering awards. As of 2026 the general-damages deductible is $47,913.01, and it does not apply where the award is above the monetary threshold of $159,708.71. These figures are indexed each year, so confirm the current amount with FSRA.
Fighting unfair blame
Some riders find that insurers, and even other drivers, assume the motorcyclist “must have been speeding” or “came out of nowhere.” Under Ontario law, fault is not decided by stereotype — it is decided on the evidence. A driver who turns left across a rider’s path, opens a door into traffic, or fails to check a blind spot may be found responsible even though the motorcycle was the smaller vehicle.
Fault can also be shared. If you are found partly responsible, your compensation in a tort claim can be reduced by your share of the blame, but partial fault does not necessarily end your claim. This is one reason preserving evidence early is so important.
Evidence: what helps prove your case
The strength of a claim often comes down to what can be shown. Where it is safe and possible, the following can help:
Scene evidence: photos of vehicle positions, damage, skid marks, road and weather conditions, and traffic signals or signs.
Your gear: keep your helmet, jacket, gloves, and boots. Damage to protective gear can help show the force of impact, and the gear itself may become relevant evidence.
Witnesses: names and contact details of anyone who saw the crash, as independent accounts can be persuasive.
Official records: the police report and any charges laid.
Medical care: prompt and consistent treatment, which both supports your recovery and documents your injuries.
Helmets, gear, and your compensation
Riders sometimes worry that not wearing a helmet, or wearing less protective gear, will destroy their claim. Gear choices can become an issue an insurer raises — for example, arguing that some injuries could have been reduced. That does not automatically defeat a claim, but it can be part of the fault and damages discussion. The safest course, on and off the legal page, is to wear a proper helmet and protective gear every ride.
Deadlines you should not miss
Step
General timing
Report the accident to your insurer
Promptly — as soon as reasonably possible
Apply for accident benefits
Short deadlines apply after the accident; do not delay
Start a tort lawsuit (limitation period)
Generally within 2 years of the accident
These timelines are general. Some deadlines are shorter than the two-year limitation period, and notice requirements can apply, so confirm the deadlines that apply to your situation.
Frequently asked questions
Can I claim accident benefits if the crash was my fault?
Accident benefits are no-fault, so in many cases you can access them regardless of who caused the crash. What is available to you depends on your coverage, which changed for many people under the July 2026 reforms. Confirm your coverage with your broker.
The other driver says I was speeding. Does that end my claim?
Not necessarily. Fault is decided on the evidence, and it can be shared between drivers. Being found partly at fault may reduce a tort award rather than eliminate it. Preserving evidence early helps present an accurate picture.
I wasn’t wearing all my protective gear. Should I still look into a claim?
Yes — gear can be one factor an insurer raises, but it does not automatically bar a claim. It is generally worth getting advice about your specific situation before assuming anything about your rights.
How long do I have to sue the at-fault driver?
The limitation period for a tort lawsuit is generally two years from the date of the accident, but shorter notice and benefit deadlines can apply. Because deadlines can be missed easily, it is wise to get advice early.
If you or a loved one has been hurt in a motorcycle crash in Ontario, you do not have to sort out benefits, deadlines, and fault on your own. Azimi Law is happy to talk with you about how these rules may apply to your circumstances and what options may be available. There is no obligation, and every situation is different.
Injured on your motorcycle?
Benefits, deadlines, and fault can be complicated after a crash. Get a clear, plain-language read on your options.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
If you were walking or cycling when a car struck you, you may assume Ontario’s auto-insurance system will cover the same benefits it always has. As of July 1, 2026, that assumption needs a second look. New rules narrow who can access certain accident benefits, and pedestrians and cyclists are among the people most likely to feel the gap.
This guide explains how an injured pedestrian or cyclist normally claims after being hit by a vehicle, what changed in 2026, and why a claim against the at-fault driver has become more important. It is general information to help you understand your options, not advice about your specific situation.
How pedestrians and cyclists usually claim after being struck
In Ontario, if you are hit by a car while walking or riding a bicycle, you generally have more than one possible source of compensation. Two systems can apply at the same time:
Statutory accident benefits (no-fault benefits). These are paid regardless of who caused the crash. They can cover things like medical treatment, rehabilitation, and attendant care.
A tort claim against the at-fault driver. This is a lawsuit for damages such as pain and suffering and, in many cases, income loss, brought against the person who caused the collision.
For accident benefits, there is usually an order to figure out which insurer responds. Generally, an injured pedestrian or cyclist looks first to an auto policy in their own household (for example, their own policy or that of a spouse or family member they live with). If no such policy exists, they may claim through the insurer of the vehicle that struck them. If there is no accessible auto insurance at all, the Motor Vehicle Accident Claims Fund (MVACF), Ontario’s fund of last resort, may be available. The exact order depends on the facts, so this is an area where early advice matters.
What changed on July 1, 2026
Under Ontario Regulation 383/24, the standard auto policy changed so that most statutory accident benefits became optional as of July 1, 2026. A few core benefits stay mandatory and are always included, while a longer list of benefits must now be purchased or opted into in writing.
Still mandatory (always included)
Now optional (must be bought / opted into in writing)
Medical benefits
Rehabilitation benefits
Attendant care benefits
Income replacement
Non-earner
Caregiver
Housekeeping and home maintenance
Lost educational expenses
Visitor expenses
Damage to personal items (clothing, eyewear)
Death and funeral benefits
Dependant care
The change is opt-in, not opt-out. Renewing policies keep the coverage that existed before July 2026 until the consumer agrees in writing to reduce it. The ability to choose optional benefits is available to all consumers from July 1, 2026, regardless of when their policy renews.
Why this matters especially for pedestrians and cyclists
Along with making benefits optional, the reform narrowed who can access those optional benefits. Generally, the optional benefits are available only to the named insured on a policy, their spouse, their dependants, and listed drivers. Because pedestrians and cyclists are, by definition, not driving the car that hit them, some of them fall outside this narrower group.
Someone without their own household auto policy is particularly exposed, because they may have relied on the at-fault vehicle’s insurer for benefits that are no longer automatic and that may not extend to them.
In practical terms, a pedestrian or cyclist who previously could reach into a striking vehicle’s optional coverage may find that fewer benefits are available now. Someone without their own household auto policy is particularly exposed, because they may have relied on the at-fault vehicle’s insurer for benefits that are no longer automatic and that may not extend to them.
The mandatory benefits (medical, rehabilitation, and attendant care) are still there. The gap tends to appear with benefits like income replacement, caregiver, and housekeeping, which many injured people depend on to get through recovery.
The growing importance of the tort claim
When benefits like income loss are no longer automatic through accident benefits, more of those losses must be pursued through the tort claim against the at-fault driver. Commentators expect this shift to lead to more lawsuits. For an injured pedestrian or cyclist, this means the case against the driver who caused the collision may carry more weight than it did before, because it may be the main route to recovering income loss and other heads of damage that used to be covered by benefits.
Key takeaways
Medical, rehabilitation, and attendant care benefits remain mandatory after July 1, 2026.
Many other benefits (including income replacement, caregiver, and housekeeping) are now optional and must be purchased or opted into in writing.
Optional benefits are generally limited to the named insured, spouse, dependants, and listed drivers, so pedestrians and cyclists may have less access than before.
Injured pedestrians and cyclists generally look to a household auto policy first, then the striking vehicle’s insurer, then the MVACF.
With fewer automatic benefits, a tort claim against the at-fault driver may be more central to being made whole.
Practical steps after being struck by a vehicle
Get medical care and keep it going. Your health comes first, and consistent medical records also document your injuries.
Call the police and get a report. An official record of the collision helps establish what happened and who was involved.
Collect information at the scene if you can. This includes the driver’s name, licence plate, and insurance details, plus the names of any witnesses.
Take photos. Photograph the scene, the vehicle, your injuries, and any damaged personal items such as a bicycle, helmet, or clothing.
Report the accident. Notify the relevant auto insurer promptly. Accident-benefit claims have deadlines to apply.
Check your own coverage. Find out whether you or a household member has an auto policy and what optional benefits were selected.
Get advice early. Because the 2026 rules changed who can access which benefits, understanding your options sooner rather than later can help.
Report the accident promptly. Accident-benefit claims have deadlines to apply, so notify the relevant auto insurer without delay.
Frequently asked questions
I do not own a car. Can I still get accident benefits if a vehicle hits me?
Generally, yes, you may still be able to access accident benefits even without your own vehicle. The usual approach is to look first to an auto policy in your household, then to the insurer of the vehicle that struck you, and finally to the Motor Vehicle Accident Claims Fund if no other coverage is available. The mandatory benefits (medical, rehabilitation, and attendant care) remain in place. Which insurer responds and which optional benefits apply depends on your circumstances.
Did the July 2026 changes take away my right to any benefits at all?
No. Medical, rehabilitation, and attendant care benefits are still mandatory and included in every policy. What changed is that many other benefits became optional, and access to those optional benefits was narrowed. That is why some pedestrians and cyclists may find fewer benefits available than before July 1, 2026.
Can I sue the driver who hit me?
In many cases, an injured pedestrian or cyclist can bring a tort claim against the at-fault driver for damages such as pain and suffering and income loss, subject to Ontario’s rules for auto injury claims. With several benefits no longer automatic, this claim has become more important as a way to recover losses. Whether and how to proceed depends on the facts of your case.
How do I know what optional benefits apply to me?
Optional benefits are generally available to the named insured, their spouse, their dependants, and listed drivers on a policy. If you were struck as a pedestrian or cyclist, whether you can access a given optional benefit depends on the policies involved and your relationship to them. Reviewing the applicable policies, or asking a lawyer or broker to help, can clarify what is available.
The 2026 changes can make it harder to tell which benefits apply after a pedestrian or cyclist is hit by a car. If you or a loved one was injured this way, Azimi Law can review your circumstances and explain the options that may be open to you. There is no pressure and no promise of a particular outcome, just clear information about where you stand. You are welcome to reach out to discuss your situation.
Struck by a car while walking or cycling?
The 2026 rules changed who can access which benefits. Get a clear, plain-language read on your options.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
After a car accident in Ontario, many injured people expect the no-fault benefits system to carry most of the load. Starting in 2026, that is less true than it used to be. With income loss and several other benefits no longer automatic, more accident victims will need to pursue the at-fault driver in court to be fully compensated.
This post explains Ontario’s two-track injury system, how the 2026 reforms shift more responsibility onto the tort claim, and the key rules (the threshold, the statutory deductible, and the limitation period) that shape those claims. It is general information, not advice about your case.
Key takeaways
Ontario auto injury claims run on two tracks: no-fault accident benefits and a tort claim against the at-fault driver.
As of July 1, 2026, most accident benefits (including income replacement) became optional under O. Reg. 383/24, so more losses may have to be recovered in court.
Pain-and-suffering claims must meet a permanent and serious impairment threshold.
In 2026 the general-damages deductible is $47,913.01, with a $159,708.71 threshold above which no deductible applies; the Family Law Act deductible is $23,956.52. These are indexed yearly.
A two-year limitation period generally applies to injury lawsuits, so early advice helps.
Ontario’s two tracks: accident benefits and tort
Ontario handles auto injury claims through two systems that can run at the same time:
Statutory accident benefits (no-fault). Paid by your own insurer regardless of who was at fault. These benefits are meant to help you recover: medical and rehabilitation treatment, attendant care, and (in the past, automatically) things like income replacement.
The tort claim. A lawsuit against the at-fault driver for damages the benefits system does not fully cover, such as pain and suffering and income loss beyond what benefits pay.
For many years, a large share of an injured person’s income loss and other everyday losses was handled inside the accident-benefits track. The 2026 reforms change that balance.
What the 2026 reforms changed
Effective July 1, 2026, under Ontario Regulation 383/24, the standard auto policy changed so that most statutory accident benefits became optional. Medical, rehabilitation, and attendant care benefits stay mandatory. A longer list, including income replacement, non-earner, caregiver, housekeeping and home maintenance, and others, is now optional and must be purchased or opted into in writing.
The choice is opt-in, not opt-out. Renewing policies keep the pre-July-2026 coverage until the consumer agrees in writing to reduce it. The practical result is that some drivers will carry less accident-benefit coverage than the old standard policy provided.
Why this pushes losses into the tort claim
When income replacement and similar benefits are no longer automatic in the accident-benefits track, those losses do not simply disappear. If someone else caused the crash, the injured person can seek to recover them through the tort claim against the at-fault driver.
Because more heads of loss now have to travel that route, commentators expect more of these lawsuits. In short, the reform shifts uncompensated losses from a no-fault benefit toward a fault-based claim in court.
The rules that shape a tort claim
A tort claim for auto injuries in Ontario is subject to some important limits. Three of them come up in almost every case.
The tort threshold
To recover damages for pain and suffering after an auto accident, an injured person generally must meet a legal threshold: broadly, a permanent and serious impairment of an important physical, mental, or psychological function (or death). This threshold is a gatekeeper for pain-and-suffering damages. Whether an injury meets it is a legal question decided on the medical and other evidence.
The statutory deductible
Even when the threshold is met, Ontario applies a statutory deductible to many pain-and-suffering awards. The deductible is a fixed amount subtracted from the award, and it is indexed each year. As of 2026 (indexed by 2.4%, effective January 1, 2026), the figures are:
2026 figure
Amount
Pain-and-suffering (general damages) deductible
$47,913.01
Monetary threshold (award at or below this has the deductible applied; above it, no deductible)
$159,708.71
Family Law Act claims deductible
$23,956.52
Here is how it works. If a general-damages award is at or below the monetary threshold, the deductible is subtracted from it. If the award is above the threshold, it is paid in full with no deductible. So a jury award of, say, an amount below the threshold would be reduced by the deductible, while a larger award above the threshold would not be. These amounts are indexed annually, so confirm the current figures with the Financial Services Regulatory Authority of Ontario (FSRA) before relying on them.
The limitation period
Ontario generally sets a two-year limitation period to start a lawsuit for personal injury. Missing that deadline can end a claim before it is heard. Accident-benefit claims have their own, separate and often shorter, deadlines.
Because the clock can start running from the date of the accident (and sometimes from when you knew or ought to have known you had a claim), it is generally wise to get advice well before the two years are up.
What a tort claim involves
A tort claim is more involved than an accident-benefit application. In general terms, it can include:
Investigation and evidence. Gathering the police report, medical records, witness information, and proof of income loss.
Starting the lawsuit. Issuing a claim within the limitation period against the at-fault driver (and sometimes others).
Documentary and oral discovery. Exchanging documents and answering questions under oath about the accident and your injuries.
Medical evidence. Assessments that address the threshold and the extent of your injuries.
Resolution. Many claims settle; some proceed to trial, where a judge or jury decides.
Juries in these cases are generally not told about the statutory deductible when they decide an award, even though it can reduce what is ultimately paid. That is one reason the numbers above matter so much behind the scenes.
Frequently asked questions
Do the 2026 changes mean I have to sue after every accident?
Not necessarily. Whether a lawsuit makes sense depends on your injuries, your coverage, and who was at fault. The point is that, with several benefits now optional, losses like income replacement may no longer be covered automatically through accident benefits. Where someone else caused the crash, the tort claim becomes a more important route to recovering those losses.
Will the deductible always be taken off my award?
Not always. The statutory deductible applies to a general-damages award that is at or below the monetary threshold ($159,708.71 in 2026). If the award is above that threshold, it is paid in full with no deductible. These amounts change each year, so confirm the current figures with FSRA.
How long do I have to start a claim?
Ontario generally applies a two-year limitation period to personal injury lawsuits, though when the clock starts can depend on the facts. Accident-benefit claims have their own separate deadlines that are often shorter. Because these deadlines can be strict, it is generally best to get advice early rather than close to the limit.
Can I pursue accident benefits and a tort claim at the same time?
Yes. The two tracks are designed to work together. You can apply for the accident benefits available under your policy while also pursuing a tort claim against the at-fault driver. What each track covers, and how they interact, depends on your coverage and circumstances.
The 2026 reforms make it more likely that recovering your full losses will involve a claim against the at-fault driver, on top of any benefits you can access. If you have been injured in an Ontario car accident, Azimi Law can walk you through how the two tracks apply to your situation. We cannot promise a particular result, but we can help you understand your options. Please feel free to get in touch.
Thinking about a claim after a crash?
The 2026 reforms push more losses onto the tort side. Get a clear, plain-language read on how the two tracks apply to you.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
Ontario’s 2026 auto insurance reforms gave drivers something they did not have before: a choice about many of the accident benefits that used to come automatically. As of July 1, 2026, most statutory accident benefits are optional, which means you can now buy back coverage you once received by default.
That choice is useful, but it also puts the burden on you to think about which coverages you would want if you were seriously hurt. This guide walks through the optional benefits and who tends to be most exposed without each one, so you can have a better-informed conversation with your broker.
Key takeaways
As of July 1, 2026, most Ontario accident benefits are optional and must be purchased.
Medical, rehabilitation, and attendant care benefits stay mandatory, so you do not need to buy them.
The most valuable optional benefits depend on your life: earners, caregivers, and families are each exposed differently.
Reducing coverage requires your written opt-in — nothing changes automatically until you sign.
Reviewing your coverage at each renewal, with a broker, is generally the safest habit.
Start with what you cannot lose
Before weighing the options, it helps to know the floor. Medical, rehabilitation, and attendant care benefits remain mandatory in every Ontario auto policy. If you are injured, that core coverage is there regardless of the choices you make about the optional benefits. Everything below is about the coverage you now decide to add on top of that base.
Medical, rehabilitation, and attendant care benefits remain mandatory in every Ontario auto policy. If you are injured, that core coverage is there regardless of the choices you make about the optional benefits.
The optional benefits, one by one
Here is a plain-language look at each optional benefit and the kind of person who is often most exposed without it.
Income replacement
This benefit helps replace a portion of income lost because injuries keep you from working. Sole earners, self-employed people, and anyone whose household depends heavily on their paycheque are usually the most exposed if they skip it. Without it, lost income after a serious injury may have to be pursued through a lawsuit against the at-fault driver instead.
Non-earner benefit
The non-earner benefit is generally aimed at people who were not employed at the time of the crash but suffer a serious injury — for example, some students or those between jobs. If income replacement does not fit your situation, this is the benefit to ask about.
Caregiver
This benefit helps when an injured person can no longer care for dependants they were looking after. Parents and others who are the primary caregiver in a household are the most exposed without it.
Housekeeping and home maintenance
This covers help with household tasks you can no longer do because of your injuries. Anyone who runs their own household, and especially those without family nearby to step in, may feel the gap if they go without it.
Lost educational expenses
This benefit can help recover tuition and related costs when an injury interrupts studies. Students, or parents paying for a child’s education, are the ones most likely to want it.
Visitor expenses
This helps cover costs for family and close friends visiting an injured person during recovery. It tends to matter most when a serious injury leads to a long hospital stay.
Damage to personal items
This covers items damaged in the crash, such as clothing and eyewear. The dollar amounts are usually modest, but for people who rely on expensive prescription glasses or similar items, it can still be worth considering.
Death and funeral benefits
These benefits provide support to family in the event of a fatal crash. Anyone with a spouse or dependants who would face financial strain after a death is the most exposed without this coverage.
Dependant care
This benefit can help with the cost of caring for dependants when an injured person cannot. Families with young children or other dependants are usually the ones who feel its absence most.
Who should consider each optional benefit
Optional benefit
Who is most exposed without it
Income replacement
Sole earners and the self-employed
Non-earner benefit
Students and those not currently working
Caregiver
Primary caregivers of dependants
Housekeeping and home maintenance
Those who run a household without nearby help
Lost educational expenses
Students and parents paying tuition
Visitor expenses
Anyone facing a possible long hospital stay
Damage to personal items
People who rely on costly eyewear or similar items
Death and funeral benefits
Those with a spouse or dependants
Dependant care
Families with children or other dependants
The written opt-in: nothing changes until you sign
An important protection is built into the reform. The system is opt-in, not opt-out. If your policy renews after July 1, 2026, you keep your pre-July-2026 coverage until you agree in writing to reduce it. That means the decision to trim benefits in exchange for a lower premium is yours to make deliberately, not something an insurer does on its own.
Treat any form that reduces coverage as a serious decision. Before you sign, make sure you understand which benefits you would be giving up and picture how each one might matter if you were badly hurt.
Review your coverage at renewal
Because these are now choices rather than defaults, it is generally wise to revisit your coverage each time your policy comes up for renewal. Your life changes — a new job, a new child, a mortgage, aging parents — and the benefits that matter to you can change with it. A broker can walk you through your options and how they fit your circumstances. This article does not quote premium prices, and costs vary, so a broker is the right person to talk about what each option would mean for your budget.
Know your rights if you are later injured
Even with the best coverage choices, disputes can arise about what you are owed after a crash. Knowing that medical, rehabilitation, and attendant care remain mandatory — and understanding which optional benefits you actually bought — puts you in a much stronger position if you ever need to make a claim. If a benefit is denied, there are avenues to challenge that decision, and getting advice early generally helps.
Frequently asked questions
Can I still get income replacement after 2026?
Yes, but it is now an optional benefit you generally have to purchase rather than one that comes automatically. If your household depends on your income, it is worth discussing with your broker.
What happens if I do nothing at renewal?
Because the reform is opt-in, doing nothing generally means you keep your pre-July-2026 coverage. Your coverage should not be reduced unless you agree in writing to reduce it.
How much do the optional benefits cost?
Prices vary by insurer and by your circumstances, and this article does not quote premiums. Your broker can give you accurate figures for your own policy.
Which optional benefit is the most important?
There is no single answer, because it depends on your life. An earner may prioritize income replacement, while a parent may focus on caregiver and dependant care. The point is to match the benefits to your own situation.
Where can I confirm the current rules?
The reforms flow from Ontario’s 2026 auto insurance changes, but details and amounts can be updated. Confirm current information with the official source, FSRA, or speak with a broker or lawyer.
If you would like help understanding your rights after an injury, or you are unsure how the 2026 changes affect the coverage you already have, Azimi Law is happy to talk it through. Reach out for general guidance about your situation — no pressure and no promises, just a straightforward conversation.
Not sure which benefits you should buy?
The 2026 accident-benefit changes put the choice in your hands. Get a clear, plain-language read on your options.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
If you drive in Ontario, the accident benefits you count on after a crash are changing. As of July 1, 2026, most of the benefits that used to come automatically with every auto policy are now optional. That means some coverage you once had by default is only there if you buy it.
This guide explains what changed under Ontario Regulation 383/24, which benefits stay mandatory, which are now optional, and why the shift matters if you are injured. It is general information to help you understand the reform and ask your broker the right questions.
This reform affects new and renewing policies from July 1, 2026 onward. If you walk, cycle, or ride as a passenger, your access to certain benefits may have narrowed — see “Who can access the optional benefits” below.
Key takeaways
As of July 1, 2026, most statutory accident benefits in Ontario become optional under O. Reg. 383/24.
Medical, rehabilitation, and attendant care benefits remain mandatory and are always included.
Income replacement, caregiver, housekeeping, and several other benefits must now be purchased.
The change is opt-in, not opt-out: renewing policies keep the old coverage until you agree in writing to reduce it.
With fewer benefits automatic, more losses may need to be pursued through a tort claim against the at-fault driver.
What changed on July 1, 2026
Ontario’s standard auto insurance policy has long bundled a set of statutory accident benefits, known as SABS. These are the no-fault benefits you can claim after a collision regardless of who caused it. The amending regulation, O. Reg. 383/24, restructures that package so that most of those benefits are no longer automatic. Instead, they are offered as optional coverage you can choose to buy.
The reform took effect July 1, 2026. From that date, optionality is available to all consumers regardless of when their policy renews. The core idea is that a smaller mandatory set stays in place, and the rest becomes a menu of add-ons.
Benefits that stay mandatory
Three benefits remain part of every Ontario auto policy and are always included:
Medical benefits — coverage for reasonable and necessary medical treatment related to the accident.
Rehabilitation benefits — coverage for care aimed at restoring function and easing the effects of injury.
Attendant care benefits — coverage for an aide to help with personal care when injuries require it.
If you are seriously hurt, these three are the backbone of your no-fault coverage, and you do not have to buy them separately.
Benefits that are now optional
The following benefits are no longer automatic. To have them, you generally have to purchase them, or opt into them in writing:
Income replacement
Non-earner benefit
Caregiver
Housekeeping and home maintenance
Lost educational expenses
Visitor expenses
Damage to personal items (such as clothing and eyewear)
Death and funeral benefits
Dependant care
Many of these matter most when someone cannot work, cannot care for their family, or dies as a result of a crash. Because they are now optional, a driver who does not buy them may find those cushions missing at the worst possible time.
Mandatory versus optional at a glance
Benefit
Status as of July 1, 2026
Medical
Mandatory (always included)
Rehabilitation
Mandatory (always included)
Attendant care
Mandatory (always included)
Income replacement
Optional (must be purchased)
Non-earner
Optional (must be purchased)
Caregiver
Optional (must be purchased)
Housekeeping and home maintenance
Optional (must be purchased)
Lost educational expenses
Optional (must be purchased)
Visitor expenses
Optional (must be purchased)
Damage to personal items
Optional (must be purchased)
Death and funeral benefits
Optional (must be purchased)
Dependant care
Optional (must be purchased)
Opt-in, not opt-out: why your renewal matters
One of the most important features of the reform is how the choice is structured. This is an opt-in system, not an opt-out one. If your policy renews after July 1, 2026, you generally keep your pre-July-2026 coverage until you agree in writing to reduce it. In other words, no insurer should be quietly stripping benefits from your policy without your written agreement.
Read your renewal paperwork closely. If you sign a form to reduce coverage in exchange for a lower premium, you may be giving up protection you would want after a serious injury. Ask your broker to explain, in plain terms, exactly what you would keep and what you would give up.
Who can access the optional benefits
Eligibility for the optional benefits is also narrower than before. Generally, the optional benefits are available to the named insured, their spouse, their dependants, and listed drivers. As a result, pedestrians, cyclists, and some passengers who previously had access to certain benefits may no longer qualify. If you often walk or cycle, this is an important gap to understand, because you may not be covered under someone else’s optional benefits the way you might expect.
The shift toward tort claims
Ontario’s injury system has two tracks: no-fault accident benefits from your own insurer, and a tort claim against the driver who caused the crash. When benefits like income replacement are no longer automatic, more of those losses may have to be recovered through the tort side instead.
In practice, that can mean more injured people needing to sue the at-fault driver to be made whole for lost income and similar losses. Commentators expect more lawsuits as a result. Keep in mind that tort awards for pain and suffering are also reduced by a statutory deductible that is indexed each year, so the tort track has its own rules and limits. If you want the current deductible figure, you can confirm it with FSRA.
Frequently asked questions
Do I still have medical coverage after a crash in 2026?
Yes. Medical, rehabilitation, and attendant care benefits remain mandatory and are always included in an Ontario auto policy, so this core coverage is not something you have to buy separately.
Will my benefits automatically be cut at renewal?
Generally no. The reform is opt-in, not opt-out. A renewing policy keeps its pre-July-2026 coverage until you agree in writing to reduce it. Read any renewal forms closely before signing anything that lowers your coverage.
I was hurt as a pedestrian. Am I still covered?
It depends. Optional benefits are generally limited to the named insured, spouse, dependants, and listed drivers, so some pedestrians and cyclists may no longer qualify for benefits they once could access. This is a good situation to get individual advice about.
Should I buy the optional benefits?
That is a personal decision based on your income, your family, and your budget, and this article cannot tell you what to choose. Speaking with your broker about your own situation is generally the best starting point.
Have these figures been finalized?
The July 1, 2026 changes come from O. Reg. 383/24, but benefit amounts and thresholds are indexed and can change. Always confirm current details with the official source, FSRA, before relying on a specific number.
If you have been injured in a crash and are unsure which benefits apply to you, or you are trying to make sense of your coverage after the 2026 changes, Azimi Law would be glad to talk through your situation. Reach out for general guidance about your options — there is no pressure and no promises, just a plain-language conversation about where you stand.
Not sure what your policy still covers?
The 2026 accident-benefit changes are significant. Get a clear, plain-language read on your options after an injury.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
If an insurer has denied your accident benefits, you do not have to accept that decision as the final word. The Licence Appeal Tribunal (LAT) hears disputes about denied benefits, and in July 2026 it introduced a new mandatory form that changes how you prepare for one of the key steps in that process.
This guide explains how the LAT process works for accident-benefit disputes, confirms that the July 2026 changes to the benefits system did not take away your right to appeal, and walks through the new Case Conference Summary Form. It is general information to help you understand what to expect, not advice about your case.
Key takeaways
The Licence Appeal Tribunal (through AABS) hears disputes about denied auto accident benefits.
A June 26, 2026 LAT Operational Update confirmed the July 1, 2026 SABS reforms do not affect the right to appeal a denied benefit.
A new mandatory Case Conference Summary Form applies where the Notice of Case Conference is issued on or after July 1, 2026.
The process generally runs from application to case conference to hearing to decision.
Preparation and meeting deadlines matter at every stage.
What the LAT does for accident-benefit disputes
When you and your auto insurer disagree about a statutory accident benefit (for example, the insurer denies or stops a benefit), the dispute is generally decided by the Licence Appeal Tribunal through its Automobile Accident Benefits Service (AABS). The LAT is an independent tribunal, separate from your insurer, that hears these disagreements and issues decisions.
Common disputes include denied or terminated medical and rehabilitation funding, disagreements about income replacement or other benefits, and disputes over whether a treatment plan should be approved. The LAT process is meant to be more accessible than a court, but it still has steps, deadlines, and forms to follow.
The July 1, 2026 reforms did not remove your right to appeal
Ontario’s accident-benefits system changed significantly on July 1, 2026, when most benefits became optional. That raised a natural question for anyone in a dispute: does the reform affect the right to challenge a denied benefit?
A LAT Operational Update dated June 26, 2026 confirmed that the July 1, 2026 amendments to the accident-benefits schedule do not affect the right to appeal a denied accident benefit to the Licence Appeal Tribunal. In other words, if a benefit that applies to you is denied, you generally still have the same route to dispute that denial at the LAT.
The new mandatory Case Conference Summary Form
The most concrete procedural change for 2026 is a new form. The LAT introduced a mandatory Case Conference Summary Form for all LAT-AABS case conferences where the Notice of Case Conference is issued on or after July 1, 2026.
The case conference is a meeting, usually held before any hearing, where the parties and a tribunal adjudicator discuss the issues, explore whether the dispute can be settled, and plan next steps if it cannot. The new summary form is meant to help everyone come to that meeting prepared, with the issues and positions set out in advance.
Question
Answer
What is the form?
A mandatory Case Conference Summary Form for LAT-AABS case conferences.
When does it apply?
Where the Notice of Case Conference is issued on or after July 1, 2026.
What is its purpose?
To summarize the issues and each party’s position ahead of the case conference.
Does the SABS reform change appeal rights?
No. The June 26, 2026 operational update confirmed the right to appeal a denied benefit is unaffected.
The LAT stages, step by step
While every case is different, an accident-benefit dispute at the LAT generally moves through these stages:
Application. You start the dispute by filing an application with the LAT-AABS, setting out the benefits in dispute and why you disagree with the insurer’s decision.
Case conference. The parties meet with an adjudicator to identify the issues, discuss settlement, and schedule next steps. For notices issued on or after July 1, 2026, the mandatory Case Conference Summary Form applies here.
Hearing. If the dispute is not resolved, it proceeds to a hearing, which may be conducted in writing, by video or teleconference, or in person, depending on the case.
Decision. The adjudicator issues a decision on the benefits in dispute.
Practical tips for preparing your dispute
Keep the denial letter. The insurer’s explanation for the denial tells you what you need to address.
Organize your records. Medical reports, treatment plans, and correspondence with the insurer help support your position.
Be clear about the issues. Identify exactly which benefits are in dispute; the Case Conference Summary Form is built around setting out the issues and your position.
Watch the deadlines. The LAT process has timelines for filing and for steps along the way. Missing one can affect your dispute.
Prepare for the case conference. Come ready to discuss settlement and next steps, and complete any required form fully and on time.
Frequently asked questions
Can I still appeal a denied benefit after the July 2026 changes?
Yes. The LAT Operational Update dated June 26, 2026 confirmed that the July 1, 2026 amendments to the accident-benefits schedule do not affect the right to appeal a denied accident benefit to the Licence Appeal Tribunal. If a benefit that applies to you is denied, you generally still have the ability to dispute that decision at the LAT.
What is a case conference?
A case conference is a meeting, usually held before any hearing, where the parties and a tribunal adjudicator discuss the issues in dispute, explore whether the matter can be settled, and plan the next steps if it cannot. For LAT-AABS case conferences with a Notice of Case Conference issued on or after July 1, 2026, a mandatory Case Conference Summary Form applies.
Do I have to fill out the new Case Conference Summary Form?
If your case conference has a Notice of Case Conference issued on or after July 1, 2026, the Case Conference Summary Form is mandatory for LAT-AABS matters. Its purpose is to summarize the issues and each party’s position so that everyone arrives at the case conference prepared. Confirm the current requirements and forms with Tribunals Ontario.
Does going to the LAT mean I will have a full hearing?
Not always. Many disputes are resolved at or after the case conference without a full hearing. If the matter does not settle, it proceeds to a hearing, which may be in writing, by video or teleconference, or in person, depending on the case, followed by a decision.
Disputing a denied accident benefit can feel daunting, especially with new forms and a system that changed in July 2026. If your benefits have been denied or cut off, Azimi Law can explain how the LAT process applies to your situation and what preparing for it involves. We make no promises about the outcome, only a clear picture of your options. You are welcome to contact us to talk it through.
Facing a denied accident benefit?
The LAT process has new forms and strict deadlines. Get a clear, plain-language read on how to prepare your dispute.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
If you have been found to be a protected person in Canada — a successful refugee claimant or someone granted protection — you may be waiting to take the next step: permanent residence. For 2026 and 2027, Canada has set out a special plan aimed at moving a large group of protected persons into permanent status.
This guide explains what the initiative is, how the permanent-residence process generally works for protected persons, why these files can stall, and what options may exist when an application sits unreasonably long. It is general information, not legal advice.
Key takeaways
As of 2026, Canada’s Immigration Levels Plan for 2026–2028 includes a two-year (2026–2027) initiative aimed at moving roughly 115,000 protected persons to permanent residence.
Being recognized as a protected person is generally a step toward permanent residence, but it is a separate application that must be made and processed.
Permanent-resident admissions are being held flat at 380,000 per year for 2026, 2027 and 2028, so timing and competition matter.
When an application stalls for an unreasonably long time, an order called mandamus from the Federal Court can, in some cases, compel a decision.
These figures and targets can change — confirm current details with IRCC on canada.ca.
What is a protected person?
Generally, a protected person is someone Canada has recognized as needing protection — for example, a person whose refugee claim was accepted by the Refugee Protection Division, or someone granted protection through another route. Being a protected person is an important status, but on its own it is not the same as being a permanent resident.
To become a permanent resident, a protected person normally has to apply for permanent residence and have that application approved. That is a separate process with its own forms, documents, and processing time.
The 2026–2027 protected persons initiative
Canada’s Immigration Levels Plan for 2026–2028 sets out the government’s planning targets for how many people it aims to welcome. Within that plan is a special two-year initiative, running across 2026 and 2027, aimed at moving approximately 115,000 protected persons into permanent residence.
The goal, as reflected in the plan, is to help people who already have protection in Canada settle into permanent status. If you are a protected person with a permanent-residence application in progress — or one you have not yet filed — this initiative is part of the backdrop, though it does not change the need to file a complete, accurate application.
The initiative reflects a planning target, not an automatic approval. If you are a protected person, you still generally need to file a complete, accurate permanent-residence application, and it still has to be processed.
How the numbers fit together for 2026–2028
The initiative sits inside a broader plan that, as of 2026, holds overall permanent-resident targets steady. Understanding the shape of the plan helps explain why competition and timing matter.
Element of the 2026–2028 plan
What it says (as of 2026)
Permanent-resident admissions
Held flat at 380,000 per year for 2026, 2027 and 2028
Economic class share
Roughly 63–64%
Family class share
Roughly 21–22%
Refugees and protected persons share
Roughly 13%
Protected persons initiative
About 115,000 to permanent residence over 2026–2027
Temporary-resident arrivals target
Cut to 385,000 for 2026
Because the overall permanent-resident number is flat rather than growing, getting an application right the first time — complete, accurate, and well documented — generally matters more, not less.
Why protected-person PR files can stall
Even where someone clearly qualifies, permanent-residence applications can take a long time to process. Delays can come from background and security checks, requests for further documents, identity and admissibility questions, or simply the volume of files in the system. For protected persons, gathering the right identity and status documents can add time.
Long waits are frustrating and, for many people, carry real consequences — for family reunification, travel, and stability. But a long processing time is not, by itself, the same as an unreasonable delay in the legal sense.
When delay becomes unreasonable: mandamus
When an application stalls for an unusually long time with no adequate explanation, one possible remedy is an order called mandamus. This is an order from the Federal Court that can compel Immigration, Refugees and Citizenship Canada (IRCC) to make a decision on a stalled file. It does not order IRCC to say “yes” — it orders a decision to be made.
In deciding whether to grant mandamus, the Federal Court generally weighs the factors set out in the case law often called the Conille factors, which look at matters such as:
whether there is a public legal duty owed to the applicant to make a decision;
whether the delay in making that decision has been unreasonable;
whether there is any adequate alternative remedy; and
whether the balance of convenience favours granting relief.
In practice, a formal demand letter to IRCC often comes before any court filing, giving the department a clear opportunity to act. Mandamus is a demanding remedy and every file is different, so this is an area where tailored advice matters.
Practical steps while you wait
Keep copies of your protection decision, application, and any correspondence with IRCC in one place.
Respond promptly and completely to any request for documents or information.
Keep your contact details up to date with IRCC so you do not miss a request or a decision.
Track how long your file has been in process against IRCC’s posted processing times on canada.ca.
If your file appears stalled well beyond the norm, consider getting legal advice about your options.
Frequently asked questions
Does being a protected person mean I am already a permanent resident?
Generally no. Protected-person status is an important recognition, but permanent residence is a separate application that must be filed and approved. The 2026–2027 initiative is aimed at helping protected persons make that transition.
Will the 115,000 initiative approve my application automatically?
No. The initiative reflects a planning target, not an automatic approval. You still generally need to submit a complete, accurate permanent-residence application, and it still has to be processed. The target helps explain the government’s direction, not the outcome of any one file.
My PR application has been pending for years. Is that “unreasonable”?
It depends. A long wait alone is not automatically unreasonable in the legal sense; courts look at the full context, including the reasons for delay and whether a decision-making duty is owed. If your file seems stalled well beyond normal processing times, it may be worth seeking advice about whether a demand letter or a mandamus application makes sense.
Where can I confirm the current targets and processing times?
Immigration targets and processing times change. Confirm the current figures and timelines with IRCC on canada.ca before relying on any number, including the ones in this article.
If you are a protected person waiting on permanent residence — or your application seems stuck — you do not have to navigate it alone. Azimi Law can talk with you about how the process applies to your situation and whether steps such as a demand letter or a Federal Court application may be appropriate. You are welcome to reach out to discuss your circumstances; there is no obligation and no guarantee of any particular result.
Waiting on protected-person permanent residence?
Get a clear, plain-language read on the 2026 initiative and whether a demand letter or mandamus may help a stalled file.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
In June 2026, the federal government proposed a substantial set of changes to how Canada’s asylum system works. If you are a refugee claimant, or you support someone who is, these proposals matter — but it is just as important to understand that they are, at this stage, proposed rules that are not yet final. This guide explains what was published, what it aims to do, and why getting advice early is wise while the picture is still changing.
Because these are draft rules that may be revised before they take effect, the safest approach is to treat them as a signal of where the system is heading rather than as settled law. Confirm the current rules on canada.ca before making decisions.
These changes are proposed, not final. Publication in the Canada Gazette, Part I is a step in the rule-making process, not the end of it — the exact wording and effect of the final rules may differ from what was proposed.
Key takeaways
On June 20, 2026, the government published proposed asylum-reform rules in the Canada Gazette, Part I.
The package includes proposed Regulations Amending the Immigration and Refugee Protection Regulations (Asylum System Reform) and proposed Rules Amending the Refugee Protection Division Rules.
The proposals were open for a 30-day comment period and are meant to help implement Bill C-12.
These changes are proposed, not final — they may be amended before coming into force.
The Refugee Protection Division (RPD) is the part of the Immigration and Refugee Board that hears most refugee claims.
Because the system is changing quickly, claimants should get advice early and confirm current rules on canada.ca.
What was published on June 20, 2026
The proposals appeared in the Canada Gazette, Part I — the official publication where the federal government sets out draft regulations for public comment before they are finalized. The package had two main parts: proposed Regulations Amending the Immigration and Refugee Protection Regulations, described as asylum system reform, and proposed Rules Amending the Refugee Protection Division Rules. A companion IRCC release was titled “Canada proposes new regulations to modernize the asylum process.”
Together, these measures are intended to implement Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, which became law on March 26, 2026. In other words, the June 2026 package is part of turning that legislation into detailed working rules.
What “proposed” really means
This is the most important point to keep in mind. Publication in the Canada Gazette, Part I is a step in the rule-making process, not the end of it. The proposals were open for a 30-day comment period, during which members of the public, legal organizations, and others could provide feedback.
After a comment period, proposed rules can be adopted as published, changed, or reconsidered. That means the exact wording and effect of the final rules may differ from what was proposed. For anyone planning around these changes, the practical takeaway is to avoid treating the draft as final and to verify the current status before acting.
Item
Detail
Where published
Canada Gazette, Part I
Date published
June 20, 2026
What was proposed
Regulations Amending the IRPR (Asylum System Reform); Rules Amending the RPD Rules
Comment period
30 days
Purpose
To help implement Bill C-12
Status
Proposed — not yet final
How the RPD process generally works
To understand why rule changes at this level matter, it helps to recall how the Refugee Protection Division fits in. In general terms, when a refugee claim is eligible and referred to the Immigration and Refugee Board, it goes to the RPD, which decides whether the person is a Convention refugee or a person in need of protection. The RPD Rules set out the procedure — things like how documents are filed, how hearings are conducted, and the timelines that apply.
Because procedural rules shape how a claim is prepared and presented, changes to the RPD Rules can affect deadlines, evidence, and the practical steps a claimant must take. That is why proposed changes at this level are worth watching closely, even before they are final.
It is also worth remembering that regulations and procedural rules work alongside the underlying legislation. Bill C-12 set the framework in the statute; the regulations and RPD Rules are meant to fill in the operational detail. When new detail is added, questions can arise about exactly how a rule applies to a particular set of facts. Those questions are often worked out over time — through official guidance, through day-to-day practice at the Board, and sometimes through the courts. In a period of rapid change, that uncertainty is another reason to prepare carefully and to keep an eye on official updates.
Why this connects to litigation
Bill C-12 already made some claims ineligible for referral to the Board, with risk instead assessed through a Pre-Removal Risk Assessment and challenges available in the Federal Court. As the asylum system is reformed through regulations and rule changes, the way claims are processed, and the points at which decisions can be challenged, may continue to shift. New rules can also raise fresh questions of interpretation that take time to settle. For claimants, this reinforces the value of understanding the process and getting advice early rather than after a deadline has passed.
What claimants and counsel should watch
Whether and when the proposals are finalized, and how the final wording compares to the draft.
Changes to timelines and procedure in the RPD Rules that could affect how a claim must be prepared.
How the reforms interact with Bill C-12’s ineligibility bars and the PRRA process for barred claimants.
Official guidance on canada.ca, which is the most reliable place to confirm the current rules as they take effect.
Do not wait for the final rules before getting advice. Refugee timelines can be short and the system is changing quickly — getting advice early can help you understand your options and avoid missing a deadline, even while some rules are still being finalized.
Frequently asked questions
Are these new rules in effect now?
As published in June 2026, they were proposed rules open for comment, not final law. Proposed rules can change before they come into force, so confirm the current status on canada.ca before relying on any detail.
What is the Canada Gazette, Part I?
It is the official publication where the federal government sets out draft regulations for public comment. Publishing there is part of the process of making new rules; it does not mean the rules are final.
What does the 30-day comment period do?
It gives the public and interested organizations a set window to provide feedback on the proposals. After that, the government can finalize the rules as drafted, revise them, or reconsider.
How does this relate to Bill C-12?
The June 2026 package is meant to help implement Bill C-12, which became law in March 2026. The regulations and RPD Rule changes fill in the working details needed to put that legislation into practice.
Should I wait for the final rules before getting advice?
No. Refugee timelines can be short, and the system is changing quickly. Getting advice early can help you understand your options and avoid missing a deadline, even while some rules are still being finalized.
Asylum reform in 2026 is a moving target, and it can be hard to tell which rules apply to your situation and when. If you are a claimant or you are helping a family member, Azimi Law would be glad to explain how the current and proposed changes may affect you — with no pressure and no promises about the outcome. You are welcome to reach out to discuss your circumstances.
Wondering how the 2026 changes affect you?
Asylum reform is a moving target. Get a clear, plain-language read on where you stand and what to watch.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.
Sometimes a person has built a life in Canada but does not fit neatly into any regular immigration category. For those situations, Canadian immigration law allows a request for status on humanitarian and compassionate (H&C) grounds — a discretionary path that asks an officer to consider the human circumstances of a case.
This guide explains how H&C applications work, the factors officers weigh, why H&C is treated as exceptional relief, and how a refusal can be challenged. It is general information about the law in Canada, not advice about your specific situation.
Key takeaways
An H&C application asks Canada to grant status on compassionate grounds, outside the usual categories.
Officers weigh establishment, hardship, family ties, and the best interests of any affected children.
Baker v. Canada (1999) requires the best interests of children to be genuinely considered.
H&C is discretionary and exceptional, and processing can be slow amid the 2026 backlog.
Refusals are generally challenged by judicial review in Federal Court (reasonableness, Vavilov), with short filing deadlines.
What an H&C application is
An H&C application asks the government to grant permanent residence, or to exempt a person from certain requirements, based on compassionate considerations rather than the usual eligibility rules. It is available under Canada’s immigration statute as a form of discretionary relief. Because it sits outside the ordinary streams, it is generally seen as an exception — not a routine alternative to a regular application.
H&C is often considered by people who have lived in Canada for a long time, families with children who have put down roots, and individuals who would face serious hardship if required to leave and apply from abroad.
The factors officers weigh
Officers assess H&C requests globally, looking at the whole picture rather than a checklist. Commonly considered factors include:
Factor
What officers look at
Establishment in Canada
Length of time here, employment, education, community and volunteer ties, financial stability, and integration.
Hardship if removed
The difficulties a person would face if they had to leave Canada and apply in the ordinary way from another country.
Best interests of any children
How a decision would affect children directly involved or affected, including their care, schooling, health, and stability.
Family ties
Relationships in Canada, dependency, and the impact of separation on the family.
Other personal circumstances
Health, ability to re-establish elsewhere, and any other relevant human factors raised by the applicant.
The best interests of the child
Where children are affected, their best interests must be identified, defined, and given real weight in the decision. This principle is rooted in a long-standing Supreme Court of Canada decision, Baker v. Canada (1999), which shaped how officers must approach both fairness and the interests of children in H&C decisions. It does not mean a child’s interests always outweigh everything else, but an officer generally cannot treat them as an afterthought. A decision that fails to genuinely grapple with how children would be affected may be vulnerable on review.
Where children are affected, their best interests must be identified, defined, and given real weight in the decision. An officer generally cannot treat them as an afterthought, and a decision that fails to genuinely grapple with how children would be affected may be vulnerable on review.
Why H&C is treated as exceptional
H&C relief is discretionary and is generally understood as an exception to the usual requirement that people apply through the standard categories. Officers are not simply asking whether it would be nicer for the applicant to stay; they weigh whether the humanitarian and compassionate considerations justify an exemption in this particular case. Because it is exceptional, applicants are usually expected to put forward a full, well-documented picture of their circumstances rather than a brief request.
It also helps to understand what H&C generally does not do. It is not a substitute for a refugee claim, and hardship that is faced by the general population of a country is usually weighed differently than hardship personal to the applicant. An officer is looking for the specific human circumstances of this person and this family, tied to evidence, rather than a general description of conditions somewhere.
Building a well-supported application
Because H&C decisions turn on the strength of the record, the quality of the supporting material often matters as much as the underlying facts. While every case is different, applications are generally stronger when they are specific and backed by documents rather than assertions. Common forms of supporting evidence include:
Proof of time in Canada and integration — employment records, tax documents, education, and community involvement;
Letters of support from employers, community members, and organizations that know the applicant;
Documents about any children affected — school records, medical information, and evidence of their ties to Canada;
Evidence about the hardship a person would face if required to leave and apply from abroad;
A clear, honest narrative that ties the facts to the humanitarian and compassionate considerations being raised.
Accuracy is essential throughout. Inconsistent or inaccurate information can raise credibility concerns and, in serious cases, misrepresentation issues that create problems well beyond the H&C application itself.
Processing times and the 2026 backlog
H&C applications are known for long processing times, and pressure on the system has grown. Immigration matters now make up a very large share of the Federal Court’s workload — reportedly around 86% of its caseload — with immigration filings rising to more than 28,000 in 2025. Delays at the decision-making stage, and at the courts if a refusal is challenged, mean patience is often required. Applicants should plan for a lengthy process and keep their contact information and supporting details current throughout.
Challenging an H&C refusal
There is generally no appeal of an H&C refusal to a tribunal. Instead, the usual route is to ask the Federal Court for leave to seek judicial review. A few points worth understanding:
Judicial review is not a re-decision. The court examines whether the officer’s decision was reasonable and whether the process was fair — it does not substitute its own view of the merits.
The standard is reasonableness. Following the Supreme Court’s decision in Vavilov (2019), a reviewing court asks whether the decision is transparent, justified, and internally coherent in light of the evidence and the law.
Deadlines are short. The application for leave generally must be filed within 15 days for a decision made in Canada, and 60 days for one made outside Canada.
Outcomes. If the court grants the application, the usual remedy is to send the matter back to a different officer for redetermination — not an order granting status.
Frequently asked questions
Who can apply on humanitarian and compassionate grounds?
H&C is available to people who do not qualify under the ordinary categories but whose circumstances raise compassionate considerations — for example, long establishment in Canada, hardship if removed, or children whose interests are at stake. Whether it fits your situation depends on your specific facts.
Will a strong establishment record guarantee approval?
No. H&C is discretionary, and officers weigh all the factors together. A strong establishment record helps, but there are no guarantees, and each case is decided on its own circumstances.
How are children’s interests handled?
The best interests of any children affected must be identified and given real weight, following Baker v. Canada. That does not make those interests automatically decisive, but an officer generally must engage with them meaningfully rather than dismiss them.
Can I appeal if my H&C application is refused?
There is generally no tribunal appeal. The usual route is to seek leave for judicial review at the Federal Court, which looks at whether the decision was reasonable and fair. Because deadlines are short, it is important to act quickly.
How long do H&C applications take?
Processing can be lengthy, and delays have grown amid heavy demand across the immigration system. Confirm current processing times on canada.ca and plan for a long wait.
If you are considering an H&C application, or you have received a refusal you want to understand, Azimi Law can review your circumstances and explain the options that may be open to you. You are welcome to get in touch for a conversation — with no obligation and no promises about any particular result.
Considering an H&C application or challenging a refusal?
Get a clear, plain-language read on how the Baker factors and judicial review apply to your situation.
This article is general legal information, not legal advice, and does not create a lawyer–client relationship. Laws, benefit amounts, deadlines, and government policies change and depend on your specific circumstances. Please confirm current details with the official source or contact Azimi Law for advice about your situation.