If you are a refugee claimant in Canada, or you are helping someone who is, one of the most important 2026 developments is a new law that can keep certain claims from ever reaching the Immigration and Refugee Board (IRB). Bill C-12 became law in March 2026 and introduced two new ineligibility bars, often described as the “one-year” rule and the “14-day” rule.
This guide explains what these bars are, who they may affect, and what happens to a claim that cannot be referred to the Board. The rules are new and the surrounding legal debate is ongoing, so this is general information only. Because refugee deadlines are short and the stakes are high, it is important to get advice about your own circumstances quickly.
These bars turn on precise dates and border facts. Whether a bar applies depends on when a person first entered Canada, how they crossed the border, and when they made their claim — so careful attention to the facts is essential.
Key takeaways
- Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, received Royal Assent on March 26, 2026.
- It created two ineligibility bars on referral to the IRB, applying to claims made on or after June 3, 2025.
- The one-year bar: a claim made more than one year after first entry to Canada (for entries after June 24, 2020) is not referred to the Board.
- The 14-day bar: a claim by someone who crossed between official ports of entry at the Canada–US land border and claims after 14 days is not referred.
- Barred claimants are assessed through a Pre-Removal Risk Assessment (PRRA) instead of a Refugee Protection Division hearing, and refusals can be challenged in Federal Court.
- A temporary IRCC public policy grants open work permits to certain claimants whose claims cannot be referred to the Board.
What Bill C-12 changed
Bill C-12 carried forward asylum-related measures from earlier legislative efforts and became law on March 26, 2026. Among other things, it added two new circumstances in which a refugee claim will not be referred to the Immigration and Refugee Board. These are ineligibility bars: if one applies, the claim does not go to the Board’s Refugee Protection Division (RPD) for a hearing at all.
Both bars apply to claims made on or after June 3, 2025. Understanding whether a bar applies turns on precise dates — when a person first entered Canada, how they crossed the border, and when they made their claim — so careful attention to the facts is essential.
The one-year bar
Under the one-year bar, a refugee claim made more than one year after the person’s first entry to Canada is not referred to the IRB. This applies to entries after June 24, 2020. Notably, it can apply even if the person left Canada and later returned — the clock generally runs from the first entry.
The practical effect is that people who have been in Canada for some time before claiming may find that their claim cannot reach the Board, regardless of the strength of their underlying fear of return.
The 14-day bar
The second bar targets certain land-border crossings. If a person crossed between official ports of entry along the Canada–US land border, and then makes a refugee claim more than 14 days after crossing, the claim is not referred to the Board.
Bill C-12 did not change how the Safe Third Country Agreement applies. The 14-day bar is a separate measure focused on the timing of a claim after an irregular land-border crossing.
| Feature | One-year bar | 14-day bar |
|---|---|---|
| What triggers it | Claim made more than one year after first entry to Canada | Crossing between ports of entry at the Canada–US land border, then claiming after 14 days |
| Relevant entry date | Entries after June 24, 2020 | Applies to the land-border crossing described |
| Claims covered | Claims made on or after June 3, 2025 | Claims made on or after June 3, 2025 |
| Result | Not referred to the IRB | Not referred to the IRB |
What happens if your claim is barred: PRRA instead of the RPD
Being barred from IRB referral does not mean a person is simply removed without any assessment of risk. Instead of a Refugee Protection Division hearing, a barred claimant’s risk is assessed through a Pre-Removal Risk Assessment. A PRRA considers whether the person would face risks such as persecution, torture, or a danger to life if returned.
A PRRA is a different process from an RPD hearing. It is often decided on paper, and the way risk is presented and documented can be critical. If a PRRA is refused, that decision can generally be challenged by way of judicial review in the Federal Court — which is one reason litigation has become more central for claimants affected by these bars.
Being barred is not the same as being removed without any assessment of risk. A PRRA still considers whether the person would face persecution, torture, or a danger to life if returned, and a refusal can generally be challenged in the Federal Court. The process is different, not absent.
Open work permits for some barred claimants
To address the situation of people whose claims cannot be referred to the Board, IRCC introduced a temporary public policy that grants open work permits to certain such claimants. Eligibility rules for this measure are specific and can change, so anyone who thinks they may qualify should confirm the current criteria on canada.ca or with counsel.
The wider legal debate
Measures that limit access to the Refugee Protection Division are significant, and they have prompted legal and policy discussion, including questions about how they interact with Canada’s obligations and the Charter. These debates are ongoing and unresolved. This article does not take a position on them; it simply notes that the law in this area is new and may be tested and clarified over time. Claimants should not assume the current rules are the last word, and should watch for developments and confirm the current state of the law.
Frequently asked questions
Does an ineligibility bar mean I will be removed right away?
No. A bar means your claim is not referred to the Immigration and Refugee Board, but your risk of return is generally assessed through a Pre-Removal Risk Assessment, and an unfavourable result can often be challenged in Federal Court. The process is different, not absent.
The one-year bar mentions leaving and returning — does re-entering reset the clock?
Generally no. The one-year period runs from a person’s first entry to Canada (for entries after June 24, 2020), so leaving and coming back does not typically restart it. Because the details matter, confirm how the rule applies to your specific travel history.
I crossed the land border between ports of entry. How quickly must I claim?
Under the 14-day bar, a claim made more than 14 days after crossing between ports of entry at the Canada–US land border is not referred to the Board. If this may apply to you, it is important to get advice promptly rather than waiting.
Can I work while my situation is sorted out?
A temporary IRCC public policy grants open work permits to certain claimants whose claims cannot be referred to the Board. Whether you qualify depends on specific criteria, which can change, so confirm the current rules on canada.ca or with a lawyer.
Is this law settled?
Bill C-12 is in force, but the surrounding legal questions are still being discussed and may be tested in the courts. Treat the current rules as the law today while recognizing that details may be clarified over time.
The new ineligibility bars turn on precise dates and border facts, and the consequences of being barred are serious. If you are worried that the one-year or 14-day rule may affect your claim, Azimi Law would be glad to talk through your circumstances and explain the options — without pressure and without promising any particular outcome. You are welcome to get in touch to discuss your situation.
Unsure whether a bar applies to your claim?
Refugee deadlines are short and the stakes are high. Get a clear, plain-language read on where you stand.
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.