New rules and deadlines for asylum claims in Canada

The Government of Canada has recently implemented a major overhaul of its asylum system. Since November 3, 2026, new regulations amending the Immigration and Refugee Protection Regulations (IRPR) have officially come into effect. These changes, published in Part II of the Canada Gazette on November 4, 2026, stem from the Act to strengthen Canada's immigration system and borders (Bill C-12), which received Royal Assent on March 26, 2026.

The primary goal of this reform is to modernize the asylum system to support timely decisions while strengthening the integrity of Canadian borders. Here is a detailed breakdown of the new procedures that asylum seekers and immigration consultants must now navigate.

What changes

The new regulatory framework introduces several major transformations in the processing of asylum claims in Canada:

• Single online portal: The process is now centralized. Claimants must use a single digital portal to initiate and complete their asylum claim, thereby streamlining administrative procedures.
• Government pre-screening: To reduce hearing suspensions and postponements, files now undergo rigorous screening before being referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board of Canada (IRB). This "schedule ready" screening includes security, criminality, admissibility, and integrity checks.
• Strict framework for abandonments: Precise new rules have been established regarding the reporting of incomplete or inactive files. The procedures for declaring a claim abandoned and for reinstating a previously withdrawn claim are now strictly regulated.
• Early designated representatives: To protect vulnerable claimants, such as unaccompanied minors or individuals unable to understand the proceedings, a designated representative is appointed during the stages prior to the IRB referral.
• Labour market access: The rules facilitating access to open work permits have been simplified and confirmed for claimants whose claims are deemed eligible or who access a risk assessment.

Who is affected

These new provisions apply to all foreign nationals claiming refugee protection in Canada. This includes claims made from within the country (inland) as well as those made at a border port of entry, whether by land, air, or sea.

It is important to note that the new inadmissibility criteria apply to all asylum claims initiated on or after June 3, 2025. However, to ensure a smooth transition, asylum claims formally submitted before November 3, 2026, will continue to be processed under the previous procedure.

Key dates and figures

The reform introduces very strict limitation periods that can render a claim inadmissible. The table below summarizes the main deadlines to respect:

It should also be noted that the Safe Third Country Agreement (STCA) remains fully in effect. Individuals crossing at an official port of entry or intercepted within 14 days of an irregular crossing are returned to the United States unless they meet a specified exemption.

These measures come amid a significant drop in claims. Between January and August 2026, asylum claims filed in Canada saw a 52% decrease compared to the same period in 2025, and a 68% decrease compared to 2024.

What to do

The administrative steps vary depending on where the claim is made, but all require strict compliance.

For a claim made from within Canada (Inland):

1. Online: The claimant must express their intent to claim asylum and provide initial information via the IRCC Portal.
2. In person: They are then called for an appointment with an official to formally submit their claim, provide biometrics, and undergo the admissibility assessment.
3. After admissibility: The complete file must be submitted within the prescribed 60-day deadline before final transmission to the IRB.

For a claim made at a Port of Entry (POE):

1. The claimant makes a declaration to a Canada Border Services Agency (CBSA) officer. The officer seizes original identity documents and collects biometrics (photos and fingerprints from age 14).
2. An initial admissibility interview is conducted.
3. If the claim is eligible, a conditional removal order is issued, along with a notice of instruction ordering the claimant to finalize the application online in the IRCC Portal within 60 days.

Exceptions and recourse: Unaccompanied minors are exempt from the new inadmissibility grounds (the 1-year rule and the 14-day rule). Furthermore, individuals whose claims are declared inadmissible for the IRB are not automatically removed without review. They generally remain eligible to apply for a Pre-Removal Risk Assessment (PRRA). In such cases, the removal order is stayed, and the claimant may apply for a temporary work permit under the applicable public policy.