published on 16 January 2026 @ 3:32 pm · COMMENT

Understanding Proposed Changes for Refugee Claims under Bill C-12: One-Year Bar and Safe Third Country Agreement (STCA) Updates

Bill C-12, titled the Strengthening Canada’s Immigration System and Borders Act, proposes significant and controversial changes to how refugee claims are assessed in Canada. Most notably, the bill introduces new eligibility bars that would prevent certain individuals from accessing a full hearing before the Refugee Protection Division (“RPD”). The bill is currently progressing through the Senate, following completion of its first reading therein.

Historically, a delay in making a refugee claim after entering Canada was not, on its own, determinative. While delay could be considered when assessing a claimant’s subjective fear of persecution, decision-makers examined it context – including trauma, lack of legal knowledge, language barriers, or evolving conditions in the country of origin. This approach also accommodated “sur place” claims, where a person’s fear arises only after arrival in Canada due to changed personal circumstances or deteriorating country conditions.

Bill C-12 represents a sharp departure from this approach. Under the proposed legislation, individuals who make a refugee claim more than one year after first entering Canada would be barred from referral to the RPD, regardless of the reasons for the delay. In addition, the bill would eliminate the existing 14-day exemption to the Canada-US Safe Third Country Agreement (“STCA”). Affected individuals would instead be limited to a pre-removal risk assessment (“PRRA”), which offers fewer procedural safeguards than a full RPD hearing. The bill does, however, provide authority for the government to make regulations allowing exceptions to these bars, offering at least a potential avenue for flexibility in their application.

The one-year bar is proposed to apply retroactively to those who entered Canada on or after 24 June 2020, raising concerns for many currently in Canada. Transitional provisions in the bill outline how existing, but not yet decided, refugee claims will be treated. While the government frames these changes as necessary to deter misuse and reduce backlogs, human rights organizations and refugee advocates have strongly criticized the bill, warning that rigid and retroactive time bars may exclude genuine refugees and undermine Canada’s international protection obligations.

BARTLAW LLP has extensive experience advising on complex refugee and risk-based immigration matters. If you have concerns about how Bill C-12 may affect your eligibility to seek protection in Canada, we encourage you to contact our office for tailored legal advice.

This blog post reflects the state of Bill C-12 as of the completion of its first reading in the Senate. As the bill continues through the parliamentary process, amendments or further changes may occur.

filed under: IMMIGRATIONPERMANENT RESIDENCE