published on 13 July 2026 @ 4:40 pm · COMMENT

Canada’s New Refugee Regulations and Proposals: The Pros and the Cons

Canada’s refugee system may soon undergo some significant procedural changes.

On June 20, 2026, the federal government published proposed regulations associated with the implementation of portions of Bill C-12 (AKA the “Strengthening Canada’s Immigration System and Borders Act”), which came into force earlier this year and introduced notable changes to Canada’s refugee determination process. The proposed regulations are currently open for public consultation until July 20, 2026, and are expected to come into force later this year.

While these changes are not yet law, they provide a clear indication of the government’s intended direction with respect to the refugee determination process.

One of the biggest proposed changes is a more streamlined refugee claim process. Under the new regulations, claimants would utilize a single online application process to submit the information and documentation related to their claim to the Minister of Citizenship and Immigration, regardless of whether the claim had been initiated inland or at the port of entry. The government’s stated aim is to minimize the need for claimants to provide duplicate information throughout the claim process and to ensure that the Minister has the opportunity to conduct “due diligence” activities before a claim is even referred to the Refugee Protection Division (“RPD”).

The proposed regulations also include a positive change for eligible refugee claimants by formally incorporating earlier access to open work permits. Since November 2022, eligible asylum claimants have been able to apply for an open work permit once their claim has been found eligible under a temporary public policy, rather than waiting for their claim to have been formally referred to the RPD. The proposed regulations would make this approach a permanent feature of the regulatory framework, providing greater certainty and stability for claimants by allowing them to begin working and supporting themselves sooner.

Another important aspect of the proposed regulations concerns the new one-year asylum ineligibility rule introduced by Bill C-12. Since the coming into force of Bill C-12, individuals who make a refugee claim more than one year after their first entry into Canada (where that entry occurred after June 24, 2020) are ineligible for referral to the IRB. This applies even if the individual has since left and re-entered Canada. The proposed regulations set out an exception for unaccompanied minors: the one-year bar would not apply to individuals who are under 18 years of age at the time they make their claim and who do not have a parent or another adult in Canada who is legally responsible for them. Notably, however, the proposed regulations do not create an exception for “sur place” refugee claims, where a person’s need for protection arises because of events that occur after they have arrived in Canada (and more than one-year following their first entry after June 24, 2020). Individuals in those circumstances may instead need to explore other avenues of protection, such as a Pre-Removal Risk Assessment (“PRRA”), depending on their particular situation.

Although many of the changes within the proposed regulations are intended to streamline the refugee determination process, they also reinforce the importance of preparing a strong claim from the outset. As procedural requirements become more structured, meeting deadlines and submitting complete information early will become even more critical to the success of a refugee claim. Experienced legal counsel is now, more than ever, an imperative to ensure that refugees understand their current options in today’s evolving refugee law landscape. Experienced refugee legal advice will ensure that a refugee claim is presented as effectively as possible since there are no second chances.

filed under: IMMIGRATIONPERMANENT RESIDENCE