Canada's new asylum rules are now in force, replacing the old paper-based process with a single online application and setting firm deadlines that claimants must meet if their case is to reach a hearing.

The regulations, which took effect on 3 November 2026 under the Strengthening Canada's Immigration System and Borders Act, known as Bill C-12, were introduced to clear a large backlog at the Immigration and Refugee Board of Canada (IRB). According to the government's regulatory impact statement, the board's inventory rose from around 70,000 claims at the end of 2022 to nearly 300,000 by the end of 2025. Claims have already begun to fall: Immigration, Refugees and Citizenship Canada (IRCC) says asylum claims from January to August 2026 were 52 per cent lower than in the same period of 2025, and 68 per cent lower than in 2024.

One online process and a 60-day deadline

Under the new system, every asylum claim in Canada, whether made inland or at a port of entry, goes through a single online application process. People seeking protection from inside Canada must first use the IRCC Portal to answer questions and indicate their intention to make a claim, before being invited to an in-person appointment with an officer where the claim is formally made.

Once an officer finds a claim eligible for referral to the IRB, the claimant has 60 days to submit the completed application and required documents, with a one-time extension of 30 days available on request. The old Basis of Claim Form has been removed, and the information it contained is now given to the minister as part of the application, before the claim reaches the Refugee Protection Division.

The government must also complete its own checks before a claim is referred. Security, criminality, admissibility and programme-integrity reviews must be finished within 365 days of the minister receiving the complete file, or as soon as feasible if operational limits prevent that. Only claims that are ready to proceed to a hearing are then sent to the IRB, which sets the hearing date.

Tighter eligibility rules and new exceptions

The changes also put into practice eligibility limits introduced by Bill C-12, which received royal assent on 26 March 2026. A claim is ineligible for referral if it is made more than one year after the person's first entry into Canada after 24 June 2020, or more than 14 days after entering Canada between official ports of entry along the Canada–United States land border. The regulations add exceptions: the one-year rule does not apply to someone who submits documents or information with a view to making a claim within a year of entering, and unaccompanied minors are exempt from both rules.

The regulations also clarify how eligibility under the Canada–US Safe Third Country Agreement is determined. The 14-day period in the agreement's Additional Protocol now begins when a person submits the online application indicating their intention to claim, rather than at a later stage of the process.

Earlier abandonment risk and work permits

The new framework moves risk earlier in the process. Under the old system, a claim was mostly at risk of being found abandoned at the IRB stage. Now, if a claimant does not provide what the minister requires within the deadlines, the claim can be sent to the IRB for an abandonment proceeding before referral. There is also a new route back: a person who withdrew a claim may apply to the minister to have it reinstated, explaining why and whether the application was made on time.

After referral, any change to the basis of claim information must be made in writing, with a description of how it differs from what was first provided and a declaration that it is complete, true and correct. It must arrive no later than five days after the claimant receives the notice to appear, and a hearing date will now be changed only in exceptional circumstances.

Support for vulnerable claimants has been strengthened, with clearer rules on when a designated representative must be appointed for people under 18 or adults who cannot fully understand the proceedings. Eligible claimants will also continue to be able to receive work permits after submitting a complete claim, an approach the regulations make permanent.

The regulations were registered on 23 October and published in the Canada Gazette on 4 November. They apply to claims made from 3 November onwards; claims already referred to the IRB continue under the previous requirements. Anyone affected should check the official IRCC guidance, as the rules are general information and individual cases depend on their own facts. Read the IRCC backgrounder on the new asylum system and the Law360 Canada analysis of the first weeks under the rules for more detail.