What This Page Is For
If you received a Procedural Fairness Letter (PFL) from IRCC or CBSA after Bill C-12 became law, the letter likely says that your refugee claim may be ineligible to be referred to the Refugee Protection Division. The letter will be based on one of two new rules:
- Section 101(1)(b.1) — the one-year ineligibility period (you filed your refugee claim more than one year after first entering Canada after June 24, 2020), or
- Section 101(1)(b.2) — the 14-day rule (you crossed the Canada–US land border between official ports of entry and waited more than 14 days to file your claim).
This page explains, in plain language, what you can consider doing if you are responding to the letter on your own. It is general information only — it is not legal advice and it cannot replace the advice of a qualified refugee lawyer. If you can possibly reach a lawyer, legal aid office, or community legal clinic, please do so before sending your response. A wrong response can have very serious consequences.
Step-by-Step: What to Consider Including in Your Response
Read your PFL very carefully
Your letter will likely contain wording like "According to our records, you entered Canada on…" (for the one-year rule) or "According to our records, you entered Canada at…" (for the 14-day rule). Read every detail closely. Pay attention to the exact date and the exact location they list. If anything looks unfamiliar or wrong to you, that detail is important — you can challenge it in your response.
Ask where their information came from (request disclosure)
If the date or location of entry in your PFL is wrong, or if you do not recognize where it came from, you can ask IRCC or CBSA to tell you the source of that information — for example, which records they are relying on. Make this request in writing as part of your response, and do it as early as possible so you have time to react to whatever they provide before your deadline.
Show that the rule does not actually apply to you
If you have evidence that the ineligibility rule does not really fit your situation — for example, your true first entry into Canada was before June 24, 2020, or you actually filed your claim within one year of your first entry — explain this clearly in your written response. Attach any documents that prove your version of the facts: passport stamps, plane tickets, hotel receipts, school records, medical records, employment records, government letters, photos with timestamps — anything that helps confirm your timeline.
Provide a sworn statement (an affidavit)
A strong response usually includes a written statement from you, signed under oath. This is called an affidavit. In it, you describe — under oath — what actually happened: when you entered Canada, how, where, and any other important facts. An affidavit is a formal legal document. You must sign it in front of a commissioner of oaths, notary public, or lawyer. Many legal clinics, public libraries, and post offices have someone who can witness your signature, sometimes for free or for a small fee.
Attach your supporting documents (passport copies, tickets, etc.) to the affidavit as numbered exhibits, and refer to them in the affidavit (e.g., "Attached as Exhibit A is a copy of my passport entry stamp dated…").
Check whether any exceptions apply to you
Bill C-12 allows the government to publish regulations creating exceptions to the one-year rule and the 14-day rule. These regulations may or may not be published by the time your response is due. Before you send your response, check the Government of Canada website for any new regulations listing exceptions. If you fit one of those exceptions, say so in your response and explain why it applies to you.
Ask for an in-person interview if needed
If the officer might have doubts about whether your sworn statement is true, you can ask them in your written response to hold an oral interview so you can explain in person. The law does not automatically guarantee you this right, but because an ineligibility decision has very serious consequences, there is a strong fairness argument — based on the Supreme Court case Baker v. Canada — that one should be held when credibility is in question.
If you want an interview, you must clearly request it in writing. It will likely not happen on its own.
Preserve your right to challenge the law itself later (Charter arguments)
Many people affected by Bill C-12 may eventually want to challenge the law itself — arguing that sections 101(1)(b.1) or 101(1)(b.2) of the Immigration and Refugee Protection Act violate the Canadian Charter of Rights and Freedoms. However, the officer deciding your eligibility does not have the power to strike down a law. In fact, the PFL may even tell you that only information about your circumstances of entry will be considered.
You do not need to make a full constitutional argument in your PFL response in order to raise it later at the Federal Court. But it is good practice to include a short paragraph that reserves your right to make that argument later. A suggested paragraph is provided below — copy it into your response.
Suggested Paragraph to Include in Your Response
Below is a suggested paragraph that helps preserve your right to raise constitutional (Charter) arguments later at the Federal Court. Copy and paste the version that matches the language you are using for your response (English or French — IRCC and CBSA work in both official languages of Canada). Paste it as its own paragraph in your written response.
It is my position that s.101(1)(b.1) / s.101(1)(b.2) [select whichever one applies] of the Immigration and Refugee Protection Act is inconsistent with s.7 and s.15 of the Canadian Charter of Rights and Freedoms, and is not saved under s.1, and is therefore of no force and effect, pursuant to s.52 of the Constitution Act, 1982. It is likewise my position that s.101(1)(b.1) / s.101(1)(b.2) [select whichever one applies] of the Immigration and Refugee Protection Act is incompatible with s.2(e) of the Canadian Bill of Rights, S.C. 1960, c. 44, and is therefore inoperable to the extent of the incompatibility. It is my understanding that IRCC/CBSA lacks the jurisdiction to decide these issues and to issue declarations of invalidity or inoperability in the context of a refugee eligibility determination: R. v. Conway, 2010 SCC 22; Covarrubias v. Canada (Minister of Citizenship and Immigration), 2006 FCA 365. If I am in error in this regard, please inform me prior to rendering a determination of my eligibility, and I will update my submissions. Otherwise, I reserve the right to advance these arguments further in the Federal Court in an application for judicial review of any adverse eligibility decision you may issue.
Je soutiens que l'art. 101(1)(b.1) / l'art. 101(1)(b.2) [choisir celui qui s'applique] de la Loi sur l'immigration et la protection des réfugiés est incompatible avec les articles 7 et 15 de la Charte canadienne des droits et libertés, n'est pas sauvegardé par l'article 1, et est donc inopérant conformément à l'article 52 de la Loi constitutionnelle de 1982. Je soutiens également que l'art. 101(1)(b.1) / l'art. 101(1)(b.2) [choisir celui qui s'applique] de la Loi sur l'immigration et la protection des réfugiés est incompatible avec l'alinéa 2e) de la Déclaration canadienne des droits, S.C. 1960, ch. 44, et est par conséquent inopérant dans la mesure de cette incompatibilité. Il est de ma compréhension qu'IRCC/ASFC n'a pas la compétence pour trancher ces questions ni pour rendre des déclarations d'invalidité ou d'inopérabilité dans le cadre d'une décision d'admissibilité d'une demande d'asile : R. c. Conway, 2010 CSC 22 ; Covarrubias c. Canada (Ministre de la Citoyenneté et de l'Immigration), 2006 CAF 365. Si je me trompe à cet égard, veuillez m'en informer avant de rendre une décision sur mon admissibilité et je mettrai à jour mes observations. À défaut, je me réserve le droit de soulever ces arguments ultérieurement devant la Cour fédérale dans le cadre d'une demande de contrôle judiciaire de toute décision défavorable d'admissibilité que vous pourriez rendre.
Final Checklist Before You Send
- I have read the PFL carefully and understand which section (101(1)(b.1) or 101(1)(b.2)) applies to me.
- I have noted the deadline and will send my response well before it passes.
- My written response addresses the facts in my case (entry date, location, timing).
- I have attached a signed, sworn affidavit, and supporting documents as numbered exhibits.
- I have requested disclosure of the source of any information that I believe is incorrect.
- I have requested an in-person interview if there are any credibility concerns.
- I have included the suggested paragraph above to preserve my Charter rights.
- I have kept a complete copy of everything I sent, plus proof of when and how I sent it.
- I have followed the PFL's instructions exactly on how and where to send my response.
After You Send Your Response
If IRCC or CBSA still issues a final decision saying you are ineligible under one of the new provisions, you can file an Application for Leave and for Judicial Review (ALJR) in the Federal Court of Canada to challenge that decision. You generally have 15 days from the date you receive the decision to file. This is a complex legal step — at this point, you should seek legal help immediately. Legal Aid is available in Ontario and several other provinces for refugee claimants who qualify financially.
You may also be eligible to apply for a Pre-Removal Risk Assessment (PRRA), a Humanitarian and Compassionate (H&C) application, or a stay of removal if you are facing imminent deportation. See Your Legal Options for more on each of these.