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Canadian Refugee Law · Plain Language Guide

Who Is Affected by Bill C-12?

A guide to who may be impacted by Canada's new asylum eligibility rules

Updated April 2026
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Who Is Affected?

Use the accordion below to see whether you may be affected by Bill C-12's new rules. This is a general guide — your individual circumstances matter greatly.

This group is among the most directly targeted. Between 2023 and 2024, asylum claims by international students nearly doubled, and over 17% of all asylum claims in 2024 came from international students — many of whom filed after their study permits expired. If you entered Canada after June 24, 2020 and waited more than a year to file, you are likely caught by the one-year bar.

Anyone who entered Canada between official ports of entry (e.g., crossing at an unofficial road or path along the Canada–US border) and then waited more than 14 days to file an asylum claim is affected by the 14-day rule. This includes many who previously crossed at Roxham Road in Quebec or similar informal crossing points.

One of the strongest criticisms of Bill C-12 is that it does not account for people who had no fear of persecution when they first arrived, but whose situation changed later — for example, due to a change of government, a new conflict, or personally targeted threats that developed over time. The one-year bar applies regardless of this context. However, these circumstances may be relevant in a PRRA application or judicial review.

Legal advocates have raised particular concern about vulnerable claimants — including LGBTQIA+ individuals and survivors of gender-based violence — who may have delayed filing due to fear, trauma, or lack of access to legal information. These personal circumstances do not exempt someone from the one-year bar, but they may strengthen a humanitarian and compassionate application or provide grounds for a PRRA or judicial review argument.

Canada has suspended removals to certain countries due to dangerous conditions — including Ukraine, Haiti, Venezuela, and Yemen. People from these countries who are redirected to the PRRA process face a particularly difficult situation: PRRA is typically only initiated when the government is preparing to remove someone, but removals are suspended. This creates a procedural limbo where access to protection is effectively inaccessible. Legal counsel is strongly recommended.

The government has stated that the new rules are not intended to apply to unaccompanied minors, and that officers will be given guidance to consider their individual circumstances. This does not constitute a formal legal exemption in the legislation, but it does mean that an unaccompanied minor who receives a Procedural Fairness Letter should immediately seek legal help — the outcome may be different from that of an adult claimant.

Legal Disclaimer: This information is general in nature. Whether you are affected depends on your specific entry date, filing date, and individual circumstances. Consult a qualified legal professional for advice on your case.