Canada Introduces New Asylum Rules

According to IRCC, the new asylum rules introduce a single online application process, establish clearer deadlines, and clarify access to work permits.

The regulations also introduce exceptions to certain asylum eligibility restrictions and provide additional support for vulnerable claimants.

Key Takeaways

• Canada’s new asylum regulations took effect on November 3, 2026.

• Canada has introduced a single online application process for asylum claims made inside Canada and at ports of entry.
• Asylum claimants now have 60 days to submit a complete application, with a one-time 30-day extension available on request.
• Eligible asylum claimants can receive work permits after submitting a completed claim.

Why Is Canada Changing Its Asylum System?

The government says these reforms will help address processing delays and pressure on Canada’s asylum system.

Although asylum claims have declined significantly in 2026, the system continues to face challenges from the large number of applications received in previous years.

According to IRCC, asylum claims between January and August 2026 were:

• 52 percent lower than during the same period in 2025.
• 68 percent lower than during the same period in 2024.

The new regulations build on Bill C-12, which received royal assent on March 26, 2026. They also establish new procedures and timelines for processing asylum claims.

Here’s what has changed and what it means for asylum seekers.

New Online Application Process for Asylum Claims

Canada has introduced a more consistent application process for people seeking refugee protection, whether they make their claims inside Canada or at a port of entry.

Under the new rules, people claiming asylum from inside Canada must submit their applications through the IRCC Portal. They will then be invited to an in-person appointment with an immigration officer, where they formally make their claim.

Those claiming asylum at a port of entry must first make their claim to a Canada Border Services Agency (CBSA) officer. They may then be directed to complete their application through the IRCC Portal.

The new process will ensure that all claimants submit the same required information and documents before their claims are referred to the Immigration and Refugee Board (IRB).

For claims found eligible for referral to the IRB, applicants have:

• 60 calendar days to submit their completed application and required documents.
• An additional 30 days if they request a one-time extension.

The regulations also allow deadlines to be extended or suspended in certain circumstances, such as technical problems or procedural fairness concerns.

The new process aims to reduce duplication and make application requirements easier to understand.

New 365-Day Timeline for Government Reviews

Government officials will now have up to 365 days to complete certain reviews of asylum claims before referring them to the IRB.

Previously, eligible claims could be referred to the IRB while some government reviews were still underway. There was no fixed timeline for completing these activities.

Under the new process, IRCC and the Canada Border Services Agency (CBSA) will review claim documents and assess potential concerns before referring claims to the IRB.

These reviews can include security, criminality, admissibility and program integrity concerns, as well as determining whether the government should intervene in a refugee hearing.

The government says the changes will help ensure claims are ready for hearings when they reach the IRB, reducing postponements and processing delays. There are exceptions to the 365-day time limit in case of operational limitations.

New Exceptions to Asylum Ineligibility Rules

The regulations introduced two exceptions to asylum eligibility restrictions established under Bill C-12.

Under the rules, refugee claims made more than one year after a person’s first entry into Canada are not eligible to be referred to the IRB. This applies only if the person’s first entry into Canada was after June 24, 2020.

The new regulations carve out two exceptions to this rule:

• Unaccompanied minors: Children under 18 who are not accompanied by a parent or legal guardian can qualify for an exception to the new ineligibility rules.
• People who indicate their intention to claim asylum within one year: Individuals who register through the online portal and indicate their intention to seek asylum within their first year in Canada qualify for an exception, even if they file their claim later. They must still meet applicable deadlines for completing the asylum application.

No Changes to Safe Third Country Agreement Eligibility

The Safe Third Country Agreement (STCA) between Canada and the United States requires people seeking asylum to make their refugee claim in the first of the two countries they enter, subject to certain exceptions.

The new regulations do not change who is subject to the STCA or who qualifies for an exception. Instead, they introduce two procedural changes:

• 14-day rule: The STCA applies to people who enter Canada from the United States between official border crossings and claim asylum within 14 days. Under the new regulations, for online applications, this period is calculated from the date someone submits information online indicating their intention to claim asylum.
• Family-member exceptions: Claimants can qualify for exceptions if their family member in Canada has a pending refugee claim that is eligible for referral to the IRB. Previously, the family member’s claim had to be formally referred to the IRB.

According to IRCC, these changes are intended to maintain existing practices under the agreement while accounting for the new asylum application and referral process.

The government expects the new asylum rules to reduce processing delays and make Canada’s asylum system more efficient. However, their impact on waiting times will depend on how effectively the changes are implemented and how quickly existing claims can be processed.