Update on Bill C-12

Published: April 13, 2026

As you may be aware, on March 26, 2026, Bill C-12 received royal assent. The bill introduces significant changes to the Immigration and Refugee Protection Act (IRPA) that directly affect the refugee claim process. Most notably, the bill creates two new eligibility bars that prevent claims from being referred to the Refugee Protection Division (RPD). A claim is now ineligible to be referred to the RPD if it is submitted:

• More than one year after the claimant’s first entry into Canada after June 24, 2020, regardless of whether the person has since left and returned.
• More than 14 days after the claimant’s entry into Canada between ports of entry along the Canada-United States land border.

Claimants who fall into these two categories will be instead diverted to the Pre-Removal Risk Assessment (PRRA) process.

The two new eligibility bars are also retroactive to June 3, 2025, and apply to any claims made on or after that date, including claims already referred to the RPD.

For roster lawyers who are not yet aware of the changes caused by Bill C-12, Immigration, Refugees and Citizenship Canada’s (IRCC) explanation for the changes can be found here:

IRCC: New immigration and asylum measures from Bill C-12

LAO Coverage Policy

New Refugee Claims by Ineligible Claimants

Refugee Claim Certificates: As of April 9, 2026, IRCC continues to require inland claimants to apply through the IRCC portal and attach a completed Basis of Claim (BOC) form, even if the claimant will be found ineligible.  As long as this remains the case, LAO will continue to issue standard BOC Preparation certificates to clients barred from the RPD (whether under the two new bars from C-12 or previous bars in s.101(1) of the IRPA) but need to file a refugee claim and a BOC to access the PRRA process.

These certificates will be used to help a client file a claim and complete a BOC and narrative. It is expected that this BOC preparation work will be useful for the preparation of the client’s PRRA application when that step is reached.

PRRA Certificates: Once the Canada Border Services Agency formally invites the client to apply for a PRRA, the client will be eligible to apply to LAO for a PRRA certificate. LAO is working to ensure that PRRA certificates are issued quickly to accommodate the tight timelines to submit PRRA applications.

The tariff maximum for PRRA applications is 10 hours. An additional 6-hour block (plus hearing time) is available if a PRRA hearing is scheduled, and an additional 6-hour block is available for restricted PRRAs that require submissions on risk balancing.

Clients Impacted by Retroactive Provisions of Bill C-12

The new eligibility bars apply retroactively to refugee claims made on or after June 3, 2025.

IRCC has already taken initial steps to terminate these claims by sending Procedural Fairness Letters (PFLs) to counsel and claimants.

Roster lawyers who would like to reply to a Procedural Fairness Letter and have exhausted the hours on a client’s certificate can obtain an additional 2 hours for written submissions.

To obtain these additional hours:

• If you have not already done so, upload the client’s completed Basis of Claim form in Legal Aid Online using the Certificate Amendment page. Use document code 115 “Signed/Dated BOC and Narrative”.
• Upload a copy of the Procedural Fairness Letter in Legal Aid Online using the Certificate Amendment page. Use document code 102 “RPD Authorization Materials”. In the “description” field, type “requesting 2 hours for written submissions”.

These hours are only available on Basis of Claim (BOC) preparation certificates that have not been amended to include hearing coverage. If a client’s certificate already includes hearing preparation coverage, the hearing preparation hours may be used to reply to the PFL.

Once a PFL has been received in a claim, the certificate is only eligible for the 2-hour written submission coverage. Hearing coverage may no longer be requested.

Next Steps

IRCC has recently signaled that, in the coming months, it may be eliminating the requirement to submit a completed BOC form for claimants who are ineligible for referral to the RPD. LAO is considering the impact this has on the current coverage policy and the tariff for PRRA applications.

LAO continues to monitor the impacts of Bill C-12 and other new developments related to the refugee claim process and their consequences for clients and roster lawyers. The goal is to ensure that clients have coverage for the legal steps necessary to put forward cases in these critical proceedings.

We will continue to communicate with the roster as necessary. We also invite your input which can be sent to immigrationandrefugee@lao.on.ca.