Bill C12 and Refugee Claims: Understanding the Transitional Provision

The recent passage of Bill C‑12 introduces major changes to Canada’s refugee claim process. A central focus is the new ineligibility criteria for refugee claims filed after certain deadlines. Importantly, the legislation also includes transitional provisions that clarify which claims are affected and which remain protected under the previous rules.

The changes center on paragraphs 101(1)(b.1), 101(1)(b.2), and subsection 101(1.1) of the Immigration and Refugee Protection Act (IRPA), which set out when a refugee claim may be considered ineligible due to late filing or irregular entry from the United States. Clause 74 further amends subsection 111.1(1) of IRPA by adding exceptions to these paragraphs, ensuring certain claims remain protected under the transitional provisions.

Transitional Provision (Clause 75, Bill C‑12)

Paragraphs 101(1)(b.1) and (b.2) and subsection 101(1.1) of the Immigration and Refugee Protection Act

(a) do not apply to a claim for refugee protection made before the day on which Bill C‑2, introduced in the 1st session of the 45th Parliament and entitled An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures, was introduced; and

(b) apply to a claim for refugee protection made during the period beginning on the day on which that Bill was introduced and ending on the day before the day on which this Act receives royal assent.— Clause 75, Bill C‑12, Parliament of Canada (parl.ca)

This transitional rule ensures that claims filed before the introduction of Bill C‑2 remain under the old system, while claims filed after that date may be subject to the new ineligibility rules once Bill C‑12 receives Royal Assent.

Bill C-2 was first introduced on June 3, 2025.

What This Means for Refugee Claims Already Filed

Claims filed before June 3, 2025:

• Protected under the old rules.

• Even if filed more than one year after entering Canada, applicants retain the right to a full hearing before the Refugee Protection Division.

Claims filed on or after June 3, 2025:

• Subject to the new ineligibility criteria once the bill becomes law.

• Claims filed more than one year after entering Canada, or after irregular entry from the United States, may be deemed ineligible, limiting access to a full hearing and possibly redirecting the applicant to a Pre‑Removal Risk Assessment (PRRA) instead.

Why the Transitional Provision Matters

The transitional provision, along with the exceptions added in subsection 111.1(1), provides clarity and certainty. It protects applicants who filed claims before Bill C‑2 while establishing a clear start date for when the new rules take effect. Understanding the timing of your claim relative to June 3, 2025 is critical.

Steps Refugee Claimants Should Take

1. Verify your claim date to see if it falls before or after June 3, 2025.

2. Check your entry date into Canada to determine if the one-year filing rule could apply.

3. Consult an immigration professional to review your claim’s eligibility under the new rules.

4. Monitor Bill C‑12’s Royal Assent, as the new criteria apply immediately once the Act is in force.

At Apuntar Legal Services, we help clients navigate complex changes in refugee law. Understanding these transitional provisions, including the new exceptions in subsection 111.1(1), can make the difference between a claim being accepted or denied. Contact us to ensure your refugee claim is properly managed and protected under the correct legal framework.