Law360 Canada (November 10, 2026, 12:51 PM EST) --
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| Alisa Osipovich |
Since Nov. 3, 2026, every asylum claim in Canada, whether made inland or at a port of entry, goes through a single online application process. Once an officer finds the claim eligible, the claimant has 60 days to give the Minister of Immigration, Refugees and Citizenship the documents and information IRCC asks for.
The change comes from two instruments registered on Oct. 23 and published in the
Canada Gazette, Part II on Nov. 4: amendments to the
Immigration and Refugee Protection Regulations (SOR/2026-218) and the
Refugee Protection Division Rules (SOR/2026-219). They put into practice the asylum provisions of the
Strengthening Canada’s Immigration System and Borders Act, which became law on March 26.
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The reason is the backlog. According to the Regulatory Impact Analysis Statement (RIAS), the Immigration and Refugee Board’s (IRB) inventory rose from around 70,000 claims at the end of 2022 to nearly 300,000 at the end of 2025. New claims are already falling: IRCC says claims from January to August 2026 were 52 per cent lower than in the same period of 2025.
For practitioners, the most important shift is simple. Much of the work that used to happen after a claim reached the IRB now happens before it gets there, under deadlines the claimant can miss.
What changed at the front end?
- One file, sent to the minister first. The Basis of Claim Form is gone. The claimant now gives the basis of claim information to the minister as part of the application, before the claim is referred to the Refugee Protection Division (RPD). Paper forms remain available.
- A 60-day clock. The documents and information are due within 60 days after an officer finds the claim eligible for referral. If the claimant asks, in the way the minister specifies, before the period ends, the minister must grant one 30-day extension. The minister may also extend or pause the period for fairness.
- Due diligence before the hearing. The minister must finish considering the claim within 365 days of receiving the complete file, or as soon as feasible if operational limits prevent it. The claim then goes to the IRB, and the RPD, not an officer, sets the hearing date.
Claims already referred and waiting at the IRB are not subject to the new requirements, the RIAS says; they continue to be processed as before. The new rules apply to claims made from November 3 onward.
See here for “the clocks at a glance.”
Abandonment now starts earlier
Under the old system, abandonment was mostly a risk at the IRB stage. Now it can arise before referral. If the claimant does not provide what the minister requires, the claim is sent to the IRB for an abandonment proceeding. The RIAS notes that the IRB may give the claimant another extension to comply.
The amended RPD Rules require the division to give the claimant a chance to make representations before deciding that a claim is abandoned, in writing or at a special hearing, within time limits the division sets. A claimant relying on medical reasons needs a medical certificate. If the claim is found not abandoned, the claimant must still provide the documents by the date the RPD sets and attend an examination on the date an officer sets.
There is also a new path back. A claimant who withdrew a claim may apply to the minister to reinstate it, explaining why. The minister considers whether the application was made on time and, if it was not, the reasons for the delay.
That matters at the hearing too. After referral, any change or addition to the basis of claim information must be in writing, with a description of how it differs from what was first provided and a declaration that it is complete, true and correct. It must arrive no later than five days after the claimant receives the notice to appear. And a hearing date will be changed only in exceptional circumstances, where the party has acted diligently.
Eligibility: The one-year rule and its exceptions
The Act made two kinds of claims ineligible for referral: claims made more than one year after first entering Canada (counting entries after June 24, 2020), and claims made more than 14 days after entering between ports of entry from the United States. The regulations add the exceptions.
- Starting counts. The one-year rule does not apply to a claimant who, within one year of entering Canada, submits documents or information with a view to making an inland claim. Where there were several entries, the year runs from the day after the first one.
- Unaccompanied minors. Neither rule applies to a claimant under 18 with no parent or legally responsible adult in Canada.
In practice, for a client who is close to one year in Canada, the date of the first online submission can decide whether there is a claim at all.
Designated representatives and vulnerable claimants
The minister must now designate a representative for an unaccompanied minor, or for an adult the minister considers unable to appreciate the nature of the proceeding, in certain proceedings, including removal enforcement and pre-removal risk assessments. The representative must be at least 18, able to appreciate the proceeding and free of any conflict of interest, and must act in the person’s best interests. Counsel should flag these clients early.
Work permits, and what employers should know
A claimant who cannot support themselves without working may get a work permit once the claim is found eligible and the required documents and information are in, or while a referred claim waits for a decision. The RIAS adds that the immigration medical examination must be completed, and that a permit is usually issued within less than a month once the requirements are met.
For employers, the practical point is that a claimant’s work permit depends on the claimant meeting these steps on time. An employer hiring a claimant should check the permit itself, its conditions and its expiry date, as with any other worker, and plan for renewals.
The first weeks: A checklist
- Diary the 60-day date on the day the claim is found eligible, and request the 30-day extension before the period ends if it will be needed.
- Treat the first narrative as final. Later changes are allowed, but each one must be explained and declared.
- Book the medical exam early. The client’s work permit waits for it.
- Check the client’s first entry date. Near the one-year mark, submit documents or information without delay.
- Flag vulnerable clients who may need a designated representative.
- Keep proof of every submission. If abandonment is raised, the record is the answer.
The new process should give claimants faster answers, which is good for everyone. But it also moves the risk forward. The cases that go wrong now will mostly go wrong in the first 60 days, long before anyone sits in a hearing room.
This article is general information, not legal advice. Rules change; check the official IRCC and IRB pages before acting.
Alisa Osipovich is a Regulated Canadian Immigration Consultant (RCIC-IRB) and the founder of Alisa Immigration in Markham, Ont. She advises skilled workers, families and employers on Express Entry, provincial nominee programs, work permits and sponsorship, and works in English, Ukrainian and Russian.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the author’s firm, its clients, LexisNexis Canada, Law360 Canada or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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