The coming into force of Bill C-12 on March 26, 2026, has resulted in notable changes to the Immigration and Refugee Protection Act (IRPA). Among the changes are two new eligibility bars that prevent claims from being referred to the Refugee Protection Division (RPD).
A claim is now ineligible for referral to the RPD if it is submitted:
- More than one year after the claimant entered Canada. The restriction is being applied retroactively to individuals who entered Canada after June 24, 2020, and made claims after June 3, 2025. If a claimant has entered Canada multiple times the first entry after June 24, 2020, will be used to determine eligibility.
- More than 14 days after arriving in Canada if the claimant entered the country without appearing for examination at a port of entry (i.e. crossing the US-Canada border).
For clients who have already made refugee claims
Procedural fairness letters
Many individuals who fall into the first category listed above have already been receiving procedural fairness letters (PFLs) giving them the opportunity to respond to the allegation that their claims are now ineligible for referral to the RPD. LABC is not automatically funding responses to PFLs.
If you would like to respond to a PFL on behalf of a client, please contact us. We will be making funding decisions on a case-by-case basis, assessing whether there is a reasonable prospect that responding to a PFL will yield a tangible benefit to the client.
Pre-Removal Risk Assessment (PRRA) (for removal-ready clients)
We assume that:
- If a claim is found to be ineligible, the claimant will most likely be given an exclusion order.
- After receiving an exclusion order most people will be given the opportunity to apply for a Pre-Removal Risk Assessment (PRRA).
In these circumstances, LABC will proceed as follows:
- LABC intends to issue PRRA contracts to counsel to assist people who are found to be ineligible under the new provisions and who are removal ready.
- If a client already has an Immigration Standard contract for their refugee claim, LABC will automatically approve PRRA coverage. Obtaining a contract for PRRA should be as simple as notifying LABC that a client’s claim has been determined to be ineligible (some clients may be required to undergo a financial reassessment).
- When a client is approved for a PRRA contract, the Immigration Standard contract for the refugee claim would then be cancelled.
- LABC will perform merit assessments on PRRA applications made by people who did not previously have an Immigration Standard contract and filed their refugee claims without the assistance of a legal aid lawyer.
Humanitarian and Compassionate (H&C) applications (for clients who are not removal-ready)
- Some people who are not removal ready will likely not be offered PRRA.
- Most of the affected people will be citizens of countries that have an administrative deferral of removal (ADR) or temporary suspension of removals (TSR).
- We invite clients in this situation to apply for legal aid funding for counsel to assist with applications for permanent resident status on humanitarian and compassionate grounds (H&C).
- H&C applications will be assessed on a case-by-case basis. Please note that, due to limited funding, LABC will only approve H&Cs which have merit and where the applicants can demonstrate they are at risk in their home country.
For clients who have yet to make refugee claims
We will continue to issue Immigration Standard contracts for clients from non-ADR and TSR countries who qualify under our existing coverage and financial eligibility policies, even if we know their claims are likely to be determined to be ineligible to be referred to the RPD. Currently, this appears to be the only way to get a decision on eligibility. Clients can then seek legal aid coverage for a PRRA. We are hopeful that Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA) will remove the requirement to submit a complete refugee claim before eligibility can be determined.
Clients from ADR and TSR countries can apply for H&C funding without first obtaining an Immigration Standard contract. As with clients who have already filed refugee claims, H&C applications will be assessed on a case-by-case basis for clients who are not eligible for PRRA.
Judicial review applications challenging ineligibility findings
LABC budgetary limitations make it impractical to fund full applications for leave and judicial reviews (ALJR) in every case to challenge the constitutionality of IRCC decisions that claims are not eligible to be referred to the RPD. Instead, LABC is prepared to fund limited two-hour contracts to allow counsel to file placeholder ALJRs, with the intention that these ALJRs can be case managed and held in abeyance until any representative cases are concluded. This would ensure people who file placeholder ALJRs benefit from changes in the law that may arise if representative applicants succeed in their challenges. Please contact us if you would like us to issue a placeholder ALJR contract.
Going forward
LABC continues to monitor the impact of changes implemented under Bill C-12. As we assess the impact on our clients, we may revise our coverage policies to better meet their needs and respond to any demand or budgetary pressures that may arise in the coming months.
If you have questions, email our Immigration Law Services team at Helpdesk.Immigration@legalaid.bc.ca.
