Asylum reforms in force November 3, 2026: what changed

The regulations took effect on November 3

On November 3, 2026, IRCC announced that new regulations under the Strengthening Canada's Immigration System and Borders Act (Bill C-12, law since March 26, 2026) had come into force the same day. They were published for comment in the Canada Gazette, Part I, in June 2026; IRCC says the final text appears in Part II on November 4. The same day IRCC published new and updated program delivery instructions for the in-Canada asylum system and updated its humanitarian and compassionate (H&C) intake instructions for the changes to section 25 of the Act. Our earlier article covered the November 2 portal cutoff for unfinished claims.

For context, IRCC says that from January to August 2026, 52% fewer people claimed asylum in Canada than in the same months of 2025, and 68% fewer than in 2024.

How a claim inside Canada is now made

The portal step and the in-person step now have different legal meanings:

Portal submissionThe person answers questions in the IRCC Portal and uploads documents. In law this is "submitting documents or information with a view to making a claim" under the amended subsection 100(4) of the Act. No claim has been made yet.
In-person appointmentOnce the submission is complete, IRCC schedules an eligibility appointment at a local office. The claim is made there, before an officer, who collects biometrics, seizes documents and interviews the claimant on admissibility and on eligibility for referral to the Immigration and Refugee Board (IRB).
Completing the claimFor claims eligible for referral, claimants have 60 days to submit the completed application and required documents, with a one-time 30-day extension on request.

The public policy that allowed a claim to be made without appearing in person was rescinded on November 3. Claims cannot be made by mail; people who cannot use the portal for accommodation reasons can ask IRCC by email for a paper package. IRCC no longer issues the Acknowledgement of Claim document; after the appointment the claimant receives a Refugee Protection Identity Document. There is still no fee for a claim.

Started in the portal before November 3? IRCC says claims already submitted are processed as usual. If you started but did not submit, you will need to answer new questions and review old ones; your personal information has been saved.

The one-year and 14-day rules, and their exceptions

The Act added two ineligibility grounds, which IRCC applies to claims made on or after June 3, 2025: a claim made more than one year after the person's first entry to Canada (for entries after June 24, 2020), or made 14 or more days after entering from the United States between land ports of entry, is not eligible for referral to the IRB.

The regulations now set out two exceptions. Under section 159.002, the rules do not apply to claimants under 18 with no parent or legally responsible adult in Canada. Under section 159.001, the one-year rule does not catch a claim if the portal submission was made before the one-year anniversary of entry; IRCC's instructions count it as long as it is locked in by 23:59 Pacific Time on the anniversary day. For the Canada–US Safe Third Country Agreement, the 14-day period in the Additional Protocol now starts at the online submission, and the family-member exception requires the relative's claim to have been found eligible for referral rather than already referred. IRCC says that changes nothing in practice.

A review stage before referral, and new withdrawal rules

Claims found eligible are now "subject to further consideration" before referral. The regulations set a time limit for the security, criminality, admissibility and program-integrity reviews at this stage; incomplete or unresponsive claims can be referred for abandonment; and designated representatives are appointed earlier for minors and people who cannot understand the proceedings. Withdrawal now depends on the stage of the claim:

Stage	Type of withdrawal	Effect on a future claim
Before the eligibility decision	Administrative withdrawal, on IRCC's form (also possible at a port of entry)	Not a withdrawal under paragraph 101(1)(c); a later claim is not ineligible because of it
Found eligible, not yet referred	Ministerial withdrawal under the new subsection 102.2(1), requested through the IRCC web form	Counts as a withdrawal; a later claim would be ineligible under paragraph 101(1)(c)
Already referred to the IRB	Withdrawal at the Refugee Protection Division	Counts as a withdrawal; a later claim would be ineligible

A Ministerial withdrawal requires a signed form confirming the claimant understands the consequences, including that they may have to leave Canada, and takes effect only when IRCC accepts it. A claim withdrawn this way can be reinstated on request through the web form; a second request after a refusal needs exceptional circumstances and new evidence.

H&C applications: the 12-month bar now runs from a Federal Court decision too

IRCC's updated H&C intake instructions describe the 12-month bar for failed refugee claimants as running from the latest of three dates: the Refugee Protection Division decision, the Refugee Appeal Division decision, or the Federal Court's refusal of leave or dismissal of a judicial review of the claim. The instructions give the example of a negative Federal Court decision on February 20, 2018, which keeps the bar in place until February 19, 2019. The bar also applies after a claim is withdrawn once substantive evidence has been heard, or abandoned. The exceptions remain: a risk to life because adequate medical care is unavailable in the home country, and the best interests of a child under 18 directly affected by removal.

What claimants and families should do

Keep the confirmation of your portal submission and its date: for the one-year rule that date counts. Attend the eligibility appointment; the claim does not exist until you do. After an eligible claim, watch the 60-day deadline and ask IRCC in writing if you need the one extension. Do not sign a withdrawal form without understanding that a Ministerial withdrawal makes any future claim ineligible. Failed claimants considering an H&C application should count the 12 months from their latest negative decision, including a Federal Court decision. As of this morning, the IRB has not posted a new practice notice about the changes.

General information only. This article is not legal advice. Immigration rules and program instructions can change, and the result depends on the facts of each case.

Canada's asylum reforms are in force: what changed for claimants on November 3.