Strengthening Canada’s Immigration System and Borders Act (S.C. 2026, c. 4)
Full Document:
- HTMLFull Document: Strengthening Canada’s Immigration System and Borders Act (Accessibility Buttons available) |
- PDFFull Document: Strengthening Canada’s Immigration System and Borders Act [730 KB]
Assented to 2026-03-26
PART 62001, c. 27Immigration and Refugee Protection Act (In-Canada Asylum System) (continued)
Amendments to the Act (continued)
40 Subsection 97(2) of the English version of the Act is replaced by the following:
Marginal note:Person in need of protection
(2) A person in Canada who is a member of a class of persons that is prescribed as being in need of protection is also a person in need of protection.
41 Subsection 99(3.1) of the Act is repealed.
42 The heading before section 100 of the Act is replaced by the following:
Consideration of Claims Prior to Referral
43 (1) Subsection 100(1) of the Act is replaced by the following:
Marginal note:Consideration of claims
100 (1) An officer must, after receiving a claim referred to in subsection 99(3), determine whether it is eligible to be referred to the Refugee Protection Division. If it is determined to be eligible, the Minister must consider it further within the prescribed time limit.
(2) The portion of subsection 100(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Suspension of consideration
(2) The officer or the Minister must suspend consideration of the person’s claim if
(3) Paragraph 100(2)(b) of the Act is replaced by the following:
(b) the person is charged with an offence under an Act of Parliament that is punishable by a maximum term of imprisonment of at least 10 years and the officer or the Minister considers it necessary to wait for a court decision with respect to the charge.
(4) Subsection 100(3) of the Act is replaced by the following:
Marginal note:Ineligibility — determination by Minister
(3) The Minister may, after considering a claim, determine that it is ineligible to be referred to the Refugee Protection Division despite the determination made under subsection (1).
(5) Subsection 100(4) of the Act is replaced by the following:
Marginal note:Documents and information to be provided
(4) A person who makes a claim for refugee protection inside Canada — or who, before making a claim, submits any document or provides information with a view to making a claim inside Canada — must, within the time limits provided for in the regulations and in the manner specified by the Minister, provide the Minister with the documents and information specified by the Minister and the documents and information required by the rules of the Board.
(6) Subsection 100(4.1) of the Act is repealed.
(7) Subsection 100(5) of the Act is repealed.
44 The Act is amended by adding the following after section 100:
Marginal note:Referral of claims
100.1 (1) Subject to subsections 100(1) to (3) and section 102.2, the Minister must refer a claim for refugee protection to the Refugee Protection Division if
(a) the claim has been determined to be eligible for referral;
(b) the Minister has been provided with, and has had the opportunity to consider, the documents and information referred to in subsection 100(4); and
(c) in the case where the person who made the claim has been requested to appear for an examination, they have appeared for the examination.
Marginal note:Restriction
(2) The Refugee Protection Division is not authorized to consider a claim for the purposes of subsection 107(1) until the claim has been referred to it under subsection (1).
45 The Act is amended by adding the following after section 102:
Abandonment and Withdrawal of Claims
Marginal note:Abandoned claims
102.1 (1) If a person who makes a claim for refugee protection inside Canada that has not been referred to the Refugee Protection Division and that has not been determined to be ineligible for referral fails to provide documents or information in accordance with subsection 100(4) or fails to appear for an examination when requested to do so, the Minister must transmit the claim to the Division to determine whether, as a result of the failure, the claim has been abandoned.
Marginal note:Determination
(2) Subject to subsection (6), the Refugee Protection Division must — after, among other things, providing the person with the opportunity to make representations — determine, in accordance with subsection 168(1), whether the claim has been abandoned.
Marginal note:Limit
(3) Despite section 165, the Refugee Protection Division cannot compel the Minister, an officer or any other person who is authorized to act on the Minister’s behalf to appear for a hearing.
Marginal note:Requirements
(4) If the Refugee Protection Division determines that the claim has not been abandoned, the person who made the claim must provide the necessary documents or information or appear for the examination, as the case may be, in accordance with the requirements imposed by or under the regulations.
Marginal note:Failure to comply
(5) If the person who made the claim is required to comply with subsection (4) and fails to do so, the Refugee Protection Division must make a new determination under subsection (2).
Marginal note:Termination
(6) A proceeding under this section is terminated if
(a) the person who made the claim provides the Minister with the necessary documents and information or appears for the examination, as the case may be;
(b) the claim is determined under subsection 100(1) or (3) to be ineligible to be referred to the Refugee Protection Division; or
(c) a prescribed circumstance exists.
Marginal note:Withdrawal of claims
102.2 (1) The Minister may, at any time after a claim for refugee protection is determined to be eligible for referral and before the claim is referred to the Refugee Protection Division, determine that the claim has been withdrawn if the claimant provides the Minister with written notice of withdrawal.
Marginal note:Reinstatement of claim
(2) Subject to the regulations, the Minister may, on application, reinstate a claim that the Minister has determined to be withdrawn.
46 Paragraph 104(1)(c) of the English version of the Act is replaced by the following:
(c) the claim was referred as a result of the direct or indirect misrepresentation or withholding of material facts relating to a relevant matter and was not otherwise eligible to be referred to the Refugee Protection Division; or
47 The Act is amended by adding the following after section 104:
Marginal note:Presence in Canada
104.1 (1) For the purposes of subsection 107(1), if a person making a claim for refugee protection is not physically present in Canada, the Refugee Protection Division
(a) in the case where the person has voluntarily returned to the country in respect of which they claimed refugee protection and the Refugee Protection Division has not yet made a decision in respect of the claim, must determine that the claim has been abandoned; and
(b) in any other case, must not commence, or must suspend, consideration of the claim.
Marginal note:Refugee Appeal Division
(2) If a person who is the subject of an appeal is not physically present in Canada, the Refugee Appeal Division
(a) in the case where the person has made the appeal and has voluntarily returned to the country in respect of which they claimed refugee protection and the Refugee Appeal Division has not yet made a decision in respect of the appeal, must determine that the appeal has been abandoned; and
(b) in any other case, must not commence, or must suspend, consideration of the appeal, other than an appeal by the Minister.
48 Section 109.1 of the Act and the heading before it are repealed.
49 (1) Paragraph 110(2)(d.1) of the Act is repealed.
(2) Subsections 110(3) and (3.1) of the Act are replaced by the following:
Marginal note:Procedure
(3) Subject to subsections (4) and (6), the Refugee Appeal Division must proceed without a hearing, on the basis of the record of the proceedings of the Refugee Protection Division, and may accept documentary evidence and written submissions from the Minister and the person who is the subject of the appeal and, in the case of a matter that is conducted before a panel of three members, written submissions from a representative or agent or mandatary of the United Nations High Commissioner for Refugees and any other person described in the rules of the Board.
50 Section 111 of the Act is amended by adding the following after subsection (2):
Marginal note:Confirmation of rejection
(3) If the Refugee Appeal Division confirms a decision of the Refugee Protection Division to reject a claim for refugee protection, the decision of the Refugee Appeal Division is itself a decision to reject the claim.
51 (1) Paragraph 111.1(1)(a) of the Act is replaced by the following:
(a) time limits for providing documents and information under subsection 100(4) and the extension of those time limits, including extensions by the Minister;
(2) Subsection 111.1(1) of the Act is amended by adding the following after paragraph (a):
(a.1) time limits for the Minister to consider claims under subsection 100(1);
(3) Paragraph 111.1(1)(b) of the Act is repealed.
(4) Subsection 111.1(1) of the Act is amended by adding “and” at the end of paragraph (c), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).
(5) Subsection 111.1(2) of the Act is repealed.
52 (1) The portion of paragraph 112(2)(b.1) of the Act before subparagraph (i) is replaced by the following:
(b.1) subject to subsection (2.1), less than 12 months have passed since
(2) Subsection 112(2) of the Act is amended by striking out “or” at the end of paragraph (b.1) and by adding the following after that paragraph:
(b.2) subject to subsection (2.1), less than 12 months have passed since
(i) the day on which their claim for refugee protection was determined by the Minister to be withdrawn, in the case where no application was made to the Federal Court for leave to commence an application for judicial review, or
(ii) in any other case where their claim for refugee protection was determined by the Minister to be withdrawn, the later of
(A) the day on which the Minister made the determination or, if there was more than one such determination, the day on which the last determination occurred, and
(B) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to the Minister’s determination; or
(3) The portion of paragraph 112(2)(c) of the Act before subparagraph (i) is replaced by the following:
(c) subject to subsection (2.1), less than 12 months have passed since
(4) The portion of subsection 112(2.1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Exemption
(2.1) The Minister may exempt from the application of paragraph (2)(b.1), (b.2) or (c)
53 Subsection 144(1) of the English version of the Act is replaced by the following:
Marginal note:Prosecution of designated offences
144 (1) In addition to other procedures set out in this Act or in the Criminal Code for commencing a proceeding, proceedings in respect of any prescribed offence may be commenced in accordance with this section.
54 Paragraph 159(1)(g) of the Act is replaced by the following:
(g) takes any action that may be necessary to ensure that the members of the Board carry out their duties efficiently and without undue delay, including by specifying the manner in which decisions must be rendered and reasons for decisions must be given;
55 (1) Paragraph 161(1)(a.1) of the Act is repealed.
(1.1) Subsection 161(1) of the Act is amended by adding the following after paragraph (a.1):
(a.11) the manner in which a claim that is determined to be ineligible under subsection 101(1) is to be dealt with;
(2) Subsection 161(1.1) of the Act is repealed.
56 Section 168 of the Act is amended by adding the following after subsection (1):
Marginal note:Clarification
(1.1) For greater certainty, if the Refugee Protection Division or the Refugee Appeal Division is prevented under section 104.1 from considering a claim or appeal, it may determine under subsection (1) that the claim or appeal has been abandoned.
57 Paragraph 169(e) of the English version of the Act is replaced by the following:
(e) written reasons for the decision must be provided to the person who is the subject of the decision and to the Minister in circumstances provided for in the rules of the Board or if the person or the Minister requests them within 10 days after notice of the decision is provided; and
58 (1) Paragraph 170(d) of the Act is repealed.
(2) Paragraph 170(f) of the Act is replaced by the following:
(f) may, despite paragraph (b), accept a claim for refugee protection without a hearing if the Minister has not notified the Division of the Minister’s intention to intervene;
Transitional Provisions
Marginal note:Definition of Act
59 (1) In this section and sections 60 to 62, Act means the Immigration and Refugee Protection Act.
Marginal note:Words and expressions
(2) Unless the context requires otherwise, words and expressions used in sections 60 to 62 have the same meaning as in the Act.
Marginal note:Section 6.1 of the Act
60 Section 6.1 of the Act applies to any proceedings or applications that are prescribed for the purposes of subsection 6.1(1) of the Act and that are pending or in progress on the day on which the regulations that prescribe those proceedings or applications come into force.
Marginal note:Section 44.1 of the Act
61 Section 44.1 of the Act applies to hearings before the Immigration Division that have not yet been completed on the day on which section 38 comes into force.
Marginal note:Pending claims for refugee protection
62 Each provision that is set out below applies in respect of claims for refugee protection whose eligibility to be referred to the Refugee Protection Division has not yet been determined on the day on which the provision comes into force or that have been determined to be eligible for referral but have not yet been referred to that Division on that day:
(a) subsection 100(1) of the Act, as enacted by subsection 43(1);
(b) the portion of subsection 100(2) of the Act before paragraph (a), as enacted by subsection 43(2);
(c) paragraph 100(2)(b) of the Act, as enacted by subsection 43(3);
(d) subsection 100(3) of the Act, as enacted by subsection 43(4);
(e) subsection 100(4) of the Act, as enacted by subsection 43(5);
(f) section 100.1 of the Act; and
(g) sections 102.1 and 102.2 of the Act.
Page Details
- Date modified: