New bill would rein in asylum claims

Many foreign nationals will become ineligible to apply for asylum in Canada, should a newly-tabled bill become law.

Under the proposed legislation, a foreign national would be ineligible to claim refugee protection if they entered Canada after June 24, 2020, and make the claim more than one year after their day of entry.

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The bill would also make ineligible foreign nationals who entered Canada along the Canada-US land border outside a port of entry. Under current legislation, foreign nationals are not ineligible for claiming refugee status on account of having crossed irregularly from the US, provided they make their claim at least 14 days after having entered Canada.

Refugee claims made prior to the introduction of the bill would be exempt from these two new grounds for ineligibility, which, if the bill becomes law, will apply retroactively to any claims made after the bill’s introduction.

The bill allows for the regulations to make exceptions to these two new grounds for ineligibility.

The bill would also provide the Governor in Council with sweeping powers that they can exercise if they believe it is in the public interest, including abilities to

Make an order for certain immigration applications not to be accepted for processing;
Make an order for the processing of certain applications to be suspended or terminated; and
Cancel, suspend, or vary immigration documents, or to impose or vary conditions on these documents.

The bill would also provide increased scope of powers in requesting individuals to appear for examination before immigration officials.

The bill, “Bill C-2, An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures,” entered its first reading on 3 June, 2025.

To become law, bills must go through three readings and be passed by the House of Commons and the Senate, and then receive royal assent.

Additional immigration provisions

The bill also contains provisions that would authorize

Immigration officers to terminate the processing of applications under prescribed circumstances;
Immigration officers to cancel, suspend, or vary immigration documents under prescribed circumstances;
Immigration officers to require persons to appear for examination under certain circumstances;
The immigration minister to designate a representative for persons under 18 years of age for immigration proceedings;
The Immigration minister to specify the information and documents required for refugee claims;
The Immigration minister to determine that that certain refugee claims which have not yet been referred have been withdrawn; and
The Refugee Protection Division to determine that certain claims which have not yet been referred have been abandoned, under certain circumstances.

The proposed legislation would also require the immigration department to suspend proceedings for a refugee claim if the claimant is outside Canada.

The bill also proposes amendments to allow for increased disclosure of individuals’ personal information to other government departments.

Consult with an experienced immigration representative