Canada’s refugee protection system underwent important changes in 2026 following the passage of Bill C-12, the Strengthening Canada’s Immigration System and Borders Act. Although the Canada-U.S. Safe Third Country Agreement itself remains in effect without a substantive change, new asylum eligibility rules may affect people who enter Canada from the United States.
How the Safe Third Country Agreement Works
The Safe Third Country Agreement generally requires refugee claimants to seek protection in the first of Canada or the United States that they enter. It applies to claimants arriving in Canada from the United States at official land border crossings, by train and in limited circumstances at airports.
Since March 25, 2023, the Agreement has also applied to people who cross between official ports of entry, including through internal waterways, and make a refugee claim within 14 days of entering Canada. Unless an exception or exemption applies, these claimants may be returned to the United States.
The United States remains the only country designated by Canada as a safe third country.
New Asylum Eligibility Rules in 2026
Bill C-12 received royal assent on March 26, 2026. It introduced two additional eligibility restrictions that apply to asylum claims made on or after June 3, 2025.
First, an asylum claim generally will not be referred to the Immigration and Refugee Board of Canada if it is made more than one year after the claimant’s first entry into Canada. This rule applies where the first entry occurred after June 24, 2020, even if the person later left and returned to Canada.
Second, a person who enters Canada between official ports of entry along the Canada-U.S. land border and waits more than 14 days to make an asylum claim will generally not have the claim referred to the Immigration and Refugee Board.
This second restriction operates alongside the Safe Third Country Agreement. A person who makes a claim within 14 days of entering irregularly from the United States may be returned under the Agreement. A person who waits more than 14 days may instead be found ineligible under the new statutory rule.
According to IRCC, unaccompanied minors are exempt from these new eligibility restrictions. People whose claims are affected may still be assessed for access to a pre-removal risk assessment before removal.
Exceptions to the Agreement Remain Available
The existing Safe Third Country Agreement exceptions remain in place. They include certain family-member exceptions, an exception for qualifying unaccompanied minors, document-holder exceptions and limited public-interest exceptions.
For example, a claimant may qualify through an eligible family member in Canada or by holding certain valid Canadian immigration documents. Meeting an exception does not guarantee refugee protection. The claimant must still satisfy the other eligibility requirements, and the Immigration and Refugee Board determines whether an eligible claimant is a Convention refugee or person in need of protection.
Conclusion
The principal 2026 development is not a suspension or expansion of the Safe Third Country Agreement. It is the introduction of additional asylum eligibility restrictions that operate alongside it. Timing, manner of entry, previous travel to Canada, family relationships and immigration documents may all affect whether a claim can proceed.
Contact Jain Immigration Law
Jain Immigration Law assists individuals with Canadian refugee and immigration matters. To discuss your circumstances, contact us:
Jain Immigration Law
Phone: +1 (416) 548-5533
Email: [email protected]
Website: www.jainimmigrationlaw.com