The Safe Third Country Agreement decides whether a person arriving from the United States can make a refugee claim in Canada at all. In 2026 it operates alongside a new statutory bar created by Bill C-12: a person who crosses between ports of entry and waits more than 14 days to claim is now ineligible for a hearing at the Immigration and Refugee Board. The two rules interact in a way that produces a counterintuitive result — waiting longer avoids the Agreement, but loses the hearing. This note explains where each rule bites and what is left for those who fall outside.
Key Takeaways
- Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, was introduced in October 2025 and passed into law in March 2026. It did not change the Safe Third Country Agreement itself.
- The Agreement applies to claims made at a land border port of entry, and to irregular crossings from the United States where the claim is made within 14 days of entry, unless an exception applies.
- Under IRPA s.101(1)(b.2), an irregular entrant from the United States who claims after 14 days is ineligible for referral to the Refugee Protection Division.
- Ineligible claimants are redirected to the Pre-Removal Risk Assessment, a paper process with no appeal to the Refugee Appeal Division.
- Separately, the one-year rule in s.101(1)(b.1) bars claims made more than a year after entry for those who entered after June 24, 2020.
What the Agreement does
Under the Safe Third Country Agreement, a person who arrives at a Canadian land border port of entry from the United States is generally returned to the United States to pursue protection there, rather than being allowed to claim in Canada. The Agreement is unaffected by Bill C-12 and continues to operate independently.
The Agreement applies where the claim is made:
- at a land border port of entry; or
- after an irregular crossing between ports of entry, where the claim is made within 14 days of entry —
unless the claimant qualifies for an exception.
The recognized exception categories are the family member exception, unaccompanied minors, holders of certain Canadian documents, and public interest cases. The family member exception is the one that decides most files, and it turns on having a qualifying relative in Canada with a qualifying status. The relative categories used at the border are broad — spouse, common-law or same-sex partner, guardian, child, parent, sibling, grandparent, grandchild, aunt or uncle, niece or nephew — and the relative must hold a qualifying status such as citizen, permanent resident, protected person, or in some cases a work or study permit holder over 18. Confirm the current criteria and evidentiary requirements before travelling, because the details matter enormously and are applied strictly at the border.
The new 14-day rule
Bill C-12 added section 101(1)(b.2) to the Act. A claim is ineligible for referral to the Refugee Protection Division where the person entered Canada at a location along the Canada-United States land border that is not a port of entry, and made the claim more than 14 days after that entry.
The interaction with the Agreement produces three distinct outcomes:
| How the person entered and claimed | Agreement applies? | Referred to the Board? |
|---|---|---|
| Claim at a land border port of entry | Yes, unless an exception applies | Only if an exception applies and the claim is otherwise eligible |
| Irregular crossing, claim within 14 days | Yes, unless an exception applies | Only if an exception applies and the claim is otherwise eligible |
| Irregular crossing, claim after 14 days | No | No — ineligible under s.101(1)(b.2), but a risk assessment remains available |
In other words, waiting past 14 days takes a person outside the Agreement’s return mechanism but into a statutory ineligibility bar. Neither route leads to a hearing on the merits before the Board.
The one-year rule, briefly
The other bar created by Bill C-12 is broader and catches people who are already in Canada. Under s.101(1)(b.1), a claim is ineligible where the claimant entered Canada at any point after June 24, 2020 and made the claim more than one year after the day of entry. Where there have been multiple entries after that date, the one-year clock begins the day after the first entry, not the most recent one.
The groups most exposed are international students, temporary foreign workers, and visitors who delay claiming — often precisely the people who were trying to maintain lawful status rather than claim. A visitor who arrives today and claims within a few months is unaffected by either new rule and remains eligible for referral, subject to the completeness requirements now applied before referral.
Retroactivity has been the central controversy. Claims already referred to the Board have been made ineligible after the fact, and IRCC has estimated that tens of thousands of claims pending at the Board are being redetermined. Procedural fairness letters have been issued in the one-year category. Claims already heard are not being reopened.
What happens to those found ineligible
Ineligibility does not mean immediate removal without any assessment of risk, but the substitute is much weaker.
The Pre-Removal Risk Assessment. Ineligible claimants are redirected to the PRRA, assessed by an IRCC officer rather than by an independent tribunal, on a paper record, with hearings rare. It applies the same sections 96 and 97 tests, but historically approves at a far lower rate than the Board. There is no appeal to the Refugee Appeal Division and no statutory stay of removal during judicial review of a negative decision. The mechanics are set out in our PRRA guide.
Work and study documents. A refugee claim and the resulting removal order affect existing documents. Electronic travel authorizations, temporary resident visas and temporary resident permits are cancelled when the claim is made and the removal order is issued. A visitor record does not permit the person to remain once the removal order becomes enforceable. Existing work permits may remain valid, but a new application is required before expiry to keep working. Existing study permits are cancelled by operation of law once the removal order comes into force, and a new study permit is required to continue studying.
A temporary public policy on open work permits. IRCC has a public policy allowing certain foreign nationals whose claims are found ineligible to obtain an open work permit once they are notified that they may apply for a PRRA, and transitional measures allowing some to apply earlier and preventing cancellation of existing permits. Importantly, the policy does not apply to everyone: it excludes, among others, those found ineligible because of the Safe Third Country Agreement, those already recognized as Convention refugees in another country to which they can return, existing protected persons, and those subject to extradition.
The limbo problem. For nationals of countries subject to an administrative deferral of removals — around 22 countries — removal is suspended, and because the PRRA is triggered by removal proceedings, the risk assessment may never be offered at all. The result is a group with no hearing, no removal, and no risk assessment, holding interim work or study permits while a humanitarian and compassionate application sits in a queue measured in years.
What is left
For those caught by these rules, the realistic options are narrow but not empty: building the strongest possible PRRA record, since it is now the primary risk assessment; judicial review of the ineligibility decision itself, where constitutional challenges are being advanced on retroactivity and on the absence of an independent decision-maker or an assured oral hearing; a humanitarian and compassionate application, which does not stay removal and faces very long processing; and in compelling cases a temporary resident permit under s.24(1), which can provide immediate lawful status and, with an open work permit, stability while other avenues are pursued.
Anyone assessing these options should start from the eligibility analysis, not the merits of the claim. The date of first entry after June 24, 2020, the manner of entry, and the date of the claim now determine which forum, if any, will ever hear the case. Background on the ordinary process is in our refugee claim and RPD guide and the wider framework in our refugee protection guide.
FAQ
Did Bill C-12 change the Safe Third Country Agreement?
No. The Agreement continues to operate independently. Bill C-12 added separate ineligibility rules that sit alongside it.
If I cross between ports of entry and wait 15 days, can I claim?
The Agreement will not return you, but the claim is ineligible for referral to the Board under s.101(1)(b.2). The available route is a Pre-Removal Risk Assessment.
I have a sister in Canada. Does that help at the border?
The family member exception can apply where a qualifying relative holds a qualifying status. The categories and the evidence required are specific and strictly applied. Confirm the current criteria before travelling.
I entered Canada as a student in 2021 and want to claim now. Am I eligible?
The one-year rule would generally apply, because entry occurred after June 24, 2020 and the claim is being made more than a year after entry. The likely route is a PRRA rather than a hearing.
Can I work while this is happening?
Possibly, under the temporary public policy, but not everyone is covered, and the timing is tied to being notified that a PRRA may be filed. Verify your own position before relying on it.
Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on refugee eligibility, the Safe Third Country Agreement and pre-removal risk assessments. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.