Order Fixing November 3, 2026 as the Day on Which Certain Provisions of the Strengthening Canada’s Immigration System and Borders Act Come into Force: SI/2026-59

Canada Gazette, Part II, Volume 160, Number 22

Registration
SI/2026-59 November 4, 2026

STRENGTHENING CANADA’S IMMIGRATION SYSTEM AND BORDERS ACT

Order Fixing November 3, 2026 as the Day on Which Certain Provisions of the Strengthening Canada’s Immigration System and Borders Act Come into Force

P.C. 2026-1004 October 23, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness, under section 64 of the Strengthening Canada’s Immigration System and Borders Act, chapter 4 of the Statutes of Canada, 2026, fixes November 3, 2026, as the day on which sections 31, 34, 35, 41 to 45, 48, 49, 51, 52, 55 and 58 of that Act come into force.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council, made under subsections 64(1) and 64(2) of the Strengthening Canada’s Immigration System and Borders Act (the Act), fixes November 3, 2026, as the day on which sections 31, 34, 35, 41, 42, 43, 44, 45, 48, 49, 51, 52, 55 and 58 of that Act come into force.

Objective

The objective of this Order is to bring into force the remaining amendments included in Part 6 of the Act that did not come into force upon royal assent. These amendments are intended to help address challenges faced by the in-Canada asylum system by improving efficiency and improving the integrity of the system.

Background

The number of asylum claims in Canada continues to exceed processing capacity. Canada’s asylum system received approximately 144 000 claims in 2023 and 173 000 claims in 2024, up from an average of approximately 52 000 claims annually over the preceding five years (2018 to 2022). Although there was a decrease in claims in 2025, with approximately 115 000 claims received, changes are needed to improve the efficiency of the system by enabling faster and more efficient decision making.

To support these changes, the Government of Canada introduced legislative amendments through the Strengthening Canada’s Immigration System and Borders Act to amend the Immigration and Refugee Protection Act (IRPA), which received royal assent on March 26, 2026. Upon royal assent, two new ineligibility grounds and some asylum reform measures came into force, with the remaining asylum reform measures coming into force through this Order. This Order will bring into force sections of the Act related to the in-Canada asylum system, which will make the system more efficient, sustainable and well managed.

Implications

Bringing these provisions into force will improve the way in-Canada asylum system functions. Responsible organizations, including Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA) and the Immigration and Refugee Board (IRB), will implement updated policies, procedures and regulations to support these legislative amendments. This includes updates to operational guidance, information for officers to ensure consistent application and amendments to the Refugee Protection Division Rules and the Immigration and Refugee Protection Regulations.

The amendments will create efficiencies throughout various stages of the asylum process.

The amendments clarify the authority of the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness to appoint a designated representative for persons who are under 18 years of age or are unable to appreciate the nature of proceedings for certain IRCC and CBSA proceedings and applications associated with the removal stage. This will continue to improve fairness and reduce vulnerability for these clients, as the role of the designated representative is to help clients understand the process and support them to make decisions pertaining to certain proceedings and applications before the Minister.

The amendments authorize the Minister of Citizenship and Immigration to specify the information and documents that are required in support of a claim for refugee protection. This will streamline the refugee registration and intake process for all claimants (inland and port of entry) by introducing a single intake point for all applications, including submission of information and documents required by IRCC, CBSA and the IRB, eliminating the need for submission of duplicate information.

The amendments require the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness to conduct Minister’s Due Diligence activities (i.e. reviewing claims for integrity, credibility, misrepresentation, criminality and admissibility concerns and for potential intervention) prior to the referral of claims to the Refugee Protection Division (RPD) of the IRB. This will support more complete referrals to the RPD by ensuring that ministerial review activities are conducted before referral, leading to more efficient processing once the claim is before the RPD.

The amendments will require the Minister of Citizenship and Immigration to transmit a claim to the Refugee Protection Division (RPD) for a determination of abandonment where a claim has not yet been referred to the RPD and the claimant fails to provide the required documents or fails to appear for an examination. The Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness will also have the authority to determine that a claim for refugee protection that has not yet been referred to the RPD has been withdrawn in certain circumstances. This will improve efficiency in claim processing by reducing the inventory of “non-compliant” claims.

The amendments also eliminate legislative provisions related to the designated countries of origin regime from IRPA, which has not been in use since 2019 following the de-designation of all previously designated countries.

The relevant sections of the Act will come into force at the same time as the associated amendments to the Immigration and Refugee Protection Regulations and the Refugee Protection Division Rules, which are needed to support and fully implement the Act.

Gender-based analysis plus (GBA+)

The provisions brought into force by this Order may have differential impacts on individuals depending on gender and other intersecting identity factors, including age, race, sexual orientation and economic status. Asylum claimants often include individuals from vulnerable populations, such as women fleeing gender-based violence, children, 2SLGBTQI+ individuals and racialized groups. Changes to the asylum system may therefore have disproportionate effects on these groups.

Gender, diversity and intersectionality are key considerations in IRCC’s work to provide protection to asylum seekers. In developing the legislative amendments included in this Order, IRCC examined the potential GBA+ implications and determined that the Act includes changes to improve the efficiency of the asylum system, which would have a positive impact on vulnerable asylum claimants, including women, children and 2SLGBTQI+ individuals, by ensuring Canada provides timely protection to those who need it most.

Consultation

External stakeholders were engaged during the legislative process for the Act, including civil society organizations and legal experts. IRCC has engaged stakeholders through briefings and meetings. Feedback from these consultations helped shape the scope and approach of the Act.

Relevant federal departments and agencies, including the CBSA and the IRB, were consulted in the development of this Order.

Contacts

Jason Hollmann
Director General
Asylum Branch
Email: IRCC.AsylumReformRegs-Reformedasileregs.IRCC@cic.gc.ca

Brett Bush
Director General
Strategic Policy Branch
Canada Border Services Agency
Email: IEPU-UPELI@cbsa-asfc.gc.ca