Refugee Protection Division Rules Changes

Summary#

This is a proposed set of changes to the Refugee Protection Division Rules published by the Immigration and Refugee Board of Canada on June 20, 2026. The rules would align RPD procedures with the new Strengthening Canada’s Immigration System and Borders Act — for example, they move parts of the refugee application process to a single online application handled first by the Minister, and they set new deadlines and digital communication rules. This is a proposal (not law yet); people have 30 days from the publication date to comment.

What it does#

• Changes how a refugee claim starts:

  • Replaces the separate Basis of Claim form with “basis of claim information” provided as part of a single online application to the Minister (part of the new single application process).
  • Clarifies that the Minister — not an immigration officer — refers claims to the RPD and must send the RPD and the claimant the documents the Minister received.

• Introduces an abandonment step before a claim is sent to the RPD:

  • If a claimant doesn’t provide required documents or misses an examination, the Minister can send the file to the RPD for a short abandonment proceeding.
  • The RPD must give claimants a chance to make written or oral representations before declaring a claim abandoned.

• Changes timing for sharing evidence:

  • Claimants must give the RPD any personal documents they plan to use at a hearing no later than 30 days after the Minister refers the claim.
  • Country-condition documents can still be provided up to 10 days before a hearing.
  • If a claimant needs to change their basis-of-claim after referral, they must provide the change without delay and no later than 5 days after getting a notice to appear.

• Moves to more digital communication:

  • Removes fax as an accepted method for sending documents to the RPD and expects greater use of digital tools such as My Case Portal (though mail and other methods remain for some users).

• Other technical updates:

  • Repeals or updates outdated rules (for example, rules on who schedules initial hearings and some definitions).
  • Updates schedules and forms to reflect the new application content and required declarations.

Who's affected#

• Refugee claimants in Canada — including people who are detained or self-represented.
• Legal representatives and immigration consultants who prepare and file claim information for claimants.
• The Minister and the departments carrying out Ministerial duties: Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).
• Staff and decision-makers at the Immigration and Refugee Board of Canada who run and decide RPD cases.
• Legal aid and advocacy groups that help claimants (they raised concerns in consultations).
• The rules say they are not expected to affect Indigenous peoples.

Why it matters#

• It could speed up some refugee cases. Getting fuller files to the RPD earlier should let the board triage cases, reduce last-minute evidence, and cut postponements. The government says this helps manage a very large backlog (for context, the RPD recently reported receiving 99,500 new claims in a year and holding an inventory of 298,200 cases with average waits of about 25 months).
• It shifts responsibilities: more of the early paperwork and checks happen with the Minister before the RPD sees a file. That can catch credibility, security, or admissibility problems earlier — but it also means claimants must get more of their material into the online application on time.
• It raises access concerns. Requiring earlier evidence and phasing out fax can create barriers for people who need time to collect documents, have language or mental-health challenges, or who lack reliable internet. Stakeholders asked for safeguards for vulnerable claimants; the proposed rules keep an existing process for late evidence and allow the RPD some flexibility.
• It introduces a formal chance for the RPD to declare claims abandoned before referral. That could shorten processing for claims that are not actively pursued — but it may also risk losing claims if people miss notices or cannot respond quickly.

If you want to comment, the Canada Gazette notice gives a 30‑day public comment period starting from the publication date.