Bill C-12 amends the act but hopefully not its application

by Michael Scott

Immigration, Refugees and Citizenship Canada (IRCC) operate under the authority of rules and regulations set down in the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR). The difference between the Act and Regulations is important to note. The IRPA is the primary legislation governing how the country deals with immigration, refugee protection and the selection of foreign nationals. The Regulations are defined by the Governor in Council to set forth the enforcement and application to the Act. Changes in the IRPA are limited legislation that is table and passed in Parliament and the Senate. The difference between established law and their application can be seen in the introduction of Bill C-12, which moved towards final approval on March 12, 2026.

Bill C-12, which has been opposed by a strong lobby group, represents one of greatest reforms in Canada’s immigration system in decades, including the ability of the Governor in Council to vary, cancel, or suspend immigration documents, including work permits, study permits, and permanent resident visas. The bill, entitled An Act respecting certain measures of Canada’s borders and the integrity of the Canadian immigration system respecting other related security concerns, passed its third reading in the Senate. Some of the key provisions to Bill C-12, followed by the highlights of the opposition group, include:

Asylum ineligibility – Applicants can no longer submit a refugee claim more than one year after arriving or more than 14 days if they enter at a land port-of-entry;

Expansion of minister’s powers – The Minister of Citizenship and Immigration has the power to cancel, suspend, or change permanent or temporary visas, or work permits if the action is deemed to be in the “public interest;”

Information sharing – The bill gives the immigration department the authority to share personal information about applicants (such as status, identity and documents) with other federal departments and provincial authorities for security reasons, and to inform foreign entities – though placing some limits on the sharing of information on foreign nationals;

Border controls – Amendments to the Customs Act authorizes Canada Border Services Agency (CBSA) to expand their authority to access private facilities, such as warehouses, for checking goods destined for export; and

Abandoned claims – Authority is given to the Immigration and Refugee Board (IRB) to declare refugee claims abandoned if the claimant leaves Canada while the claim is in process.

The opposition to Bill C-12 has been vocal throughout the process. The changes to the Act do not appear to address issues of human rights concerns of refugee claimants nor general applicants for work permit, study permits and permanent resident applications. Tens of thousands sent letters and called on MPs and Senators, and some of their concerns were heard and acted on, others not so. A senate committee recommended removing some provisions that attacked refugees and migrants, but the committee was largely overlooked. At this point there are still concerns being put forward and the chief amongst these is the concern that the department may follow the lead of the United States and empower our own version of Trump’s ICE police. It is easy to say that the traditions are not the same as the U.S., but we should be concerned with actions taken in the “public interest,” which may explain some of the excesses of the ICE enforcement south of the border. Canada does have a different history from the Americans but the country has its own anti-immigrant lobby and even some “Maple Maga” – but without the hats.

Michael Scott is a Regulated Canadian Immigration Consultant (RCIC, R525678) who has 30 years of experience with Immigration Canada and the Manitoba Provincial Nominee Program. He currently works as a licensed consultant with Immigration Connexion International Ltd. Contact him at 204-691-1166 or 204-227-0292. E-mail: mscott.ici@gmail.com.