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A major federal immigration reform bill is moving closer to becoming law after being reported back to the Senate without amendments.

If passed in its current form, Bill C-12 would grant sweeping executive powers over Canada’s immigration system to the Governor in Council — meaning the governor general acting on the advice of the prime minister and cabinet.


What Is Bill C-12?

Bill C-12, formally titled “An Act respecting certain measures relating to the security of Canada’s borders and the integrity of the Canadian immigration system and respecting other related security measures,” proposes significant changes to how Canada manages immigration and asylum claims.

The bill was reviewed by the Standing Committee on National Security, Defence and Veterans Affairs, which reported it back to the Senate on February 25, 2026, with no amendments.

The Senate is expected to proceed to third reading at its next sitting.


Key Powers Proposed Under the Bill

If enacted, the Governor in Council would have authority to:

  • Vary, suspend, or cancel immigration documents (work permits, study permits, PR visas)
  • Suspend or stop accepting new immigration applications
  • Terminate the processing of applications already submitted
  • Impose conditions on temporary residents
  • Suspend refugee claim proceedings for claimants outside Canada

These powers could only be used where deemed to be in the “public interest.”


Amendments Previously Added by the House of Commons

In December 2025, the House of Commons adopted amendments to place limits on these executive powers.

The revised definition of “public interest” now restricts use of the powers to situations involving:

  • Administrative errors
  • Fraud
  • Public health
  • Public safety
  • National security

Additionally, the immigration minister would be required to:

  • Table a report to Parliament
  • Provide justification for each order issued
  • Detail the impact of those orders

These guardrails were introduced following review by the Standing Committee on Citizenship and Immigration.


Senate Committees: Divided Positions

While the primary Senate committee reviewing the bill proposed no amendments, the Standing Committee on Social Affairs, Science and Technology (SOCI) issued a report recommending sweeping changes.

SOCI suggested:

  • Removing nearly all executive powers granted to the Governor in Council
  • Eliminating the asylum system reforms
  • Removing provisions allowing expanded information sharing

However, because SOCI was not the primary reviewing committee, its proposals remain recommendations only.


Major Changes to Canada’s Asylum System

Bill C-12 proposes significant reforms to refugee eligibility.

If passed:

  • Individuals who entered Canada after June 24, 2020 and file an asylum claim more than one year after entry would be ineligible.
  • Individuals who entered Canada from the United States outside a port of entry would also be ineligible.

Under current rules, asylum claims are permitted if made at least 14 days after irregular entry.

The proposed restrictions would apply retroactively to the date the bill was introduced, but would not affect claims made before that date.

In a February 18 speech at the Canadian Club Toronto, Immigration Minister Lena Metlege Diab stated:

“If you have been in Canada for over a year, you should not be claiming asylum.”


What Happens Next?

For the bill to become law, it must:

  1. Pass third reading in the Senate
  2. Be approved in identical form to the House of Commons version
  3. Receive royal assent

If the Senate proposes amendments at third reading, the bill would return to the House of Commons for reconsideration.


Committee Observations

Although no amendments were formally proposed, the primary Senate committee included observations urging the federal government to:

  • Provide additional resources to immigration authorities
  • Streamline application processes
  • Reduce backlogs
  • Crack down on fraudulent immigration consultants

Why This Bill Matters

Bill C-12 represents one of the most significant proposed shifts in Canada’s immigration governance in recent years. If enacted as drafted, it would centralize considerable authority within the executive branch while tightening eligibility rules for asylum seekers.

As the bill moves to third reading, stakeholders across immigration, legal, and refugee advocacy sectors will be closely watching the outcome.

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