Committee amends Carney’s border bill to limit sweeping executive powers

Amendments to Canada’s border bill set limits to the governor general’s ability to cancel or suspend immigration applications, and to cancel, vary, or suspend immigration documents such as work permits, study permits, and permanent resident cards.

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Bill C-12, “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,” contains provisions that would give the governor general—Canada’s appointed royal representative—broad powers they could exercise in accordance with their opinion of the public interest, including the abilities to

• Cease the acceptance of immigration applications for processing;
• Suspend or terminate the processing of immigration applications;
• Cancel, vary, or suspend immigration documents;
• Impose or vary conditions on immigration documents; and
• Impose or vary conditions on temporary residents.

In the introduced amendments, the “public interest” would be limited to addressing “administrative errors, fraud, public health, public safety, or national security.”

Should the bill become law with these amendments included, foreign nationals and permanent residents in Canada would have some degree of assurance that orders would not be made arbitrarily or capriciously.

The amendments also introduce more accountability and transparency for the use of these sweeping powers, requiring that after such an order is made, the immigration minister must table a report to parliament providing justification for the order along with details of the persons affected.

The bill is currently in its report stage, at which it will be debated in the House of Commons, and changes to the bill may be proposed and voted on, prior to the bill proceeding to its third reading.

To become law, the bill must pass a vote on its third reading in both the House of Commons and the Senate, and then receive royal assent.

If C-12 passes its third reading in the House of Commons, it will proceed to its first reading in the Senate.

The governor general typically exercises their powers on the advice of Canada’s prime minister and cabinet.

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