Major immigration bill nears approval – what it means for newcomers

A bill is nearing approval that would give the governor general broad discretionary powers over immigration applications, immigration documents, and temporary residents.

If it becomes law in its current form, Bill C-12, “Strengthening Canada's Immigration System and Borders Act,” would allow Canada’s governor general (acting with the advice of the Cabinet) to cease the acceptance of immigration applications for processing, as well as to suspend or terminate the processing of currently pending applications.

Applications and documents that would be impacted include permanent resident visas, work permits, study permits, temporary resident visas, and electronic travel authorizations. Permanent residence cards are also in scope.

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Bill C-12 also grants the government the ability to amend and vary conditions on both temporary resident documents (such as those mentioned above) and to individual temporary residents (workers, students, and visitors) themselves. These added or changed conditions can be broad and varied according to the language of the bill, and can be used to enforce compliance with existing laws and regulations outside of the Immigration and Refugee Protection Act (IRPA).

The powers do not include the ability to grant permanent resident status, or to grant or extend work permits or study permits.

Impact on newcomers

Although the broad powers this bill would grant to the governor general may raise eyebrows among newcomers, several amendments were introduced as guardrails and were included in the bill as the Commons passed it in its third reading.

The powers over applications, documents, and temporary residents mentioned above are to be used when the governor general believes that it is in the “public interest” to do so.

In the adopted amendments, the bill specifies that the public interest could constitute situations pertaining to “administrative errors, fraud, public health, public safety, or national security."

The bill also provides measures for transparency and oversight, by requiring that when such powers are exercised, the immigration minister table a report in Parliament providing a rationale for the order and detailing the number of applications and/or documents affected, as well as a description of the people affected.

In cases where powers are exercised to address issues such as administrative errors or fraud, newcomers with legitimate and correct applications stand to benefit.

The bill also contains numerous measures for reform of Canada’s refugee and asylum system, including providing officials the ability to determine claims to have been abandoned or withdrawn under certain circumstances.

Is Bill C-12 likely to become law?

The bill has passed its third reading in the House of Commons and its first reading in the Senate. It will become law if it passes its third reading in the Senate and receives royal assent.

The Senate will resume consideration of the bill when it reconvenes in February 2026.

The bill is likely to become law: in the Canadian federal government, it is incredibly rare for bills passed in the Commons to be defeated in the Senate.

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