published on 9 April 2026 @ 3:26 pm · COMMENT

Bill C-12’s Broader Authority Over Immigration Documents and Processing

On March 27, 2026, Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, came into force, which grants the federal government enhanced authority over immigration documents and application processing. This includes the ability to suspend, cancel, or modify groups of immigration documents – such as visas, electronic travel authorizations, and work or study permits – where considered to be in the public interest. It also grants the immigration department broad powers to mass-cancel pending applications in bulk where they are no longer in the public interest.

The law aims to manage high immigration volumes but faces criticism for lacking oversight. The government can now pause the intake of new applications entirely within specific categories. The law expands the ability of IRCC to share applicant information with federal, provincial, territorial, and foreign governments.

Public interest grounds include fraud, administrative errors or concerns for public health, safety or national security.

Could Bill C-12 Affect Your Refugee Claim? Key Changes to Know

Bill C-12 also introduces notable changes to Canada’s refugee determination process, in addition to expanding federal authority over immigration matters.

From a refugee law perspective, one of the most significant changes relates to eligibility for referral to the Immigration and Refugee Board (“IRB”). The legislation introduces new circumstances in which refugee claims will not be referred for a hearing.

In particular, individuals who make a refugee claim more than one year after their first entry into Canada (where that entry occurred after June 24, 2020) are now ineligible for referral to the IRB. This applies even if the individual has since left and re-entered Canada.

The legislation also affects individuals who enter Canada irregularly from the United States. Previously, some individuals who crossed between ports of entry and waited at least 14 days before making a claim could avoid the application of the Safe Third Country Agreement and have their claims heard in Canada. Under Bill C-12, individuals in this situation who make a claim after 14 days of entry are now ineligible for referral to the IRB. In practical terms, this removes a pathway that had allowed certain claimants to access the refugee determination system despite arriving from the United States.

Where a claim is found ineligible under these provisions, individuals may still have access to a Pre-Removal Risk Assessment (“PRRA”). However, the PRRA process differs from an IRB hearing in important respects, including the scope of review and available procedural safeguards. Decisions on PRRA applications cannot be appealed to the Refugee Appeal Division. Although judicial review at the Federal Court remains available, a pending court challenge does not automatically prevent removal from Canada.

Summary

This Act was introduced to enhance the integrity of the immigration system but has generated significant concern regarding the restriction of migrant and refugee rights. Overall, these changes introduce new procedural parameters that may affect how and when individuals can seek protection in Canada, as well as how immigration applications are managed more broadly.

If you believe you may be affected by these changes, we encourage you to contact our office to discuss your specific circumstances. Early legal advice can be critical in navigating the evolving framework and identifying the options that may be available to you.

filed under: IMMIGRATIONPERMANENT RESIDENCE