Key Takeaways:
- Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, aims to restructure Canada’s immigration and border enforcement system.
- The bill introduces significant changes, including mandatory representation for vulnerable claimants, stricter timelines for asylum claims, and expanded authority for immigration officers.
- The bill also introduces new rules for refugee claim ineligibility, including a one-year time limit for filing claims after entry.
- The bill is expected to become law, with many of its provisions coming into effect through regulations and orders in council.
- The changes introduced by Bill C-12 may affect not only new applicants but also individuals who already have valid visas or permits.
Introduction to Bill C-12
Bill C-12, officially titled the Strengthening Canada’s Immigration System and Borders Act, is a comprehensive immigration and border enforcement bill that has been introduced in Canada. The bill aims to restructure the legal foundations that govern how borders are enforced, how asylum claims are processed, and how immigration data is shared. It also outlines how quickly and when the federal government can suspend, terminate, or cancel applications and documents when it believes the public interest is at stake.
Why Does Bill C-12 Exist?
Bill C-12 exists in response to four compounding pressures that Canada’s immigration system has faced since 2020. These pressures include record-high temporary resident populations, surging in-Canada asylum claims, chronic processing backlogs, and growing political pressure to accelerate removals and restore "system integrity." The bill represents a shift away from ad hoc tools and toward permanent statutory authority, with the underlying message being that discretion will increasingly sit with the Minister and Cabinet, timelines will be enforced by law rather than policy, and failure to comply will lead to faster termination rather than prolonged processing.
Part 1: Customs Act Changes
Part 1 of Bill C-12 amends the Customs Act to strengthen the enforcement capacity of the Canada Border Services Agency. The changes include requiring owners and operators of international bridges, tunnels, airports, railways, wharves, and docks to provide CBSA with adequate facilities free of charge, and expanding the authority of CBSA officers to access goods destined for export. These provisions remove ambiguity about CBSA’s authority at key transit points and ensure that enforcement infrastructure cannot be withheld or delayed by private operators.
Part 5: Immigration Information Sharing
Part 5 of Bill C-12 fundamentally changes how immigration data is shared. For the first time, IRCC is given explicit statutory authority to disclose personal information internally and externally under defined conditions. This includes sharing personal information within IRCC, as well as with federal and provincial agencies or Crown corporations under agreements. The changes aim to reduce data silos and improve the efficiency of immigration processing.
Part 6: Asylum Claims
Part 6 is the most complex and impactful section of Bill C-12. It rewrites how in-Canada asylum claims are screened, processed, abandoned, withdrawn, appealed, and enforced. The central objective is speed, discipline, and finality. The changes include introducing mandatory representation for vulnerable claimants, stricter timelines for claimants to provide documents and information, and expanded authority for the Minister to declare a claim ineligible.
Part 7: Application Under Processing, Cancellation, and Public Interest Powers
Part 7 provides officers and the Minister sweeping authority over applications and documents. The changes include allowing officers to terminate processing of applications in prescribed circumstances, cancel, suspend, or vary visas or documents, and introducing public interest orders to address administrative errors, fraud, public health risks, public safety concerns, and national security threats.
Part 8: New Refugee Claim Ineligibility Rules
Part 8 introduces clear statutory bars to refugee claim eligibility. The changes include introducing a one-year time limit for filing claims after entry, and making claims ineligible if made more than one year after entry. The changes aim to deter late or secondary claims and encourage prompt filing.
Implications of Bill C-12
Bill C-12 marks a decisive shift in Canadian immigration governance, replacing procedural ambiguity with statutory authority, tolerance with timelines, and discretion by default with enforcement by design. The changes introduced by the bill may affect not only new applicants but also individuals who already have valid visas or permits. The bill is expected to become law, with many of its provisions coming into effect through regulations and orders in council.
Frequently Asked Questions
Many of the questions surrounding Bill C-12 relate to its implementation and impact. While the bill will not apply automatically, many of its provisions will rely on regulations to define timelines, prescribed circumstances, exemptions, and procedures. This means that the practical implementation of the bill will be phased in over time. Additionally, while the bill expands discretionary authority, decisions made under the bill must still comply with administrative law principles, and applicants retain the right to judicial review in many circumstances.