Canada Bill C-12: Thousands of immigrants face tougher permit, asylum rules

Canada's proposed immigration law could expand permit cancellation powers and tighten asylum deadlines. Here's what temporary residents should know

Living in Canada on a work or study permit? Thinking about filing an asylum claim? Or already waiting for a decision on a refugee application?

 

Bill C-12, the “Strengthening Canada’s Immigration System and Borders Act”, is moving quickly through Parliament and could soon become law. If passed, it would reshape how permits, asylum claims and border controls are handled.

 

The legislation comes as Canada faces an asylum backlog of nearly 300,000 cases and growing border enforcement pressures.

 

On February 9, 2026, Immigration Minister Lena Metlege Diab and Public Safety Minister Gary Anandasangaree appeared before the Standing Senate Committee on National Security, Defence and Veterans Affairs. On February 12, Privacy Commissioner Philippe Dufresne is due to testify as the committee begins reviewing its draft report.

   

For many applicants, the real question is: What does this mean for me?

 

Victor Ing, a Canadian immigration lawyer, wrote in a blog post that the Bill gives the government broad powers to vary or cancel existing visas and permits, suspend the intake of new applications and even eliminate backlogs if deemed in the “public interest”.

 

“This aspect of Bill C-12 has garnered significant attention because it affects not only those already living in Canada but also would-be immigrants who may already be in an immigration processing queue or expecting to file applications soon,” he wrote.

 

“Bill C-12 unnecessarily creates an atmosphere of uncertainty,” he added.

 

What are the main features of Bill C-12?

 

The legislation focuses on stronger immigration enforcement, expanded security measures and tighter oversight of applications. It introduces new asylum eligibility rules, broader information-sharing powers and enhanced border controls, while giving the cabinet authority to act in what it considers the public interest.

 

The Migrants Rights Network, a cross-Canada alliance advocating for migrant justice, has set out five areas where the Bill could have the biggest impact.

 

Cancellation of immigration documents

 

One of the most debated provisions gives the Governor-in-Council — effectively the federal cabinet — the authority to mass-cancel, suspend or modify immigration documents, including work permits, study permits and visitor visas.

 

What this means for applicants:

 

• Work permits, study permits or visas could be cancelled in groups if the government decides it is in the “public interest”

• The power may be used in cases involving organised fraud, cyberattacks, public health emergencies or national security threats

• The government may stop accepting new applications for certain categories altogether

• Any such action must be published in the Canada Gazette

• The Minister must table a report in Parliament within seven sitting days

 

The power cannot be exercised by the Immigration Minister alone. It requires approval from the full cabinet.

 

The legislation also makes clear that cancelling documents in bulk does not automatically strip someone in Canada of their status. Existing removal procedures and protections remain in place.

 

For example, if hundreds of international students were found to have fraudulent acceptance letters from the same consultant, the government could invalidate those permits collectively rather than examining each case individually.

 

New asylum ineligibility rules

 

The Bill introduces two new grounds that would make certain asylum claims ineligible for referral to the Immigration and Refugee Board (IRB).

 

New ineligibility ground one: The one-year rule

 

Asylum claims made more than one year after a person’s first entry into Canada, for entries after June 24, 2020, would not be referred to the IRB.

 

• If you entered as a visitor, student or worker and later decide to claim asylum, you must file within 12 months

• Claims made after one year would not receive a full IRB hearing

• Instead, you would be limited to a Pre-Removal Risk Assessment before deportation

 

New ineligibility ground two: The 14-day rule

 

Individuals who cross irregularly into Canada from the United States and claim asylum more than 14 days after entry would also be ineligible for IRB referral.

 

• Claims filed after 14 days would be channelled towards removal, with only a Pre-Removal Risk Assessment available

• The Safe Third Country Agreement remains in effect

• Unaccompanied minors are exempt from these rules

 

Canada’s asylum backlog stood at about 299,452 cases as of November 2025, with average wait times of 16 months. Claims rose from 92,000 in 2022 to 173,000 in 2024.

 

The government has said the measures are intended to prevent misuse of the asylum system by people seeking to extend temporary stays and gain access to work permits.

 

Expanded government information sharing

 

Bill C-12 would expand how Immigration, Refugees and Citizenship Canada (IRCC) shares personal information across programmes and with provincial and territorial partners.

 

Privacy Commissioner Philippe Dufresne is scheduled to address these provisions before the committee.

 

Under the changes:

 

• IRCC could share information between its own programmes, such as using data from a permanent residence application when processing a citizenship file

• Identity, status and document details could be shared with provincial, territorial and federal partners

• Discrepancies between different applications could be identified more easily

• Applicants may no longer need to resubmit documents already provided to another IRCC programme

 

The Bill requires written information-sharing agreements. Provinces and territories would not be allowed to share data with foreign entities without IRCC’s written consent. Any such sharing must comply with the Avoiding Complicity in Mistreatment by Foreign Entities Act.

 

For applicants, this means less repetition, but also closer scrutiny if details differ across applications.

 

Streamlined asylum processing changes

 

Beyond eligibility rules, the Bill proposes procedural adjustments intended to speed up decision-making.

 

Changes include:

 

• A unified application process whether a claim is made at a port of entry or inland

• Referral to the IRB only when files are complete and ready to schedule

• Decisions made only when the claimant is physically present in Canada

• Removal of inactive cases from the system

• Removal orders taking effect the same day a claim is withdrawn

• Appointment of designated representatives for vulnerable individuals, including minors

 

For those considering an asylum claim, preparing a complete file from the outset may become more important, as incomplete applications could face delays.

 

Enhanced border security and enforcement

 

The legislation also strengthens border enforcement measures, targeting organised crime, auto theft and fentanyl trafficking.

 

CBSA President Erin O’Gorman and RCMP Senior Deputy Commissioner Bryan Larkin appeared before the committee to discuss these provisions.

 

Proposed changes include:

 

• Expanded authority for the Canada Border Services Agency to examine goods for export at transport hubs, rail yards and warehouses

• Requirements for port and facility operators to provide and maintain enforcement infrastructure

• A new security mandate for the Canadian Coast Guard, reporting to the Minister of Defence

• Plans to add 1,000 RCMP personnel and 1,000 CBSA officers

• Implementation of 24/7 border surveillance

 

While most measures focus on goods and organised crime, travellers may notice stricter screening at ports of entry.

 

When will Bill C-12 become law?

 

Committee hearings are nearing completion, with draft report consideration under way on February 12. If it proceeds swiftly, the Bill could pass third reading and receive Royal Assent as early as March 2026.

 

Will your current work permit or study permit be automatically cancelled?

 

No. The Bill does not automatically cancel documents. Mass cancellation would require a specific Governor-in-Council order for defined circumstances such as fraud, a public health emergency or national security concerns. Permits obtained legitimately remain valid unless subject to such an order.