Bill C-12 Senate Approval
Bill C-12 Advances in Senate Without Changes, Nears Final Approval
Canada’s proposed immigration overhaul is one step closer to becoming law after clearing a key Senate committee without any modifications. The legislation, widely viewed as one of the most consequential immigration reform packages in recent years, is now headed for third reading in the Senate.
If passed in its current form and granted royal assent, the bill will significantly expand the federal government’s authority over immigration decisions and reshape aspects of the country’s asylum framework.
What the Bill Would Change
At the heart of the proposed law is an expansion of powers granted to the Governor in Council, meaning the Governor General acting on the advice of the Prime Minister and Cabinet.
Under the new framework, the federal executive could:
- Suspend, cancel, or modify immigration documents such as work permits, study permits, and permanent resident visas
- Halt or terminate the intake and processing of immigration applications
- Impose new or additional conditions on temporary residents
These measures could only be exercised in circumstances defined as being in the “public interest.” However, earlier amendments adopted by the House of Commons narrowed that definition. The term “public interest” is now explicitly tied to situations involving administrative errors, fraud, public health, public safety, or national security.
The bill also requires the immigration minister to present a report to Parliament after any such executive order is made, outlining the rationale and the anticipated impact.
Senate Review: No Amendments from Primary Committee
The legislation was examined by the Senate Standing Committee on National Security, Defence and Veterans Affairs earlier this month. Following its review, the committee reported the bill back to the Senate without proposing any changes. The Senate is now scheduled to proceed to third reading. At this stage, senators may approve the bill as it stands, propose amendments, or reject it entirely. If no further changes are introduced and it passes, the bill will only require royal assent to become law.
Should the Senate adopt amendments, the legislation would return to the House of Commons for further consideration.
Secondary Committee Pushback
While the primary Senate committee endorsed the bill without alteration, a separate Senate committee, the Standing Committee on Social Affairs, Science and Technology, recommended sweeping revisions.
Among its recommendations were:
- Removing provisions that grant expanded executive authority
- Eliminating reforms to the asylum system
- Striking clauses that would permit broader information sharing by immigration authorities
Because this committee was not the lead body reviewing the legislation, its recommendations are advisory rather than binding.
Focus on Academic and Research Talent
Research and Academic Occupations
| Occupation | 2021 NOC code |
|---|---|
| Post-secondary teaching and research assistants | 41201 |
| University professors and lecturers | 41200 |
Proposed Changes to the Asylum System
One of the most debated elements of the bill concerns asylum eligibility. The proposed reforms would:
- Bar refugee claims from individuals who entered Canada after June 24, 2020 and filed a claim more than one year after arrival
- Make individuals ineligible if they crossed the Canada–U.S. land border between official ports of entry
Currently, under existing legislation, individuals who cross outside a port of entry may still be eligible to make a refugee claim if they wait at least 14 days before doing so. If enacted, the new restrictions would apply retroactively to claims submitted after the bill’s introduction, though claims filed before that date would remain unaffected.
In recent public remarks, Immigration Minister Lena Metlege Diab defended the reforms, arguing that the asylum system must not be used as a fallback pathway by individuals who have already been living in Canada for extended periods.
Earlier Amendments from the House of Commons
The bill has already undergone revisions. In December 2025, the House of Commons adopted amendments designed to introduce oversight mechanisms and limit executive discretion. Those amendments:
- Narrowed the scope of what qualifies as “public interest.”
- Required parliamentary reporting after the use of expanded executive powers
These changes were introduced following recommendations from the House Standing Committee on Citizenship and Immigration.
3. Full-Time Equivalency Standard
Full-time work is defined as at least 30 hours per week. Candidates must accumulate the equivalent of 12 months at this standard.
- 30 hours per week for 12 months qualify.
- Part-time work is acceptable if it equals the same total number of hours (for example, 15 hours per week over 24 months).
Committee Observations Beyond the Text
The committee emphasized the need to streamline application processing, address persistent backlogs, and improve operational efficiency. It also called for stronger action against fraudulent immigration consultants.
What Happens Next
If enacted, the law would mark a significant shift toward centralized executive control, paired with defined safeguards and parliamentary oversight mechanisms.
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