Senate Recommends Removing Broad Immigration Powers from Bill C-12: What It Could Mean for PR and Refugee Claimants
Canada’s proposed border legislation, Bill C-12, is now under close review in the Senate — and immigration measures within the bill are drawing significant concern.
A Senate committee has recommended that key immigration-related provisions either be removed or significantly amended. Witnesses, including the Canadian Bar Association and Amnesty International, warned that the bill may violate principles of procedural fairness and could create a two-tier asylum system.
If passed in its current form, Bill C-12 could expand the federal government’s authority to:
Cancel or modify existing immigration documents
Restrict eligibility for certain refugee claims
Broaden information-sharing powers
Apply certain rules retroactively
For permanent residents, refugee claimants, and individuals with pending applications, these proposed changes raise important legal questions. Below is what you need to know.
What Does Bill C-12 Propose?
The immigration-related sections of Bill C-12 would introduce new powers affecting refugee eligibility, document cancellation, and information-sharing.
One of the most controversial measures would allow the federal cabinet to cancel or modify immigration documents — including permanent resident cards and applications already in process — if deemed to be in the “public interest.”
Another proposed provision would bar certain refugee claims if the claimant first entered Canada more than one year before making the claim. That rule would apply retroactively to June 24, 2020. Immigration Minister Lena Diab told the committee that approximately 37% of asylum claims filed between June and October 2025 could have been disallowed under this measure.
Why the Senate Is Concerned
The Senate social affairs committee recommended that the national security committee either remove these immigration provisions entirely or significantly amend them.
Key concerns raised by witnesses included:
Lack of procedural fairness safeguards
Risk of a two-tier refugee system
Broad and undefined “public interest” cancellation powers
Retroactive application of refugee eligibility rules
Insufficient parliamentary oversight
The committee also recommended:
Increasing the one-year asylum ineligibility period to five years
Removing retroactive application
Adding stronger parliamentary oversight
Exempting permanent residents and naturalized citizens from expanded information-sharing
Introducing mandatory privacy commissioner review
The bill is now undergoing clause-by-clause review in the Senate, where amendments may still be introduced.
What Could This Mean for You?
The table below outlines how the proposed measures may affect individuals — and when legal advice becomes essential.
| Immigration Risk Area | What This Could Mean & How Ayodele Law Can Help |
|---|---|
| Permanent Residence Cancellation Powers | Bill C-12 proposes giving the federal government authority to cancel or modify immigration documents — including permanent resident cards — in the “public interest.” If your PR status is questioned or cancelled, early legal strategy is critical. Our Immigration Appeals practice helps protect permanent residents before the Immigration Appeal Division and Federal Court. |
| Refugee Claim Ineligibility (Retroactive Rules) | Proposed retroactive rules could render certain asylum claims ineligible if filed more than one year after entry to Canada. If your eligibility is challenged, experienced representation before the Immigration and Refugee Board can significantly impact outcomes. |
| Expanded Information-Sharing Powers | The bill would broaden the government’s ability to share immigration-related personal information across departments and potentially with foreign governments. We assess privacy implications and procedural fairness issues where disclosure may negatively impact your status or application. |
| IRB Delays & Backlogs | With approximately 300,000 refugee claims pending, delays remain significant. If your application has been unreasonably delayed, a Writ of Mandamus application may compel IRCC to make a decision and move your case forward. |
The Bigger Legal Issue: Procedural Fairness
One of the core principles of Canadian administrative law is procedural fairness — the right to:
Know the case against you
Respond meaningfully
Have a fair hearing before rights are removed
Broad cancellation powers without clear safeguards raise serious legal questions. If enacted and used aggressively, such measures could lead to Federal Court litigation and constitutional challenges.
What Happens Next?
The Senate’s national security committee is reviewing the bill and may introduce amendments. It is still possible that:
The immigration sections are removed entirely
Oversight provisions are strengthened
Retroactive elements are eliminated
The bill is delayed or substantially modified
For now, nothing has changed in the law — but the direction of policy is important.
What Should Permanent Residents and Claimants Do?
There is no immediate need for panic.
However, if you are:
A permanent resident facing potential revocation issues
A refugee claimant unsure about eligibility
An applicant with a significantly delayed file
Concerned about document cancellation or fairness
It is important to understand your legal position early. At Ayodele Law, we assist clients with:
Policy changes often create uncertainty — but informed, strategic action makes a significant difference. Contact an Immigration Lawyer at Ayodele Law today.
Final Thoughts
Bill C-12 highlights a broader trend: increased focus on border control and asylum system management. At the same time, Senate scrutiny shows that concerns about fairness, oversight, and human rights remain central to Canada’s immigration framework.
As the bill moves forward, individuals affected by immigration decisions should pay close attention — particularly where rights, status, or applications could be at risk.
If you are unsure how proposed changes may affect your case, professional legal advice can provide clarity and protection.