Summary in a Nutshell:
- Bill C-12, titled the Strengthening Canada’s Immigration System and Borders Act, introduces legislative reforms to modernize Canada’s border and immigration enforcement systems.
- The bill seeks to enhance the government’s ability to combat transnational organized crime, money laundering, and illicit drug trafficking while streamlining asylum processing.
- Key provisions include new ineligibility rules for asylum claims, expanded information-sharing mechanisms, and emergency powers to suspend or cancel immigration applications and documents.
- While the proposed legislation offers tools to improve efficiency and security, it raises critical questions about fairness, access to protection, and the scope of discretionary powers during emergencies.
Understanding Bill C-12: Strengthening Canada’s Immigration System and Borders Act
In October 2025, the Government of Canada introduced Bill C-12, known as the Strengthening Canada’s Immigration System and Borders Act. This comprehensive legislation aims to modernize the country’s immigration enforcement, enhance border security, and equip law enforcement with updated tools to counter organized crime, drug trafficking, and financial wrongdoing.
Modernizing Immigration and Border Security Frameworks
Canada’s current border and immigration frameworks are built on laws that have, in many instances, not kept pace with evolving global threats. Bill C-12 addresses this gap by proposing enhancements in several areas:
- Export Inspections: Expands CBSA’s powers to inspect goods at warehouses and transportation hubs prior to export.
- Maritime Security: Grants the Canadian Coast Guard the authority to conduct security patrols and collect intelligence.
- Expanded Information Sharing: Enables better coordination among federal agencies, particularly the RCMP and IRCC, to share immigration-related information securely and within Charter-compliant boundaries.
Key Changes to the Asylum System
The bill proposes a significant overhaul to how asylum claims are processed, with the stated aim of reducing backlogs and ensuring faster decisions. Under the new regime:
- Only complete, “scheduling-ready” asylum applications will be referred to the Immigration and Refugee Board (IRB).
- Asylum claims must be filed while the claimant is physically present in Canada.
- Cases that are withdrawn or deemed abandoned will be removed from the system more swiftly, allowing greater focus on active files.
- Removal orders will take effect immediately upon claim withdrawal, expediting voluntary departures.
- Designated representatives will be assigned to vulnerable individuals to ensure procedural fairness.
These measures collectively aim to create a system that is more efficient, responsive, and fair, at least in theory. However, there would be some concerns.
New Ineligibility Rules: Addressing Abuse or Closing the Door?
One of the most consequential changes in Bill C-12 is the introduction of new ineligibility rules for asylum claims. Claims will be deemed ineligible for referral to the IRB under the following circumstances:
- If submitted more than one year after the claimant’s first arrival in Canada (with applicability starting from June 24, 2020).
- If made after 14 days by individuals entering Canada through irregular US border crossings.
While these rules are intended to discourage misuse of the asylum system and reduce administrative burden, they also risk penalizing individuals whose circumstances may have legitimately changed after entering Canada, such as students, workers, or temporary residents who initially arrived under non-protection-based visas.
Real-World Implication: Consider the case of individuals from conflict-ridden areas like Ukraine or Palestine who may have arrived in Canada for study or work prior to the escalation of hostilities in their home countries. Under the new framework, if they wait longer than a year or enter irregularly and delay claim submission beyond 14 days, they would no longer have access to the IRB process. Their only remaining option would be a Pre-Removal Risk Assessment (PRRA): a process that does not afford the same procedural rights or appeal mechanisms as an IRB hearing.
Emergency Powers: Suspension and Cancellation of Immigration Applications
Bill C-12 also grants the federal government new authorities to pause, cancel, or refuse to accept immigration applications and documents (e.g., visas, eTAs, study/work permits) in response to crises or public interest considerations. Such decisions must be issued via Order-in-Council and are not intended to affect existing immigration status—but they may impact future pathways.
While checks and balances are proposed (e.g., requiring Cabinet-level sign-off and public disclosure), the scope and discretionary nature of these powers remain significant. In emergency situations, there may be reduced transparency and limited recourse for applicants affected by these decisions.
Combatting Organized Crime, Drug Trafficking, and Illicit Finance
Another major thrust of Bill C-12 is equipping law enforcement to better respond to modern transnational threats. Provisions include:
- Accelerated control over chemical precursors used in synthetic drug production, such as fentanyl.
- Stronger anti-money laundering and terrorist financing measures, including higher financial penalties for non-compliance.
- New powers for FINTRAC to share supervisory information with other regulators and committees.
These steps reflect the government’s desire to harden Canada’s security framework in line with global best practices and to proactively tackle financial and narcotic-related crime.
Balancing Security and Fairness: A Cautious Optimism
While Bill C-12 rightly identifies key vulnerabilities in Canada’s immigration and security infrastructure, some of its solutions may appear blunt. The introduction of firm timelines, discretionary ineligibility criteria, and emergency powers must be weighed against principles of proportionality, humanitarian protection, and procedural fairness.
There is a genuine risk that the legislation may exclude certain groups whose needs or circumstances do not fit neatly into predefined categories—despite their eligibility for protection under international and Canadian law.
Bill C-12 represents one of the most comprehensive immigration and security bills in recent years. It aims to address a wide range of challenges, from asylum backlogs to border crime and financial misconduct. However, as with all structural reforms, implementation and oversight will be critical. The ultimate test of this bill’s success will lie in whether it can enhance security while maintaining Canada’s commitment to human rights, refugee protection, and due process.
If you have questions about how these proposed changes may affect your situation—especially if you are in Canada on temporary status or have delayed submitting your asylum claim, don’t hesitate to reach out. At SAAB Immigration, we specialize in clear, case-specific guidance rooted in current law and policy.
Contact our team today at +1 (877) 683-7222 (SAAB) or email us at hello@saabimmigration.ca for book a detailed consultation here.
Written by Dikshit Soni, RCIC – Principal Consultant, SAAB Immigration Services Inc. The views shared in this Op-Ed are based on years of frontline experience in Canadian immigration and refugee law.
