CBSA issues notes: Standing Committee National Security, Defence and Veterans Affairs: Bill C-12 – Strengthening Canada's Immigration System and Borders Act (February 9, 2026)

1. What will the new authorities authorize the Governor in Council (GIC) to do?

The legislation will authorize the Governor in Council (GIC) to make an order that certain immigration applications are not to be accepted for processing, or the processing be suspended or terminated, or that certain documents be cancelled, suspended or varied, or have conditions imposed, when the GIC is of the opinion that it is in the public interest to do so. This legislation has been amended by the House of Commons Standing Committee on Public Safety and National Security to state that an order is consistent with public interest if its purpose is to address matters such as administrative errors, fraud, public health, public safety or national security.

However, the status of the Bill is that it is at second reading in the Senate, so the changes are not yet in force and full consideration by the Senate has not yet occurred.

2. Will there be any concern regarding loss of status for those affected by the order?

If an order resulted in loss of temporary status for individuals in Canada, this could potentially lead to a large amount of suddenly inadmissible individuals being in Canada (due to non-compliance with the IRPA). The policy intent is for all in Canada inadmissibility to continue to be required to follow IRCC and CBSA existing processes and legislative provisions, including but not limited to the inadmissibility report process, Minister's Delegate review, and Immigration Division hearing as is the case prior to these amendments coming into force. The current draft legislation addresses these concerns.

For the cancellation of visas, cancelling a visa has no impact on status inside Canada, as a visa is a document that permits travel to Canada. However, if cancelled, should the foreign national leave Canada, they would not be authorized to travel to and re-enter Canada until a new document had been issued. Both the Minister of Citizenship and Immigration and the Minister of Public Safety and Emergency Preparedness must concur to bring forward the recommendation for an order to the Governor in Council.

3. What does the public interest mean? How will the Government use these authorities?

Bill C-12 has been amended by the House of Commons Standing Committee on Public Safety and National Security to state that an order is consistent with public interest if its purpose is to address matters such as administrative errors, fraud, public health, public safety or national security. However, the status of the Bill is that it is at second reading in the Senate, so the changes are not yet in force and full consideration by the Senate has not yet occurred.

However, a use-case example might include a pandemic, where the Government may want to suspend visas for clients abroad to pause travel to Canada, and protect Canadian public health. The suspension may then be lifted, for example after the risk subsides, or after clients provide evidence of a vaccine or health test.

Other use case examples might include being able to quickly facilitate the extensions or stay for temporary residents in Canada following a significant natural disaster or when intelligence is received from security partners that there is a suspected specific threat of foreign interference, electoral interference or espionage.

4. Will you use these powers to mass cancel asylum claims?

Claims for refugee protection before the Immigration and Refugee Board (IRB) are not applications for documents and thus are not within the scope for these authorities. Further, all existing processes and protections relating to the removal of foreign nationals from Canada remain unchanged, including for refugee claimants.

5. Could these authorities be used to ban travel by certain nationalities?

These powers are not being proposed with a specific group of people or situation in mind.

6. Bill C-12, which deals with the authority to cancel, suspend and vary a visa or other immigration document, was amended after a motion of the CPC that stipulated that said authority does not include granting permanent resident status or to grant or extend study permits and work permits. What are the implications of this amendment?

Originally, these authorities could not be used to change the status of a person in Canada. They cannot be used to grant, change or take away status of a permanent or temporary resident in Canada. Accordingly, the conversion of temporary resident status to permanent resident status was not permissible under the original clause. Therefore, the amendment simply confirms that it cannot be used to grant permanent status.

7. Bill C-12 was amended to require that to if an order is made under the mass authorities, the Minister must table a report in each House of the Parliament. What are the implications of this amendment?

Given that these authorities are designed to be used in exceptional circumstances when needed to protect the public interest, the requirement for a parliamentary report within seven sitting days may be done when concurrently managing an emergency/issue of significant concern. The goal of the amendment was to provide additional information to Parliamentarians on the need for use of the exceptional authorities.