OTTAWA – Canada’s Senate passed at third reading on March 12, 2026, an amended version of Bill C-12, sweeping legislation that would overhaul immigration powers, tighten asylum eligibility, and expand inter‑agency data sharing. Because senators approved changes, the bill must return to the House of Commons before it can proceed to Royal Assent.
The measure-formally titled “An Act respecting certain measures relating to the security of Canada’s borders and the integrity of the Canadian immigration system and respecting other related security measures”-marks a major step in Parliament toward the most significant immigration reforms in decades. It would operate alongside the existing Immigration and Refugee Protection Act, reshaping how executive power, refugee determination, and information‑sharing are exercised within that framework.
The bill groups its changes into three areas:
– Executive authority over immigration applications and documents.
– A reworked pathway for determining asylum eligibility.
– New rules for disclosing personal information outside the immigration department.
What the Senate approved
Under the bill, the Governor in Council would gain authority to vary, cancel, or suspend immigration documents, including work permits, study permits, and permanent resident visas. According to the text provided to senators, any use of these powers must be linked to what the bill defines as the public interest:
“administrative errors, fraud, public health, public safety or national security.”
Following any such order, the immigration minister would be required to justify the action to Parliament and provide details on those affected, adding a layer of political accountability for decisions that could affect large groups of foreign nationals or permanent residents.
For readers’ clarity, in Canadian federal practice the “Governor in Council” refers to the Governor General acting on the advice of the federal cabinet. In practical terms, orders are made by cabinet and carry the force of law, placing these new tools squarely within the executive branch rather than the front‑line visa system.
Changes to asylum eligibility and processing
Bill C-12 would introduce new ineligibility grounds for referring claims to the Immigration and Refugee Board (IRB). As outlined to the Senate, the following claims would be ineligible for IRB referral:
– Individuals who first entered Canada after June 24, 2020, and filed their claim more than one year after that first entry (described as post‑one‑year claimants).
– Individuals who entered from the Canada-U.S. land border outside a port of entry.
Key details senators considered include:
– Current Immigration and Refugee Protection Regulations allow claims from those who entered along the Canada-U.S. land border outside a port of entry, provided the claim is made at least 14 days after entry; the bill would change that framework and narrow access to the IRB for those arrivals.
– The two new ineligibility grounds would apply retroactively to June 3, 2025, the date the bill’s precursor (Bill C-2) was first introduced, a design choice that could affect claimants already in the system.
– Claimants found ineligible for IRB referral could still seek a pre‑removal risk assessment (PRRA), shifting protection decisions for these groups from the independent tribunal to departmental officials.
– Additional provisions would require abandonment findings when a claimant voluntarily returns to the country from which protection was sought, and would bar consideration of claims made from outside Canada, effectively reinforcing Canada’s long‑standing in‑country claim model.
Context: the IRB is Canada’s independent administrative tribunal responsible for making determinations on refugee protection and certain immigration appeals. A PRRA is a process available before removal in which officials assess potential risk if a person is returned to another country. The changes in Bill C‑12 would therefore recalibrate the balance between independent adjudication and executive‑branch risk assessment in how Canada processes certain asylum claims.
Data disclosures and carve‑outs
The bill would authorize the immigration department to disclose personal information to other government agencies and to government‑controlled corporations, which-subject to the immigration minister’s permission-could then share that information with foreign entities. The new regime is framed as a border‑security and program‑integrity tool, but it would widen the circle of institutions able to access and transmit immigration‑related data.
According to the Senate’s summary, information that could be disclosed includes:
– An individual’s identity.
– Status in Canada.
– Documents issued under the minister’s authority.
An amendment adopted on March 10, introduced by Senator Paulette Senior, would exclude Canadian citizens and permanent residents from these disclosure provisions. That carve‑out narrows the reach of the new powers to temporary residents and foreign nationals, while still leaving significant discretion to the minister over how and when information is shared domestically or across borders.
Oversight measures added by senators
Amendments proposed by Senator Tony Dean and adopted by the chamber would build in reporting and review requirements intended to give Parliament visibility into how the new rules are used in practice:
– Beginning five years after the Act comes into force, the immigration department must provide annual reports to Parliament on the number of claims received from ineligible post‑one‑year claimants and the number and outcomes of associated PRRAs.
– A Parliamentary committee must, five years after the Act takes effect, review its operation and impacts and submit a report to Parliament with findings and any recommended changes.
Together, these measures set up a delayed but recurring oversight mechanism, giving legislators data to assess whether the tighter eligibility rules and expanded executive powers are meeting stated objectives or require legislative adjustment.
Procedure: steps remaining before enactment
Because the Senate amended the bill before passing it, the legislative process now requires alignment between both chambers. Under Canada’s bicameral procedure:
– Identical text must pass third reading in the House of Commons and the Senate.
– Once both houses have approved the same text, the bill may receive Royal Assent.
As of March 12, 2026, the next formal step is for the House of Commons to consider and pass the Senate‑amended text at third reading before the bill can be presented for Royal Assent. Government House leaders must now decide whether to accept the Senate’s amendments-particularly on data‑sharing carve‑outs and oversight-or send the bill back to the upper chamber, a choice that will determine how quickly these immigration and border‑security reforms can enter into force.
