New Bill C-12: discover the 4 points that will impact immigration wait time

Have you ever filed an application for immigration to Canada? The process is late, isn't it? Well, adding to this uncomfortable feeling of waiting for long periods of processing, with times that can last months or even years, is now a new bill that could soon complicate the waiting game even more.

So that this does not come as a surprise, it is necessary to know what this project means in immigration. That's why today we will address 4 important points to win the game of excessive waiting in your process. Read with me to the end and understand how these changes may affect future applicants and those who already have valid visas.

Proposed Bill C-12

The bill, with the short title Strengthening Canada's Immigration System and Borders Act (Bill C-12), and the formal title An Act respecting certain measures relating to the security of Canada's borders and the integrity of Canada's immigration system and other related security measures, proposes to grant sweeping and high-impact new powers to the Canadian government. 

The 4 key points you should know

1. The government may soon have the power to cancel your valid visa or permanent resident card.

Bill C-12 would grant the federal cabinet, through a mechanism known as the Governor in Council, broad authority to cancel not only pending applications, but also valid documents already issued.

Part 7 of the bill amends the Immigration and Refugee Protection Act (IRPA) to introduce so-called "Orders issued in the public interest." Specifically, proposed new section 87.302 would authorize the Governor in Council to "make an order to cancel, suspend, or modify certain documents issued under such Act.... when he or she deems it to be in the public interest to do so."

This power of attorney could apply to a wide range of documents, including permanent resident cards, work permits, study permits and temporary resident visas.

This challenges the fundamental idea that a government-issued document is secure as long as its holder complies with the conditions. The "public interest" clause , vague and without clear definition, introduces a degree of uncertainty even for those who already hold a valid status.

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2. This power could be used to eliminate backlogs of applications accumulated over decades

To understand the motivation behind these new powers, one must look at the context: the Canadian immigration system faces enormous backlogs. Some programs have almost unimaginable processing times.

For example, the Humanitarian and Compassionate Category inventory has an estimated processing time of 50 years. Other categories, such as Self-Employed Entrepreneurs and Start-Up Business, also experience long delays.

Many observers believe that the government is seeking, through Bill C-12, the legal ability to eliminate these backlogs by cancelling old applications en masse. Faced with the choice of increasing quotas, accepting waits of several decades, or canceling applications, the government appears to be creating the legislative path for the third option.

And it would not be unreasonable to think that he could opt for that route.

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3. A policy of "mass approvals" in 2023 paved the way for possible "mass cancellations".

This is not the first time the government has used extraordinary measures to manage its inventory of applications. In February 2023, then Immigration Minister Sean Fraser used his authority under section 25.2 of IRPA to issue a temporary public policy that allowed for "block approval" of a large number of visitor visa applications filed before January 16, 2023.

The stated objective was to clear the backlog generated during the pandemic, "position Canada to maximize the benefits of the movement of tourists, business and family visitors" and ensure "international competitiveness".

At the time, several analysts noted that the immigration department would have preferred to simply cancel pending applications. Bill C-12 now seeks to codify an even more extreme version of that authority, making it a permanent rather than a temporary tool.

This suggests a pattern: just as in 2023 a massive approval was justified on economic grounds, in the future a massive cancellation could be justified on the same "public interest" or "administrative efficiency" argument.

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4. New powers do not include clear safeguards

One of the main criticisms of Bill C-12 is the lack of checks and balances on these new powers. The required legal standard - that the Governor in Council "deems it to be in the public interest to do so" - is broad and undefined, granting significant discretionary power to the cabinet without clear limits or oversight mechanisms.

As Conservative MP Michelle Rempel Garner noted during a committee meeting:

"...there are no safeguards."

This creates great uncertainty. When asked directly whether the government planned to use these powers to cancel applications in the backlogged categories, the minister responded that this was not the plan and assured that asylum applications would not be cancelled. However, further analysis concluded, "It is difficult to interpret her response with certainty."

Even if the current government does not plan to use these powers widely, the fact that they become law would allow future governments to apply them differently, leaving visa applicants and holders in a precarious position.

Are we entering a new era of immigration uncertainty?

Bill C-12 represents a potentially significant change in Canadian immigration law. It proposes to give the government unprecedented authority to manage its inventory of applications and cancel documents with minimal oversight under the ambiguous concept of "public interest".

For applicants and current visa holders, this could mark a shift from a system based on rules and predictable timelines to one where administrative priorities override individual rights.

As Canada seeks to modernize its immigration system, Bill C-12 raises a crucial question:

"Should Canada give the government the power to cancel visas and immigration permits on an exceptional basis to expedite paperwork, and, if so, how to ensure that it is not used unfairly or arbitrarily?"

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Protecting status with a plan for the future in Canada

At Immiland Law Professional Corporation, we know what this change represents for the thousands of Latino applicants who are waiting for an answer after long months, that is why we encourage them to follow up on their paperwork with professionals who can help them apply legal strategies consistent with their respective document or procedure.

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If you have or have had an affected immigration application in the past, or if you are looking for a plan to obtain permanent residency in Canada, contact an experienced professional. 

Our team of consultants and lawyers is authorized by the Canadian government to help you:

• Review whether your case could be affected by the provisions of Bill C-12.
• Evaluate your options to protect your current status or reactivate previous applications.
• Design a customized strategy to move towards permanent residency under current programs.

Legislation may change, but what should remain fixed is your immigration plan. With the right strategy and professional advice, this Canadian dream is possible.

Visit our website and discover the complete services we offer for immigrants in Canada. 

Contact us to briefly explain your case and schedule an appointment.

Thank you for reading. We look forward to seeing you in the next blog.

With love, 

Immiland Law Professional Corporation

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