Canada's new bill will provide discretionary control over visa processing, temporary residence status


Canada may soon introduce a new bill that would give the government the power to unilaterally stop the approval of new visa applications or even terminate those already in the queue.

This will give the government unprecedented discretionary control over the visa process and the status of temporary residents.

Bill C-12, formally known as the Strengthening the Canadian Immigration System and Border Act, is almost the final step in the parliamentary process and could fundamentally change the landscape for hundreds of thousands of potential newcomers.

The scope of the law is vast, covering permanent resident visas, work and study permits and electronic travel authorization (eTA).

Also read: Deportations of asylum seekers in Canada reach highest level in decade

wide discretionary powers
Apart from simply stopping the applications, the bill allows the government to “amend and alter” the conditions imposed on temporary residents, including students and workers.

These changes can be used to enforce compliance with rules outside of the traditional Immigration and Refugee Protection Act (IRPA).

Critics have expressed concerns regarding the breadth of these powers. However, supporters argue that the bill includes necessary controls to prevent executive overreach.

Addressing the House during the third reading of the Bill, a government official noted the need for the measures:

Also read: Canada unveils Express Entry for doctors, academics, healthcare workers

“This legislation is about agility. To maintain a system that works for Canadians and newcomers alike, the government needs the tools to respond rapidly to emerging challenges, while also ensuring that the integrity of our borders is not compromised.”

To reduce fears of arbitrary decision-making, the Bill specifies that these powers can only be invoked if it is deemed to be in the “public interest”.

Following a series of amendments, the law now defines this interest as situations involving administrative errors or widespread fraud, public health crises and threats to public safety or national security.

If the Immigration Minister exercises these powers, he or she will be legally required to present a report to Parliament detailing the reasoning behind the order and the specific number of individuals affected.

Impact on newcomers and refugees
For those already in the system, it has received a mixed response.

Although the government cannot use these powers to grant permanent residence or extend existing permits, the crackdown on fraud is seen as a positive for legitimate applicants.

The bill also signals a tougher stance on the asylum system, giving authorities the power to declare asylum claims abandoned or withdrawn in specific circumstances.

Bill C-12 has successfully cleared the House of Commons and passed its first reading in the Senate. As the Canadian Parliament prepares to reconvene in February 2026, all eyes will be on the Upper House.

Ngozi Ekugo

Ngozi Ekugo is a senior correspondent at Business Day. She has an MSc in Management from the University of Hertfordshire, and is an Associate Member of the CIPM. His career has spanned many industries, including a brief stint at Goldman Sachs in London.

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