Update on Bill C-12: Immigration Measures Advance Without Amendments, Introducing Key Restrictions on Asylum Claims

As immigration lawyers dedicated to helping clients navigate Canada’s complex immigration system, we at Stewart Sharma Harsanyi are closely monitoring developments in federal legislation that could impact asylum seekers and other immigrants. On February 23, 2026, The Canadian Press reported that the Senate’s national security committee has approved the immigration provisions in Bill C-12, the government’s border security bill, without any amendments. This decision comes despite strong recommendations from the Senate’s social affairs committee to remove these measures entirely due to concerns over human rights and procedural fairness.

Bill C-12 proposes significant amendments to the Immigration and Refugee Protection Act (IRPA), focusing on asylum system management, information-sharing, and new governmental powers. While the bill aims to address perceived misuse of the asylum process, critics—including the Canadian Bar Association and Amnesty International—have highlighted risks to vulnerable groups, such as children, survivors of domestic violence, and members of the LGBTQ+ community.

Key Provisions in Bill C-12

Here are the most notable immigration-related changes:

One-Year Limit on Asylum Claims: One of the most contentious elements is a retroactive rule barring individuals from filing refugee claims with the Immigration and Refugee Board (IRB) if they first arrived in Canada more than 12 months prior. This provision dates back to June 24, 2020. According to Immigration Minister Lena Diab, this could disallow approximately 37% of asylum claims filed between June 3 and October 31, 2025—impacting around 19,000 of 50,000 applications. The government argues this will disincentivize system abuse, especially amid a one-third drop in claims from 2024 to 2025. However, witnesses have warned that it could create a “two-tier” asylum system, potentially excluding those who face persecution later in life (e.g., due to coming out as LGBTQ+ or fleeing conflict/domestic violence). Alternatives like pre-removal risk assessments are available, but they may lack in-person hearings and full procedural safeguards.

Expanded Powers to Modify or Cancel Immigration Documents: The bill grants cabinet new authority to alter or revoke existing immigration documents—such as permanent residency cards—or pending applications in the “public interest.” This broad definition includes fraud, administrative errors, national security, public safety, and public health. Any use of these powers must be published in the Canada Gazette with details on affected groups, reasons, and timelines. Proposed amendments to narrow this to “administrative errors” only or add more parliamentary oversight were rejected.

Other Measures: The legislation enhances information-sharing between agencies and aims to streamline asylum processing, with bipartisan support noted from MPs and figures like B.C. Premier David Eby.

Rejected Amendments and Ongoing Concerns

During committee reviews, several amendments were proposed but ultimately defeated:

Extending the asylum ineligibility period to three or five years from the most recent arrival.

Creating exemptions for minors who arrived with parents.

Limiting the “public interest” powers and increasing oversight.

These rejections underscore the government’s push for swift reform, but they also amplify fears of disproportionate impacts on marginalized individuals. As Public Safety Minister Gary Anandasangaree and Minister Diab emphasized in a letter to the committee, the bill enjoys broad political backing and includes safety nets like risk assessments.

What This Means for Asylum Seekers and Immigrants

If passed as is, Bill C-12 could reshape how asylum claims are handled, emphasizing timely filings upon arrival. For those who have been in Canada longer than a year without claiming protection, options may be limited to alternative processes, which could be less robust. We recommend that potential claimants act promptly and consult with legal experts to assess eligibility under the new rules.The bill faces a second reading vote deadline of February 26, 2026, so further updates are expected soon. If you’re concerned about how these changes might affect your status or application, our team at Stewart Sharma Harsanyi is here to provide personalized guidance. Contact us today to discuss your options under IRPA and stay ahead of these evolving policies.

This post is for informational purposes only and does not constitute legal advice. Immigration laws are subject to change, and individual circumstances vary.

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