Question Period Note: C-12 – The Strengthening Canada’s Immigration System and Borders Act

On March 26, 2026, the Strengthening Canada’s Immigration System and Borders Act (Bill C-12) received Royal Assent, strengthening Canada’s immigration and asylum systems in 4 key areas: new eligibility requirements for asylum claims; a modernized asylum process; domestic information sharing; and new immigration document and application authorities.

• Four key immigration and asylum measures are now in place to help make Canada’s immigration and asylum systems more efficient, sustainable and well managed.

• This Act will improve asylum claim processing and introduces two new ineligibility rules to protect the asylum system against sudden increases in claims.

• These changes will help keep the system fair, better equipped to manage potential surges, and focused on providing protection to those who need it.

• In addition, it introduces new tools to manage immigration documents and related applications and improves how IRCC shares information domestically.

If pressed on letters:
• New asylum eligibility rules are now in effect, and IRCC is applying them to the claims they cover. Claimants receive different letters depending on the stage of their file.

• These measures will protect against surges in asylum claims, helping to make the system more sustainable and well-managed. Faster processing and more timely decisions will reduce uncertainty for claimants and improve Canada’s ability to provide protection to those who need it.

• People whose claims are found ineligible will, in most cases, have access to a pre removal risk assessment. This process ensures that no one is removed to a country where they could face serious harm.

• On March 26, 2026, Bill C-12, Strengthening Canada’s Immigration System and Borders Act received Royal Assent. IRCC had four legislative proposals as part of this Bill:
i. domestic information sharing (Part 5);
ii. asylum reform legislation (Part 6)
iii. strengthening control over immigration documents (Part 7); and
iv. new asylum ineligibilities (Part 8).

Strengthening asylum integrity
• Bill C-12 (Strengthening Canada’s Immigration System and Borders Act) will improve and modernize the In-Canada Asylum System by making it easier for claimants to navigate.
• Over the coming months, Canada will improve how asylum claims are received, processed and decided on by updating the Immigration and Refugee Protection Regulations.
• Single online application: This initiative simplifies the online application process and standardizes it whether a claimant applies at a port of entry or at an in-land IRCC office, ensuring a more accessible system for all.
• These legislative changes will provide the Minister with clear authorities to specify the information and documents required when an asylum claim is initiated, including requiring that the information be submitted to the Minister online.
• These changes will ensure that claimants are subject to the same requirements whether they made their claim inland or at a port of entry. As a result, all claimants will have provided the same information, making it easier to process their claims.
• Minister’s due diligence (MDD): These legislative amendments will increase program integrity and reduce delays at the Refugee Protection Division of the Immigration and Refugee Board of Canada (IRB) by allowing the Minister (IRCC and Public Safety) to analyze and review claims and prepare ‘schedule ready’ files prior to referral of claims to the Refugee Protection Division for determination.
• Abandonment: These legislative amendments will ensure the Refugee Protection Division (RPD) has authority to determine that a claim is abandoned when a claimant fails to comply with certain requirements related to their refugee protection application prior to the claim being referred to the RPD (in addition to their existing authority to abandon claims after referral). Abandonment of a claim has serious consequences, it is a ground of ineligibility of a future claim. As a result, the decision to abandon a claim is with the IRB.
• Designated representatives: This legislative proposal will clarify that the Ministers of IRCC and Public Safety have the authority to appoint and remunerate a representative for persons who are unable to appreciate the nature of proceedings, including minors.
• Simplified refugee claim decisions: This legislative amendment will provide clear statutory authority for the IRB Chairperson to require members to render reasons for decisions in a specified format. This codifies the Chairperson’s authorities in legislation and allows the IRB to have stronger oversight of their members’ decision making. This is intended to help simplify the decision-making process for IRB members.
• Claim adjudication only in Canada: This legislative change will clarify that in-Canada asylum claims may only be adjudicated by the IRB while the claimant is physically present in Canada. Similarly, legislative amendments will clarify that admissibility hearings may only be held while persons are in Canada.
New Asylum Ineligibilities
• In order to counter sudden increases in claims, two ineligibility provisions have come into force (applicable to claims made after Tuesday, June 3, 2025):
o Asylum claims made more than one year after arriving in Canada after June 24, 2020, will not be eligible to be referred to the IRB. This will apply to anyone, including students and temporary residents, regardless of whether they left the country and returned.
o Asylum claims made more than 14 days after entering Canada from the US along the land border between official ports of entry will not be eligible to be referred to the IRB.
• The ineligibility provisions are not a ban on claiming asylum, but will prevent these claims from being referred to the Refugee Protection Division of the IRB. This will help avoid bottlenecks and allow the IRB to continue to address new claims as well as the significant inventory of pending claims.
• Affected individuals may still apply for a pre-removal risk assessment (PRRA) to ensure they are not returned to a country where they could face harm.
• The PRRA process will still take into account each claimant’s situation and may still result in refugee protection being granted. The PRRA process prevents people from being sent back to a country where they face risks like persecution, torture or other harm. When a person applies for a PRRA within the regulatory timelines, they benefit from a stay of removal until a decision is rendered on their application.

I. Improving Domestic Information Sharing
• Bill C-12 strengthens border security and immigration by putting in place clear legal authorities to improve how client information is shared within IRCC and with domestic partners (federal, provincial, and territorial governments).

• The legislative changes to both the Immigration and Refugee Protection Act (IRPA) and the Department of Citizenship and Immigration Act (DCIA):
o allow IRCC to share specific pieces of client information—namely identity, status and IRCC-issued documents—with federal, provincial and territorial government partners through written information-sharing agreements
o make it easier for IRCC to share client information between its own programs (for example, using permanent residence application data to process citizenship applications)
o allow for regulations to be developed to share client information across federal departments and agencies for the purpose of co-operation.

• Previously, IRCC relied on existing laws to share information. The process was slow and resource heavy, often requiring a case by case assessment to authorize the disclosure. Even then, disclosures were limited, including between IRCC’s own business lines, creating risks to program integrity and security.

• The new authorities close long-standing legislative gaps and modernize how IRCC uses and shares the information it already collects, with greater transparency on how it is handled. They reduce red tape, support innovation and strengthen program integrity—both within IRCC and between our partners—while maintaining strong privacy protections, like written agreements and strict limits on onward sharing.

• IRCC has strong privacy and security policies in place in order to comply with the Privacy Act and the Canadian Charter of Rights and Freedoms. The new authorities have built-in safeguards to protect applicants’ privacy and Charter rights. These include mandatory written information-sharing agreements or arrangements that define purpose, and limit use and onward disclosure.

• Information can only be shared with federal, provincial or territorial partners that are legally allowed to collect that information for specific purposes, and that have clear, written agreements or arrangements in place. Provinces and territories cannot share this information with other countries unless IRCC gives written permission and the disclosure complies with Canada’s international obligations regarding mistreatment.

• These authorities do not give new enforcement powers or change who can receive services. Provinces and territories still decide who qualifies for their services and benefits, and continue to manage their own programs. These changes will improve coordination across systems and strengthen integrity. When a person’s situation changes, getting timely information from IRCC will help service providers make sure the person receives the benefits they qualify for and avoids gaps or delays in receiving support.

• IRCC follows existing privacy laws, policies and best practices, including completing a privacy impact assessment (PIA) for any new use of personal information. PIAs spell out what can be shared and why, and set limits so staff only access what they need for their work. This means sensitive or unrelated information—like refugee status, medical results or youth records—remains off limits where appropriate.

• There are no set dates for when IRCC will update or develop new ISAs or regulations under the new authorities. Negotiations can take several months, depending on complexity and the capacity of both parties to complete the work. We cannot comment further on future plans or policies.

iii. Strengthening Control Over Immigration Documents
• New authorities related to immigration documents and applications strengthen the immigration system and reinforce Canada’s commitment to a stronger Canadian border to protect Canadians.

• These authorities include measures that will allow the Government to manage immigration documents and applications on a large scale when needed in response to large-scale emergencies, safety and security threats, or other scenarios that could undermine the integrity and orderly management of migration and the security of its border.

• Specifically, the Governor in Council has authority to make two types of orders when determined to be in the public interest:
o (1) orders managing application intake, and suspension and cancellation of groups of immigration applications, and
o (2) orders relating to the cancellation, suspension and variance of any number of active immigration documents.
• These authorities can only be used when determined to be in the pubic interest, including for matters such as administrative errors, fraud, public health, public safety or national security.

• The use of these authorities is limited to intervention on immigration documents and applications for those documents; they cannot be used to block access to the asylum system or take away a person’s status in Canada. Any proposed use of these authorities will carefully consider the impacts against the need to protect the public interest, including impacts on vulnerable populations, persons in Canada, international relations and stakeholders, as well as any relevant considerations.

• Important amendments were adopted by Parliament that strengthen the transparency and accountability of the document control authorities. Notably, the Bill now includes a reporting requirement for the Minister of Immigration, Refugees and Citizenship to report to Parliament within seven days of an Order being issued, a five-year Parliamentary review clause to assess the impacts of the authorities and whether changes are required; and, that the Minister of IRC table a comprehensive report in both Houses of Parliament detailing the implementation and operational impacts of Bill C-12 after five years.

• With the passing of Bill C-12, IRCC has also secured authorities to bring forward future regulations to detail circumstances in which individual immigration documents may be cancelled, varied, or suspended; and where immigration applications may be individually cancelled.

• With an evolving migration and risk landscape, these legislative changes strengthen the immigration system and Canada’s borders by ensuring that holders of immigration documents who are outside Canada continue to meet the requirements related to the document that they hold.

• These new authorities complement recently approved regulations that came into force in January 2025, which clarified when an officer may cancel a temporary resident visa (TRV), electronic travel authorization (eTA), work permit or study permit, on a case by case basis, strengthening the consistency and overall integrity of the cancellation process.

• The new asylum ineligibility rules and some of the asylum reform measures came into force upon Royal Assent, while the remaining asylum reform measures will come into force through an Order in Council (OIC).

• The OIC will be timed to coincide with amendments to the Immigration and Refugee Protection Regulations, which are intended to operationalize the asylum provisions in Bill C-12.

If pressed on procedural fairness letters:
• Now that Bill C-12 has become law, IRCC is sending procedural fairness letters to all individuals who may be impacted by the new asylum eligibility rules.
• It is important to note that these are not deportation letters. They are a standard step to give applicants an opportunity to provide additional information before a decision is made.
• Receiving a letter does not mean someone will be immediately removed from Canada. They are being sent broadly to individuals who may be impacted to support fair, case-by-case decision-making.
• IRCC will then notify anyone whose claim is reassessed as ineligible and will provide them with information about their next steps.

If pressed on PRRAs or deferrals and suspensions of removals:
• If someone’s asylum claim is ultimately found ineligible, safeguards remain firmly in place.
• Individuals whose claims are not referred to the IRB continue to have access to a pre-removal risk assessment (PRRA) and will be notified of this option by the CBSA as part of their removal interview.
• An administrative deferral of removal (ADR) or a temporary suspension of removal (TSR) does not prevent IRCC from processing asylum claims and reviewing them for eligibility. An ADR or TSR pauses removals, but they do not stop the initial assessment of an individual’s eligibility to have their claim referred to the IRB.