SECD – Bill C-12 Amendments Table – February 9, 2026
Amendments Adopted by the House of Commons
| Item # | Amendment | Description / Analysis |
|---|---|---|
| Part 6 – Immigration and Refugee Act (In-Canada Asylum System) | ||
| 1. | In Clause 39: 49 (3) The Minister must prepare a report in respect of each month of the year that sets out the number of removal orders that were enforced in that month, the number of removal orders that were not enforced in accordance with subsection (3) and the reasons for the delays. 49 (4) The report must also include countries of origin, age and gender breakdowns and criminal backgrounds of persons removed. 49 (5) The report must be tabled in each House of Parliament within 10 days after the last day of the month to which the report relates or, if a House is not then sitting, on any of the first 10 days on which that House is sitting after that day. |
This amendment introduces a monthly reporting requirement for the Minister of Public Safety in relation to removal orders issued under the IRPA. In addition to the requirement to report, the amendment details the information that must be included in a report and further requires the monthly reports to be tabled in Parliament. The CBSA will be able to provide monthly reporting but it should be noted that the monthly report tabled will not reflect all the removals enforced in the month due to time lags for the confirmation of certain types of departures. Given the frequency and additional factors to be produced there may be an increased possibility of identity being revealed. The normal mitigation to this of redacting small numbers may not be available as this amendment is written. Implementation of this amendment will need to take into account requirements under the Privacy Act. |
| 2. | In Clause 47: 104.1 (1) (a) in the case where the person has voluntarily returned to the country in respect of which they claimed refugee protection and the Refugee Protection Division has not yet made a decision in respect of the claim, must determine that the claim has been abandoned; and 104.1 (1) (b) in any other case, must not commence, or must suspend, consideration of the claim [if the person making a claim for refugee protection is not physically present in Canada]. 104.1 (2) (a) in the case where the person has made the appeal and has voluntarily returned to the country in respect of which they claimed refugee protection and the Refugee Appeal Division has not yet made a decision in respect of the appeal, must determine that the appeal has been abandoned; and 104.1(2) (b) in any other case, must not commence, or must suspend, consideration of the appeal, other than an appeal by the Minister [if a person making an appeal is not physically present in Canada]. |
This amendment requires the mandatory abandonment of refugee claim cases (applications and appeals) if a refugee claimant voluntarily travels back to the country against which they are claiming refugee protection before a decision on their case has been made. If the person subject to the proceeding is not physically present in Canada at the time of the proceeding or the claim is being considered, then the IRB must not commence or must suspend the proceeding or the consideration of the claim, and may consider the claim abandoned. |
| 3. | In Clause 55: 161(1) (a.11) the manner in which a claim that is determined to be ineligible under subsection 101(1) is to be dealt with |
This amendment creates an authority for the Chairperson of the IRB to make rules regarding how an ineligible refugee claim is treated. However, it should be noted that under the IRPA, claims which are ineligible to be referred to the IRB are not referred to the IRB. Once a claim is determined to be ineligible, it is effectively terminated and the removal order comes into force. There is no decision for the IRB to make in these cases as they are not under the purview of the Board. If a claim is initially determined to be eligible to be referred but information later comes to light and the claim is determined ineligible, s. 104(1) and (2) of IRPA already provides that an officer may give notice to the IRB that a claim is ineligible, which has the effect, by operational of law, of terminating pending proceedings before the IRB, depending on the ineligibility. It is therefore unclear what type of rules the IRB could make. |
| Part 7 – Immigration and Refugee Protection Act (Strengthening Document Control Authorities) | ||
| 5. | In Clause 67: 20.01 (3) For greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status. |
This intent of this amendment is to clarify that the ability of an officer to cancel, suspend or vary an immigration document under these authorities does not include the authority to grant permanent resident status. However, even without this provision, these authorities cannot be used to grant permanent resident status in Canada. Therefore, this amendment has no legal effect. |
| 6. | In Clause 72: 87.3001 For the purposes of subsections 87.301(1), 87.302(1) and 87.303(1) and (2), the making of an order is consistent with the public interest if its purpose is to address matters such as administrative errors, fraud, public health, public safety or national security. |
This amendment introduces a non-exhaustive list of situations that would meet the public interest test for the use of the Governor in Council mass authorities. The amendment limits the scope of the authorities to some extent. That said, while the proposed wording maintains some flexibility to encompass other scenarios not explicitly listed by including the term, “such as,” each use of these authorities will include a clear justification as to why the purpose of each action is consistent with the public interest. |
| 7. | In Clause 72: 87.302 (1.1) For greater certainty, the authority to vary under subsection (1) does not include the authority to grant permanent resident status or to grant or extend study permits or work permits. |
The intent of this amendment is to clarify that the authority granted to the Governor in Council cannot be used to grant permanent resident status or to grant or extend study permits or work permits. Even without this provision, these authorities cannot be used to grant permanent resident status in Canada, nor can they be used to grant work or study permits. Therefore, these parts of the amendment have no legal effect. However, the part of the amendment that restricts the extension of study and work permits does have legal effect and directly limits the scope of these authorities. With this change, the government would be unable to take facilitative measures to extend the length of work or study permits. This could have potential downstream impacts for clients and the department’s processing capacity during emergencies or other unpredictable, exceptional events. Potential scenarios where extension of permits may be appropriate include: during a global pandemic, where the Government may want to facilitate the extensions of certain temporary residents – particularly in health care-related fields – to support Canada’s response and recovery or to facilitate persons who are stranded in Canada, unable to return home, without the added burden of needing to process/triage new applications for temporary resident extension in Canada; during a natural disaster in Canada such as a major wildfire, where the Government may want to mass extend the validity of permits of workers and students who have lost everything to a fire; or as a response to an international crisis (i.e. war or strife in a region), where the Government may want to mass vary conditions on TR documents for those in Canada from the affected country to reduce risks associated with asylum claims while ensuring they can continue to support themselves while being here. |
| 8. | In Clause 72: 87.3031(1) If an order is made under subsection 87.301(1), 87.302(1) or 87.303(1) or (2), the Minister must cause to be tabled in each House of Parliament, within the next seven sitting days of the House after the day on which the order is made, a report setting out (a) the reasons that the order was made; (b) the number of applications or documents affected; and (c) a description of the persons or groups affected by the order. 87.3031 (2) The report stands referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the report. 87.3031 (3) At the request of the committee, the Minister must appear before it to explain the reasons for making the order and plans to prevent systemic fraud in the future. |
The amendment introduces a reporting requirement for the Minister of Citizenship, Immigration and Refugees to report to Parliament within seven sitting days on any use of the Governor in Council mass authorities. Depending on the unique circumstances of the use case, an additional reporting requirement in the midst of managing an emergency crisis or other emergency may present an added burden for the Department and its partners at a time when capacity may be compromised, which will be managed carefully as part of the implementation process. |
| Part 8 – Immigration and Refugee Protection Act (Ineligibility) | ||
| 4. | In Clause 73: 101(1.2) If a claim is determined to be ineligible under subsection 101(1), the officer shall terminate the processing of the claim. |
This amendment requires an IRCC officer to terminate the processing of a claim if it is determined to be ineligible to be referred to the IRB under subsection 101(1) of IRPA. |