Bill C-12 Reforms: Immigration Lawyers Call for Major Changes to Canada’s New Border Law

Canada’s immigration system is once again under public discussion after the Canadian Immigration Lawyers Association (CILA) proposed significant amendments to Bill C-12 Canada, officially known as the Strengthening Canada’s Immigration System and Borders Act. The organization argues that while the legislation was introduced to strengthen border security and improve immigration management, several provisions could unintentionally create legal uncertainty for vulnerable asylum seekers and increase pressure on Canada’s immigration system.

The recommendations come shortly after the legislation became law and focus on ensuring that Canada’s immigration framework remains efficient while continuing to protect procedural fairness and the rights of people seeking protection.

As Parliament moves toward implementing various provisions of the legislation, immigration lawyers are encouraging policymakers to consider targeted changes that they believe would improve transparency, accountability, and long-term system effectiveness.

Why Bill C-12 Has Become a Topic of Debate

Bill C-12 introduced one of the most significant updates to Canada’s immigration and asylum system in recent years.

The legislation includes measures intended to:

• Modernize asylum processing
• Improve border management
• Strengthen document verification
• Reduce system abuse
• Speed up immigration decision-making

Supporters argue these reforms will help Canada process applications more efficiently while maintaining border integrity.

However, several immigration law experts believe some provisions require additional clarification before they are fully implemented.

Rather than opposing the objective of stronger border management, CILA says certain legal safeguards should be strengthened to maintain fairness within Canada’s immigration system.

Four Changes Immigration Lawyers Want Parliament to Consider

Instead of requesting a complete rewrite of the legislation, CILA has proposed four targeted reforms.

1. Clearly Define “Public Interest”

One of the most discussed provisions gives the federal government authority to cancel certain immigration documents when it is considered to be in the “public interest.”

Lawyers argue that the legislation does not clearly define what qualifies as public interest.

They recommend creating specific legal criteria covering situations such as:

• National security concerns
• Fraud
• Public safety
• Public health emergencies

A clearer definition could improve transparency and provide greater certainty for applicants.

2. Restore Refugee Protection Hearings

Another concern involves asylum claimants who may no longer automatically receive a hearing before the Refugee Protection Division under certain circumstances.

CILA recommends restoring access to oral hearings wherever appropriate.

According to the association, hearings allow decision-makers to better assess individual circumstances, particularly for vulnerable applicants whose situations may not be fully reflected through written documentation alone.

3. Create an Appeal Process for PRRA Decisions

Individuals directed to a Pre-Removal Risk Assessment (PRRA) currently have limited review options.

Lawyers recommend introducing an internal appeal mechanism before cases proceed to Federal Court.

According to the proposal, this could:

• Reduce court backlogs
• Resolve cases more quickly
• Improve consistency in decision-making
• Lower legal costs for applicants and the government

4. Pause the Retroactive One-Year Rule

One provision applies new eligibility rules to some individuals who entered Canada after June 2020.

CILA believes Parliament should reconsider the retroactive application of this measure while reviewing its broader impacts.

The association argues that transitional measures could help prevent uncertainty for applicants already present in Canada before the legislation came into force.

Why These Recommendations Matter

Immigration legislation affects multiple groups, including:

• Refugee claimants
• International students
• Temporary foreign workers
• Permanent residence applicants
• Employers
• Immigration professionals

Even relatively small regulatory changes can influence application procedures, processing timelines, and legal rights.

For this reason, organizations representing immigration lawyers often provide feedback after new legislation is enacted to help identify areas that could benefit from additional clarification.

How Could These Changes Affect Canada’s Immigration System?

If lawmakers adopt some of CILA’s recommendations, potential outcomes could include:

• More transparent immigration decisions
• Better-defined legal standards
• Stronger procedural fairness
• Reduced judicial workload
• Greater confidence in the asylum process

At the same time, the government continues to emphasize that protecting Canada’s borders and maintaining an efficient immigration system remain key priorities.

Future regulatory guidance and implementation policies will determine how many of these recommendations are ultimately reflected in practice.

What Happens Next?

Bill C-12 has already received Royal Assent, meaning the legislation is now law.

However, immigration regulations often continue evolving after legislation is passed.

Future implementation guidance, operational instructions, and possible regulatory amendments may further shape how the new rules are applied.

Immigration stakeholders, legal organizations, refugee advocates, and policymakers are expected to continue monitoring the impact of the legislation over the coming months.

What This Means for Immigration Applicants

Individuals planning to apply for asylum or other immigration programs should remember that the current law remains in effect.

Anyone affected by recent legislative changes should rely on official government guidance and seek qualified legal advice before making important immigration decisions.

As Canada continues modernizing its immigration system, balancing efficiency, fairness, and security will remain central to future policy discussions.

The debate surrounding Bill C-12 Canada reflects the ongoing challenge of maintaining secure borders while preserving a fair and transparent immigration system.

The Canadian Immigration Lawyers Association is not calling for the legislation to be abandoned but instead recommends targeted amendments that it believes would strengthen legal certainty and improve procedural fairness.

Whether Parliament adopts these recommendations remains to be seen. What is clear is that Canada’s immigration system continues to evolve, and applicants, employers, and immigration professionals should stay informed about future policy developments.