Bill C-12: A Major Shift in Canada’s Immigration Law — A Caution for Applicants in Long-Processing Streams

1. Introduction & Key Takeaways

• Bill C-12 would give Cabinet broad powers to suspend or halt immigration application intake and processing in the name of “public interest.”

• Programs with very long processing times — such as the Start-Up Visa (SUV) and Humanitarian & Compassionate (H&C) classes — are especially at risk of suspension or further delay.

• Start-Up Visa applicants are backed by designated Canadian organizations; while they have not yet waited 10 years, current processing times are now projected to exceed a decade.

• H&C applicants, many with deep ties to Canada, could face suspended or terminated files, undermining access to one of the few discretionary relief pathways.

• Critics warn that the undefined “public interest” standard leaves decisions unaccountable, potentially jeopardizing fairness, predictability, and Canada’s humanitarian commitments.

2. Expansive New Powers Under Bill C-12

At the heart of Bill C-12 are amendments to the Immigration and Refugee Protection Act (IRPA) that would authorize Cabinet to:- Stop accepting certain applications altogether;- Suspend or terminate applications already submitted;- Cancel or vary existing immigration documents and authorizations.The legal trigger is the vague concept of “public interest,” left undefined in the legislation. This ambiguity grants government extraordinary discretion to pause or stop processing for virtually any reason.

3. Government’s Rationale: “System Integrity”

The government argues these powers are necessary to keep the immigration system responsive and credible, especially in situations such as:- Sudden surges in asylum or humanitarian claims;- Capacity or resource constraints within IRCC;- Emerging national security or public safety threats;- Strategic backlog management.From this perspective, suspending or redirecting intake is framed as a pragmatic response to evolving realities.

4. Impact on the Start-Up Visa Program

The Start-Up Visa (SUV) program — a pathway for entrepreneurs backed by designated Canadian organizations (venture capital funds, angel investors, or business incubators) — faces unprecedented delays, now projected to exceed 10 years.Under Bill C-12, SUV applicants could face:- Suspension of Intake: New applications could be halted indefinitely in the name of public interest.- Processing Pauses: Pending files could be frozen mid-stream, compounding delays.- Policy-Driven Deprioritization: Government may shift resources elsewhere, leaving SUV files languishing.IRCC’s September 2025 Transition Binder projects processing times of up to 420 months (35 years) under current conditions. This stark admission signals systemic dysfunction and suggests that “delayed processing” may become “no processing” if Cabinet suspends intake or halts adjudication.

5. Impact on Humanitarian & Compassionate (H&C) Applications

The H&C stream, a discretionary pathway for individuals with compelling ties to Canada, is also under strain — with processing times now projected to exceed 10 years.Bill C-12 could exacerbate this by enabling:- Suspension of New Applications: Intake could be halted for unspecified periods.- Termination of Processing: Pending applications could be cancelled outright.- Erosion of Fairness: Undefined “public interest” criteria allow decisions without transparent standards or accountability.IRCC’s internal documents acknowledge that H&C processing times could reach 600 months (50 years) under current realities. For many with Canadian-born children, employment history, and community integration, this could mean decades in legal limbo — or permanent loss of a pathway.

6. Legal and Policy Concerns

Bill C-12’s broad powers raise significant legal and policy issues:- Lack of Limits: “Public interest” is undefined, giving government wide latitude.- Vested Rights Impact: Applicants who invested time and resources could see applications suspended without remedy.- Access to Justice: Judicial review or mandamus mechanisms are unclear or absent.- Human Rights Risks: Canada’s Charter and international obligations could be compromised.

7. A Fundamental Shift in Canadian Immigration Policy

Bill C-12 is not a routine modernization effort. It marks a paradigm shift in how Canada controls immigration flows — expanding executive power at the expense of predictability and applicant rights.For programs like SUV and H&C, the Bill transforms the risk landscape: long delays could evolve into indefinite suspension or outright cessation. 

8. Final Thoughts

While efficiency and security are valid goals, they must be balanced against fairness, transparency, and Canada’s humanitarian commitments. Bill C-12 tilts that balance toward unchecked executive discretion.The government’s own documents — projecting 420-month SUV and 600-month H&C processing times — underscore the scale of dysfunction. Against this backdrop, the Bill’s powers risk entrenching systemic paralysis rather than solving it, allowing the government to freeze or abandon processing with minimal accountability.

Applicants’ need to be cognizant of the pathway they are embarking on and the risk that their application could be extinguished while in the queue for processing. Gaining insight into IRCC processing times is now fundamental before choosing to submit certain application for permanent residence status in Canada.