Experts sound alarm over Bill C-12 and risk of mass cancellations of immigration applications
Legal experts, immigration practitioners and waiting applicants are raising the alarm after recent signals from Ottawa that new legislative powers in Bill C-12 could be used to cancel or reset large numbers of pending immigration files. The warning comes as backlogs and processing times across multiple IRCC programs have lengthened sharply through 2024–2025, fuelling calls for urgent reform — and growing fear that a legislative “reset” could repeat the mass cancellations Canada has seen in the past.
Key points
- Senior immigration lawyers say Bill C-12 contains broad powers that could allow the government to suspend, defer or cancel classes of applications for “public interest” or “operational” reasons.
- Concerns intensified after public processing-time data showed dramatic increases in wait times for citizenship, family sponsorship, temporary-resident renewals and several economic programs.
- Observers note historical precedent: federal authorities cancelled large backlogs in 2012 and again in 2014. That precedent underpins worries that a similar approach could be taken again.
- Critics argue that cancellations would harm thousands of applicants who have complied with rules and waited years for decisions; proponents say sweeping measures may be considered to “restore balance” in an overburdened system.
Growing backlog, growing pressure
IRCC’s processing metrics reveal long delays across many programs. In recent months the department publicly reported substantial increases in average processing times for important streams — for example:
- Citizenship grant timelines rising from roughly 8 months to about 13 months.
- Citizenship certificates from about 3 months to 8 months.
- Inland spousal sponsorships from about 11 months to 22 months.
- The Atlantic Immigration Program increasing from around 6 months to more than 30 months in some cases.
- Work-permit renewals within Canada and visitor visa processing also showing steep increases.
These lengthening waits, combined with lower admissions targets set by government policy, have produced a mismatch: applications continue to arrive while the system has fewer approvals to allocate, raising political pressure and administrative strain.
What Bill C-12 would change (and why experts worry)
Bill C-12, framed by government officials as a measure to strengthen border security and modernize processes, contains clauses that could broaden IRCC’s authority to manage inventories of pending files. Critics point out the bill’s language allows action for vaguely defined reasons such as “public interest” or “operational needs.” Without narrow safeguards, that wording could be used to justify wide-ranging administrative steps — including pausing intake or cancelling entire categories of applications.
Renowned immigration lawyer Steven Meurrens told reporters that the legislation appears to set the groundwork for a large-scale administrative reset if the government chooses that route. He warned that the department’s reluctance to lay out specific plans has further alarmed applicants and legal counsel.
Human and economic cost
Community groups, lawyers and affected families say a cancellation or broad reset would produce immediate, harsh effects:
- Families separated for years would see their sponsorship files closed and paid fees lost.
- Workers and students in Canada on temporary status could lose pending pathways to permanent residence after investing in language testing, credential assessments and application costs.
- Employers — particularly in health care, agriculture and technology — risk losing crucial hires if work permits and nomination pathways are disrupted.
- The reputational damage to Canada’s immigration brand could deter future applicants and frustrate provinces that rely on newcomers to meet labour needs.
Advocacy groups note the 2012 and 2014 cancellations left long-term scars: many applicants who waited years suddenly had their files eliminated and had to start the process again or sue, with courts ultimately affirming federal authority but not repairing the personal losses suffered.
Politics, targets and administrative choices
Observers say the risk of cancellations cannot be divorced from the political context: Ottawa reduced national immigration targets in 2024 and 2025 to address housing and service pressures. Lower targets and slower processing produce longer queues — a dynamic that makes legislative options for “resetting” inventories politically tempting. Critics, however, argue that lowering targets without increasing processing capacity simply creates incentives for blunt administrative fixes instead of sustainable reform.
Immigration Minister Lena Metlege Diab has publicly said the department is committed to restoring balance, building capacity and improving transparency. Her office stresses modernization and better forecasting as central to the government response, but critics say published processing tables alone do not address the underlying service shortfall.
Possible alternatives experts propose
Legal and policy experts recommend measures that would reduce backlogs without erasing applicant rights:
- Temporarily pause new intake in specific categories with overwhelming inventories while protecting applicants already in process.
- Significantly increase processing staff and invest in reliable digital tools and case-management systems.
- Create statutory protections that prevent retrospective cancellation of applications submitted in good faith.
- Simplify or consolidate overlapping pilot programs that consume scarce processing resources.
- Establish transparent criteria and public reporting for any use of emergency cancellation powers so applicants and parliamentarians can scrutinize decisions.
What applicants and employers should do now
- Keep records up to date (contact information, work history, supporting documents) so files remain ready for review.
- Seek legal advice if you suspect your file may be vulnerable or if you receive unusual correspondence from IRCC.
- Employers should verify compliance with program rules, maintain clear job offers and be prepared with alternative recruitment plans.
- Applicants should monitor parliamentary developments around Bill C-12 and watch for official guidance from IRCC.
Outlook
If Bill C-12 becomes law with broad cancellation powers and the department opts to use them, Canada could face a politically and legally fraught reset of immigration inventory. Conversely, a path that pairs increased capacity and clear legal safeguards could address backlogs while preserving the rights of applicants who have followed rules and waited in good faith.
The coming months will be decisive: parliamentary debate on Bill C-12, IRCC’s operational choices, and whether Ottawa invests in processing capacity will determine whether Canada manages its backlogs by rebuilding systems — or by resorting to sweeping administrative measures.
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