Bill C-12 and refugee claims: how we respond now

On October 8, 2025, the federal government announced Bill C-12, the Strengthening Canada’s Immigration System and Borders Act (“Bill C-12”). Bill C-12 follows Bill C-2, the Strong Borders Act, 2025 that was introduced in June 2025 and carries many of the same proposed amendments to Canada’s immigration legislation as its predecessor.  Proponents of Bill C-12 state the intended purpose of modernizing Canada’s current immigration and refugee process. Bill C-12, however, proposes drastic changes including concerning propositions that for effecting Canada’s refugee system. Bill C-12 proposes to amend the refugee system in a few different ways:

• By imposing a time limit on making a refugee claim. An individual must make a refugee claim within one year of their first arrival in Canada;

• Claimants (non-U.S. citizens) who enter Canada across the United States border will be ineligible to file a claim beyond 14-days of their arrival. This provision codifies the bar for filing a refugee claim within the first 14 days of their arrival already in force through  the Safe Third Country Agreement.  Importantly, however, this proposal will effectively close exceptions that existed for individuals that were impacted by the Safe Third Country Agreement between Canada and the United States of America;

• Those now found to be ineligible to be referred to the Immigration and Refugee Board under the Bill will instead be offered a pre-removal risk assessment (PRAA) as an alternative;

• The Bill, if passed, will ease information sharing restrictions and allow for client information that is submitted to IRCC to be shared between the federal and provincial governments;

• Bill C-12 would also give the Governor in Council broad and arbitrary power to cancel or suspend visas, study permits, and work permits if doing so is in the public interest. An order in the public interest is defined as an order that is made with the intended purpose of addressing matters such as administrative errors, fraud, public health, public safety or national security.

As a firm focused on supporting LGBTQ+ refugee claimants, we are particularly concerned about how these proposed changes do not take into consideration the lived experiences of our community. In our practice, we often work with clients that first arrived as a temporary resident (student, worker, visitor) and, while in Canada, start to discover their sexual orientation and/or gender identity. It is at this time the individual realizes they cannot return to their country of nationality; perhaps the country has been historically unsafe for LGBTQ+ people or has recently become so following a leadership change. As many of us understand, the process of coming out—to ourselves and to others—can be a long process that cannot promise a one-year timeline. This is called a sur place refugee claim, a consideration grounded in the UN Refugee Convention. Such a strict timeline on the filing of a claim eliminates these considerations of sur place refugee claims.

In addition, many individuals in fear of returning to their country of nationality may come to Canada with the hopes of being able to pursue permanent residence through Canada’s economic or sponsorship pathways. They may opt to pursue these pathways initially instead of filing a claim as they do not want to re-live their trauma by going through the refugee claim process. With constant fluctuations and changes to Canada’s immigration system, many individuals have had these intended pathways taken from them, leaving them no choice but to make a claim – even after being in Canada well over one year.

In either scenario, individuals who have been in Canada for more than one year would find themselves without access the refugee system. Under the Bill’s proposed amendments, the one-year limitation will apply to any person who had any entry to Canada since June 24, 2020. This applies even if an individuals came to Canada once and then returned to their country of nationality before eventually landing in Canada again. 

As of December 16^th, 2025, Bill C-12 has not received Royal Assent and is not law. However, the Bill is moving through Parliament at a rapid pace. After being introduced in the beginning of October, the Bill has completed each stage in the House of Commons and is awaiting the Second Reading at the Senate.

Regardless of when, and if, the Bill is passed, we will continue to file refugee claims for our clients—even if claimants have been in Canada longer than one year. We remain committed to being a supportive advocate for our clients, especially in times of legislative changes to our immigration system. We are steadfast in our dedication to representing LGBTQ+ clients and advocating for people to not be removed to countries that are unsafe.

Wondering about filing a refugee claim? Contact us by emailing Kate@MigrationLawGroup.com or by calling 416-203-2899 ext. 30.