New amendments to Canada’s border legislation aim to restrict the governor general’s authority to cancel or suspend immigration applications and documents, including work permits, study permits, and permanent resident cards.

The proposed Bill C-12, titled ‘An Act respecting certain measures relating to the security of Canada’s borders and the integrity of the Canadian immigration system and respecting other related security measures,’ outlines provisions that would grant the governor general extensive powers to act in the public interest, such as:

• Halting the acceptance of immigration applications
• Suspending or terminating application processing
• Revoking, altering, or suspending immigration documents
• Imposing or modifying conditions on immigration documents
• Setting or changing conditions for temporary residents

The amendments specify that the exercise of these powers must be justified by addressing administrative errors, fraud, public health, public safety, or national security concerns.

If enacted, the revised bill would provide foreign nationals and permanent residents with greater certainty that decisions are made based on valid reasons rather than arbitrary motives.

Moreover, the updated legislation introduces enhanced oversight and transparency by mandating that the immigration minister submit a report to parliament after issuing an order, detailing the rationale behind the decision and its impact on individuals.

Currently undergoing the report stage, the bill will be deliberated in the House of Commons, allowing for potential modifications before advancing to the final reading.

To become law, the bill must secure approval in the House of Commons and the Senate, followed by royal assent.

If Bill C-12 successfully passes the third reading in the House of Commons, it will proceed to the Senate for initial consideration.

Traditionally, the governor general exercises authority based on advice from the prime minister and cabinet.