Bill C-12: Could Canada Cancel Your Permanent Residence?

What PR Holders Need to Know

Last Updated: November 10, 2025

If you’re a permanent resident of Canada, you need to know about Bill C-12—a proposed law that could fundamentally change the security of your permanent resident card and travel documents. While this legislation hasn’t become law yet, its potential impact on PR card holders is significant enough that every permanent resident should understand what’s at stake.

Critical Clarification: Bill C-12 targets documents (PR cards, visas, permits), not PR status itself, which remains governed by IRPA section 46 and retains procedural safeguards. However, losing your PR card can create severe practical barriers to travel and mobility.

What is Bill C-12?

Bill C-12, officially titled the “Strengthening Canada’s Immigration System and Borders Act,” was introduced in Parliament on October 8, 2025. The bill passed second reading on October 23, 2025, and has been referred to the Standing Committee on Public Safety and National Security (SECU) for consideration.

Important: Bill C-12 is NOT yet law. The Standing Committee on Public Safety and National Security began holding specific hearings on Bill C-12 on November 5, 2025, with witnesses from IRCC, CBSA, and the RCMP. The bill still needs to complete committee review, pass third reading in the House of Commons, pass the Senate, and receive Royal Assent before it can take effect. The legislative process may take months, and the bill may be significantly amended or potentially defeated.

The stated purpose of Bill C-12 is to strengthen border security and protect the integrity of Canada’s immigration system by giving the federal government enhanced powers to respond to large-scale fraud, pandemics, security threats, and other situations deemed to be in the “public interest.”

What Will Change If Bill C-12 Passes?

If enacted, Bill C-12 will add new sections 87.301 to 87.305 to the Immigration and Refugee Protection Act (IRPA), granting extraordinary new powers to the Governor in Council (the federal Cabinet).

What the Bill Does NOT Change: Bill C-12 does not change the legal framework for loss of permanent resident status, which remains governed by IRPA section 46 and requires specific grounds such as becoming a Canadian citizen, a final removal order, voluntary renunciation, or cessation/vacation of refugee protection. These status-loss provisions retain their existing procedural safeguards.

What the Bill DOES Change: It gives the government power to cancel, suspend, or vary immigration documents—including PR cards—without the same level of procedural protection.

Here are the key changes:

1. Document Cancellation Authority

Bill C-12 would add IRPA sections 87.301 to 87.305, allowing Cabinet, when “in the public interest,” to:

Section 87.301 – Make orders specifying that certain applications are not to be accepted for processing, or that the processing of those applications is to be suspended or terminated

Section 87.302 – Make orders to cancel, suspend or vary certain documents issued under IRPA, or to impose or vary conditions, including:

• Permanent resident visas
• Permanent resident cards
• Temporary resident visas
• Electronic travel authorizations
• Temporary resident permits
• Work permits
• Study permits

Important: These powers apply to documents only—not to your underlying permanent resident status. Your status as a permanent resident remains protected by IRPA section 46, which requires separate legal processes for status revocation.

If the order concerns persons in Canada, it requires the Public Safety Minister’s concurrence. Orders must be published in the Canada Gazette within 23 days and are exempt from the Statutory Instruments Act (meaning no advance public consultation is required).

This means your PR card (not your status) could potentially be cancelled based on categories such as:

• Your country of origin
• The institution you attended
• Your employer or recruitment agency
• Any other broad category the government defines

Important Note: These scenarios are hypotheticals consistent with the bill’s class-based design, not confirmed government policy.

2. Category-Based Orders Without Individual Assessment

Unlike current immigration law, which requires case-by-case assessment and due process, Bill C-12 allows orders that may target entire categories of documents. Section 87.302(3)(a) specifies that an order may “restrict the application of the order to certain documents or individuals,” meaning the government can define broad classes for cancellation.

Again, this applies to documents, not status. There is no built-in individual hearing requirement before the order takes effect.

However, orders must be published in the Canada Gazette within 23 days, and affected persons can seek judicial review in Federal Court.

3. Undefined “Public Interest” Standard

Sections 87.301(1) and 87.302(1) authorize document cancellations when the Governor in Council “is of the opinion that it is in the public interest to do so”—a term that is deliberately broad and undefined in the legislation.

According to government sources, this could include:

• Wide-scale fraud or system errors
• Pandemics or public health emergencies
• Security flaws in issued documents
• Major irregular migration movements
• Cyber-attacks
• National security concerns

However, critics note that the “public interest” standard is vague and undefined in the legislation, leaving it open to broad interpretation.

4. Application Suspension or Termination

Under section 87.301(1), the government can:

• Specify that applications are not to be accepted for processing
• Suspend processing of pending applications
• Terminate processing of pending applications

Under section 87.301(3), if applications are terminated, “the order must specify whether, despite any other Act of Parliament, any fees paid in respect of an application… are to be repaid and, if they are, that the repayment is to be made without interest from the Consolidated Revenue Fund.”

This means refunds are discretionary—repayment is not guaranteed.

5. Limited Procedural Protections for Class-Based Orders

The bill does not require individual pre-order notice or hearings when making class-based orders. However, the bill does provide certain procedural elements:

Publication requirement: Orders must be published in the Canada Gazette within 23 days of being made (section 87.305), providing transparency after the fact.

Post-order examination powers: Section 87.304 authorizes officers to require affected persons to answer truthfully all questions and appear for an examination (including medical examinations) after an order has been made, for the purpose of applying the order.

Judicial review availability: Affected persons retain the right to seek judicial review in Federal Court, where they can challenge the reasonableness, legality, and fairness of the order.

This represents a departure from traditional administrative law, which typically requires some form of individual notice and opportunity to be heard before adverse decisions are made.

6. Ministerial Amendment Powers

Section 87.303 allows the Governor in Council to authorize the Minister to amend or repeal orders, subject to conditions. If amendments concern persons in Canada, the Minister needs the Public Safety Minister’s concurrence.

Consequences for Permanent Resident Card Holders

Understanding What’s Actually at Stake: Status vs. Documents

The most critical distinction to understand: Bill C-12 gives the government power to cancel your permanent resident card (a document), but does not give it power to cancel your permanent resident status (your legal standing in Canada).

What Is the Difference?

Permanent Resident Status:

• Your legal status as a person with the right to live, work, and study in Canada
• Governed by IRPA section 46
• Can only be lost through specific legal processes:
  • Becoming a Canadian citizen
  • A final removal order (with appeal rights to IAD)
  • Voluntary renunciation
  • Cessation or vacation of refugee protection
• These processes retain full procedural safeguards, including the right to appeal and judicial review
• Bill C-12 does NOT change these protections

Permanent Resident Card:

• A physical document that proves your PR status
• Required for boarding commercial carriers to return to Canada
• Can be cancelled under Bill C-12 sections 87.301-87.305 without the same procedural protections
• Cancellation of the card does not automatically cancel your status

Why Does This Matter?

Legally: Your status as a permanent resident remains intact. You continue to have the legal right to remain in Canada and cannot be removed without a separate legal process under IRPA section 46, which includes full appeal rights.

Practically: Without a valid PR card, you face severe limitations:

• You cannot board commercial flights or other carriers to return to Canada
• You would need to apply for a Permanent Resident Travel Document (PRTD) from outside Canada
• A PRTD application could be denied, leaving you stranded abroad
• Even while in Canada, proving your status becomes difficult without the card

Here’s what this means in practice:

• If you’re in Canada and don’t travel: Your PR status remains valid; you can continue living, working, and studying in Canada
• If you need to travel abroad: You face risk—leaving Canada could mean being unable to return if your card is cancelled
• If you’re outside Canada when your card is cancelled: You cannot board a commercial carrier to return without successfully obtaining a PRTD
• Practical result: You face severe barriers to international travel and family visits, effectively limiting your mobility, even though your legal status technically remains

The Mobility Rights Issue

It’s important to understand your constitutional rights: Under the Canadian Charter of Rights and Freedoms, only citizens have a constitutional right to enter and leave Canada (section 6(1)). Permanent residents have inter-provincial mobility rights (section 6(2)), but not the constitutional right to enter or leave the country.

Therefore, while cancelling a PR card doesn’t violate a constitutional right to enter/leave Canada (which you don’t have as a PR), it creates a practical travel blockage that severely undermines the value and utility of permanent residence.

No Guarantee of Document Security

Even if you:

• Followed every immigration rule
• Paid all fees on time
• Maintained continuous residence
• Filed accurate applications
• Stayed employed and law-abiding
• Never committed fraud or misrepresentation

Your PR card could still be cancelled if the government determines it’s in the “public interest” based on broad categories you fall into—such as the country you came from, the school you attended, or your employer’s industry.

Importantly: Even if your card is cancelled through this process, your PR status can only be revoked through the separate IRPA section 46 process, which provides:

• Individual assessment
• Right to appeal to the Immigration Appeal Division (for removal orders)
• Full judicial review rights
• Procedural fairness protections

The Canadian Immigration Lawyers Association (CILA) has warned that this creates “untrammeled discretion to cancel, vary, or suspend certain categories of documents (permanent, temporary, travel-related) without review” and “broad discretionary authority without accountability,” representing a shift from rule-based immigration to discretion-based governance for documents, even though status protections remain.

Real-World Scenarios

Consider these potential situations under Bill C-12 (presented as hypotheticals consistent with the bill’s design):

Scenario 1: Educational Institution Fraud If a college is found issuing fraudulent admission letters—or is removed from the Designated Learning Institution (DLI) list—the government could suspend all permits linked to that institution. Under section 87.302, an order could extend to PR cards of graduates from that institution—even those who genuinely completed their studies and had no knowledge of fraud.

Important: Your PR status would remain—you could continue living in Canada—but your PR card could be cancelled, preventing international travel.

Scenario 2: Employer Compliance Issues If employer or recruitment fraud is identified, work permits for the entire workforce category could be suspended—even if some workers were completely compliant. An order under section 87.302 could potentially affect PR cards for those in affected categories.

Important: Again, this affects your card/document, not your status. To actually remove you from Canada would require separate proceedings under IRPA section 46.

Scenario 3: Country-Specific Concerns Internal government documents have identified concerns about fraud from specific countries including India and Bangladesh. Section 87.302(3)(a)’s framework allows orders to “restrict the application of the order to certain documents or individuals,” which could enable targeting of PR cards based on country of origin or immigration stream.

Important: This would be document cancellation only. Loss of PR status itself would require separate legal processes with full appeal rights under IRPA section 46.

Your Charter Rights: Can You Appeal?

Here’s the crucial point that many people are asking about: Do permanent residents have Charter rights to challenge document cancellations, and what protections exist for your PR status?

Yes, You Have Constitutional Rights—And Status Protections Remain

As a permanent resident in Canada, you are protected by the Canadian Charter of Rights and Freedoms. The Charter guarantees:

Section 7 – Life, Liberty and Security of the Person “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”

Section 15 – Equality Rights “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination.”

Two Levels of Protection

Protection Level 1: Your PR Status (Unchanged by Bill C-12)

Your permanent resident status remains fully protected by existing law:

• IRPA section 46 governs loss of PR status
• Status can only be lost through specific legal processes
• If facing a removal order, you have the right to appeal to the Immigration Appeal Division (IAD)
• Full procedural fairness applies
• Judicial review is available
• Bill C-12 sections 87.301-87.305 do not change any of these protections

Protection Level 2: Your PR Card/Documents (Affected by Bill C-12)

For document cancellation under Bill C-12, your options include:

Available Legal Remedies for Document Cancellation

If your PR card is cancelled under Bill C-12 sections 87.301-87.305, you would have several potential avenues to challenge the decision:

1. Federal Court Judicial Review

For a class-wide PR card cancellation, the primary route is Federal Court judicial review under the Federal Courts Act section 18.1. Note that the Immigration Appeal Division (IAD) does not hear appeals of PR card cancellations; IAD appeals remain limited to removal orders, sponsorship refusals, and residency-obligation decisions under IRPA section 63.

Grounds for judicial review include:

• Procedural unfairness: Based on principles established in cases like Baker v. Canada, even decisions involving broad discretion must meet minimum standards of fairness
• Unreasonableness: The decision is not transparent, justifiable, or intelligible
• Charter violations: Breach of your constitutional rights under sections 7 or 15
• Jurisdictional error: The government exceeded its legal authority

2. Charter Challenge

You can argue that Bill C-12 sections 87.301-87.305 themselves, or their application to you, violate the Charter:

• Section 7 violation: Class-wide cancellation without individual pre-order assessment may violate principles of fundamental justice
• Section 15 violation: Cancellation based on national origin, ethnicity, or other protected grounds constitutes discrimination

3. Administrative Law Remedies

Even under Bill C-12, principles of administrative law still apply:

• Legitimate expectations: If the government created expectations about your documents, arbitrary cancellation may be challenged
• Bad faith: If the decision was made for improper purposes or political reasons
• Procedural fairness: Canadian courts have consistently held that the duty of fairness cannot be completely eliminated, even in urgent situations

The Government’s Position

When Bill C-2 (the predecessor to Bill C-12) was introduced, the Department of Justice issued a Charter Statement arguing that requiring the Governor in Council to act only when of the opinion that it is in the public interest, and requiring the Public Safety Minister’s concurrence for orders affecting persons in Canada (as specified in section 87.302(2)), provides accountability and limits on the power.

However, this is not binding on courts—judges will independently assess whether the law violates Charter rights.

Important Limitations

While you do have Charter rights and access to judicial review, challenges take time and money:

• Legal costs: Federal Court judicial review and Charter challenges can cost tens of thousands of dollars
• Time delays: Court cases can take years to resolve
• No automatic stay: Your PR card cancellation may remain in effect while you appeal, preventing international travel
• No guarantee of success: Courts must balance individual rights against government objectives

Procedural Fairness Remains a Core Principle

Even if Bill C-12 sections 87.301-87.305 do not require individual pre-order notice or hearings for class-based orders, Canadian administrative law has long held that affected individuals must be treated fairly. The Supreme Court of Canada has consistently emphasized that:

• The duty of fairness applies to all administrative decisions affecting rights
• The content of fairness varies with the context but cannot be completely eliminated
• Even urgent government decisions must respect minimum procedural fairness

Courts may find that the complete absence of individual pre-order notice and assessment violates these fundamental principles. CILA is particularly concerned about the permissibility of retroactive termination of applications submitted in accordance with valid statutory and regulatory criteria.

What Should PR Holders Do Now?

Bill C-12 is making its way through Parliament. The Standing Committee on Public Safety and National Security began hearings on November 5, 2025. Here are practical steps to protect yourself:

1. Stay Informed

Monitor the bill’s progress through:

• Parliament of Canada LEGISinfo: parl.ca/legisinfo
• Immigration, Refugees and Citizenship Canada (IRCC): canada.ca/ircc
• Canadian Immigration Lawyers Association: cila.co
• Reputable immigration law sources

2. Document Everything

Maintain comprehensive records of:

• All immigration applications and approvals
• Proof of compliance with residency obligations
• Tax returns and employment records
• Educational credentials and transcripts
• Any communications with IRCC
• Proof that your institution maintains DLI status
• Evidence of your employer’s LMIA compliance

3. Consider Citizenship—The Ultimate Protection

If you’re eligible for Canadian citizenship, this may be the time to apply:

• Canadian citizens cannot have their status or documents cancelled under Bill C-12 sections 87.301-87.305
• Citizenship provides permanent protection and the constitutional right to enter and leave Canada (Charter section 6(1))
• Canadian citizenship is the only status completely immune to these new powers
• Processing times vary, so apply as early as possible

To qualify for citizenship, you generally need:

• At least 3 years (1,095 days) of physical presence in Canada within the last 5 years
• Filed income taxes for at least 3 years
• Passed a citizenship test and language requirements
• No prohibitions under the Citizenship Act

4. Maintain Compliance

While Bill C-12 isn’t law yet, maintaining good standing is always advisable:

• Ensure your employer is fully compliant with all LMIA and employment laws
• Verify your educational institution maintains its DLI status
• Keep copies of all documents proving your compliance
• Stay aware of any regulatory changes affecting your institution or employer

5. Understand Your Rights

Remember the key distinction:

• Your PR status remains fully protected by IRPA section 46
• Only your PR card could be cancelled under Bill C-12 sections 87.301-87.305
• To actually remove you from Canada would require separate proceedings with full appeal rights
• However, losing your card creates severe practical barriers to travel

6. Consult an Immigration Lawyer

If you have concerns about how Bill C-12 might affect you specifically, consult with a qualified immigration lawyer or regulated Canadian immigration consultant who can:

• Assess your individual risk factors
• Advise on citizenship eligibility
• Explain the difference between status and document protections
• Prepare contingency plans
• Monitor developments relevant to your situation
• Advise on judicial review options if needed

Opposition to Bill C-12

It’s important to note that Bill C-12 faces significant opposition. A broad coalition of over 300 organizations are calling for the bill’s complete withdrawal, including the Canadian Civil Liberties Association, the BC Civil Liberties Association, the Canadian Labour Congress, the United Church of Canada, the Migrant Rights Network, the Canadian Council for Refugees, Amnesty International, and the Canadian Association of Refugee Lawyers.

These organizations argue that Bill C-12:

• Violates fundamental principles of fairness and due process for document cancellations
• Grants excessive discretionary power without adequate accountability
• Undermines the rule of law
• Creates legal uncertainty among permanent residents and temporary residents
• Shifts from rule-based to discretion-based governance for immigration documents

CILA has published detailed critiques and committee submissions outlining these concerns. The strong opposition from legal experts and civil society groups means the bill may be significantly amended or potentially defeated as it moves through Parliament.

The Bottom Line

Bill C-12 represents a shift in how Canada manages immigration documents—creating a two-tier system where documents can be affected by broad orders, but status protections remain. Here’s what you need to know:

What C-12 Would Do:

• Add IRPA sections 87.301-87.305 granting Governor in Council powers over documents
• Allow suspension/termination of application processing for defined categories (section 87.301)
• Enable cancellation or variation of immigration documents (including PR cards) for classes of people when “in the public interest” (section 87.302)
• Require post-order publication in the Canada Gazette within 23 days (section 87.305)
• Allow post-order examinations and questioning under section 87.304
• Provide judicial review as recourse in Federal Court

What C-12 Would NOT Do:

• Does NOT change IRPA section 46 protections for PR status
• Does NOT eliminate appeal rights for removal orders
• Does NOT remove procedural safeguards for actual status revocation

For Permanent Residents:

✗ PR cards may be cancelled through broad category-based orders without individual pre-order notice or hearing
✗ Compliance with all rules may not protect your documents from category-based orders
✗ Card cancellation creates severe practical barriers to international travel
✓ PR status protections under IRPA section 46 remain fully intact with appeal rights
✓ Full status revocation still requires separate legal processes with IAD appeals for removal orders
✓ You retain Charter rights and can seek Federal Court judicial review of document cancellations
✓ Procedural fairness principles still apply and can be argued in court
✓ Canadian citizenship remains the only status completely immune to these powers

Bill C-12 is not yet law. Committee hearings began November 5, 2025. If passed in its current form, it will create a two-tier system: your PR status remains protected by IRPA section 46, but your PR card and mobility can be affected without individual pre-order procedural protections through new sections 87.301-87.305.

Need Legal Advice About Your Immigration Status?

If you’re concerned about how Bill C-12 or other immigration changes might affect you, our team at George Lee Law can help. We provide comprehensive immigration law services in English, Cantonese, and Mandarin, including:

• Citizenship applications (the ultimate protection against Bill C-12)
• Permanent residence applications and renewals
• Federal Court judicial review of immigration decisions
• Charter challenges and constitutional litigation
• Immigration appeals and procedural fairness arguments
• Compliance audits for employers and institutions
• Strategic advice on document vs. status protections

Contact us today for a consultation.

Phone: 604-681-1611
Serving Vancouver and the Lower Mainland for 25 years!

Disclaimer

This blog post is for informational purposes only and does not constitute legal advice. Immigration law is complex and constantly changing. Bill C-12 has not been passed and its final form may differ significantly from what is described here. The Standing Committee on Public Safety and National Security began hearings on Bill C-12 on November 5, 2025. The critical distinction between document cancellation (affected by Bill C-12 sections 87.301-87.305) and status revocation (governed by IRPA section 46 with full procedural protections) is explained based on the bill as introduced at first reading. For advice specific to your situation, please consult with a qualified immigration lawyer or regulated Canadian immigration consultant. The information in this post is current as of November 10, 2025.