Bill C-12 and Canadian Employers: What HR Teams Should Know About Work Authorization, Hiring, Privacy, and Compliance

Bill C-12 is now law in Canada. Learn what it may mean for employers, students, foreign workers, work authorization, HR policies, privacy, hiring, and compliance.

Overview

Bill C-12 is now law in Canada, but employers, students, temporary foreign workers, international graduates, and employees do not need to panic.

That is the most important starting point.

Bill C-12 has attracted a lot of attention because it deals with immigration, asylum claims, border security, information sharing, and government authority over immigration documents. For employers, that may sound worrying at first.

But Bill C-12 is not mainly an employment-law statute.

It does not rewrite provincial employment standards laws. It does not replace the Canada Labour Code. It does not create a new general hiring law for every Canadian employer. It does not mean employers should suddenly avoid international students, newcomers, temporary residents, refugee claimants, or foreign workers.

However, Bill C-12 can still matter to employers because immigration status, work authorization, hiring documentation, employee records, privacy, and anti-discrimination rules often intersect with HR compliance.

In other words:

Bill C-12 is not an employment standards law, but it is a useful reminder for employers to review their HR processes around work authorization, hiring fairness, privacy, employee documentation, and manager training.

This article explains what Bill C-12 is, what it does and does not mean for Canadian workplaces, and how employers can take a calm, practical, policy-based approach.

Quick Summary for Employers

Bill C-12 is officially called the Strengthening Canada’s Immigration System and Borders Act. Its full long title is 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. Parliament’s Royal Assent version shows the Act was assented to on March 26, 2026. (parl.ca)

The Government of Canada describes Bill C-12 as strengthening Canada’s immigration and asylum system in four key areas: new eligibility requirements for asylum claims, a modernized asylum process, domestic information sharing, and immigration document/application authorities. (canada.ca)

For employers, the key point is this:

Bill C-12 does not automatically change day-to-day employment standards obligations, but it is a reminder that employers should have strong HR systems for work authorization, employee records, privacy, fair hiring, and document tracking.

Employers should avoid overreacting.

They should not discriminate, make assumptions, or reject candidates because of perceived immigration status. Instead, they should follow consistent, lawful, documented HR processes.

Important Note: “Now Law” Does Not Always Mean Every Detail Is Fully Operational in Practice

Bill C-12 has received Royal Assent and is now law. That part is clear. (canada.ca)

However, employers should understand one important legal nuance:

Some parts of a new law may require regulations, government orders, operational guidance, or phased implementation before they are fully operational in practice.

This matters because employers should not assume every possible Bill C-12 power will immediately affect every worker, every work permit, or every application.

A calm employer approach is better:

Bill C-12 should be treated as a heads-up for better HR compliance, not a reason for panic.

What Is Bill C-12?

Bill C-12 is a federal law dealing mainly with Canada’s immigration system, asylum process, border security, information sharing, and related government powers.

The official short title is:

Strengthening Canada’s Immigration System and Borders Act

The Act amends several federal laws. Parliament’s Royal Assent version lists changes involving the Customs Act, Controlled Drugs and Substances Act, Cannabis Act, Oceans Act, Department of Citizenship and Immigration Act, Immigration and Refugee Protection Act, Proceeds of Crime (Money Laundering) and Terrorist Financing Act, Office of the Superintendent of Financial Institutions Act, Sex Offender Information Registration Act, and related legislation. The Act also includes a parliamentary review provision. Parliament’s summary states that Part 12 provides for a parliamentary review, after five years, of the operation and effect of the amendments made by the Act. (parl.ca)

From an employer’s point of view, the most relevant parts are not the broader border-security, criminal-enforcement, or financial-crime sections.

The most relevant parts are the immigration-system changes, especially where they may affect:

That does not mean employers need to become immigration-law experts. But it does mean employers should understand where immigration documentation and HR compliance overlap.

Is Bill C-12 an Employment Law?

No.

Bill C-12 is not an employment standards law.

It does not replace:

So, if you are an employer, Bill C-12 does not mean you suddenly have a brand-new provincial employment standards checklist.

But it can still affect workplace risk because employers are responsible for ensuring that workers are legally permitted to work in Canada. Employers also need to avoid discrimination, protect personal information, and keep accurate employee records.

That is the practical HR connection.

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Why Employers Should Pay Attention Anyway

Many Canadian employers hire or work with people whose ability to work depends on immigration documents.

Examples include:

For these employers, immigration status is not an abstract legal issue.

It can affect:

Bill C-12 is therefore a good reminder to review internal HR processes.

The goal is not panic.

The goal is preparation.

The Most Important Employer Message: Do Not Panic, Do Not Discriminate

Employers should be careful not to respond to immigration-law changes in a way that creates human rights or employment-law risk.

For example, an employer should not say:

Those reactions can create serious legal risk.

Employers are allowed to verify whether a person is legally authorized to work. But employers should not make assumptions based on name, accent, race, ethnicity, nationality, place of origin, citizenship background, or perceived immigration status.

A better employer approach is:

Apply the same work-authorization verification process consistently where legally required, collect only necessary information, protect the information properly, and seek legal advice when a situation is complex.

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What Bill C-12 May Mean for Immigration Documents and Work Authorization

One of the most relevant areas for employers is the government’s authority around immigration documents and applications.

Parliament’s summary describes Part 7 as the portion dealing with certain measures in respect of applications and documents under the Immigration and Refugee Protection Act. The summary says Part 7 authorizes the Governor in Council to make orders, in the public interest, specifying that certain applications are not to be accepted for processing, or that processing is to be suspended or terminated. It also authorizes orders to cancel, suspend, or vary certain immigration documents, or to impose or vary conditions, where the Governor in Council is of the opinion that it is in the public interest to do so. (parl.ca)

That is why employers should pay attention.

This does not mean every work permit is suddenly at risk.

It also does not mean employers should assume an employee’s authorization has changed.

But it does mean employers should have a clear process for managing employment where work authorization depends on time-limited or immigration-related documents.

For example, employers should know:

These are HR process questions, not political questions.

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What Employers Should Not Assume

Employers should avoid broad assumptions.

Bill C-12 does not mean:

Employers should deal with facts, documents, and lawful process.

The Asylum Eligibility Changes: Why Employers Should Understand the Basics

Bill C-12 includes new asylum eligibility requirements.

The Government of Canada says Bill C-12 introduces two new asylum eligibility rules. First, asylum claims made more than one year after a person’s first entry into Canada on or after June 24, 2020 will not be referred to the Immigration and Refugee Board of Canada. Second, asylum claims by people who enter Canada between ports of entry along the Canada–US land border and make a claim more than 14 days after entry will not be referred to the IRB. (canada.ca)

This is a sensitive topic.

Employers should understand the basics, but they should not try to become immigration decision-makers.

An employer’s role is not to decide whether someone has a valid refugee claim.

An employer’s role is much narrower:

If an employee’s authorization becomes unclear, the employer should avoid rushed decisions. The employer should gather facts, request updated documentation where appropriate, and obtain legal advice if suspension, unpaid leave, or termination is being considered.

International Students: What Employers Should Understand

Many employers hire international students in retail, food service, hospitality, caregiving, logistics, administration, customer service, and entry-level professional roles.

Bill C-12 may create concern among some students because it includes immigration document and application-related authorities. But employers should avoid turning that concern into unfair treatment.

A student worker may still be legally authorized to work if they meet the applicable conditions. The employer’s role is not to guess, stereotype, or over-interpret. The employer’s role is to verify work authorization in a consistent and lawful way.

A practical employer approach would be:

This is especially important because students and young workers may not fully understand how immigration rules interact with employment. Employers should not provide immigration advice unless they are legally authorized to do so. But employers can maintain clear workplace procedures.

Temporary Foreign Workers: Why Documentation Matters

Employers who use the Temporary Foreign Worker Program or hire workers on employer-specific work permits should be especially careful.

Some foreign workers may be authorized to work only for a specific employer, in a specific role, or under specific conditions.

That means HR must understand the difference between:

A small administrative mistake can create a large compliance problem.

Example:

An employee was hired under a work permit tied to one job location. The employer later transfers the employee to another location without checking whether the permit allows that change. Even if everyone acted in good faith, the employer may have created a compliance issue.

This is why employers need a work-authorization review process before making major changes to a foreign worker’s role, worksite, hours, or employment conditions.

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Maintained Status: A Term Employers Should Understand

Employers may hear the term maintained status.

Maintained status was previously often called implied status. In general terms, it can allow a temporary resident, including some workers, to remain in Canada under the conditions of their existing permit if they applied to extend their status before the permit expired.

Employers should be careful with this concept.

Maintained status can be important, but it is fact-specific. Whether an employee can continue working may depend on the type of permit, when the application was submitted, what conditions applied, whether the person left Canada, and other details.

Employers should not casually assume:

“The employee applied for renewal, so everything is fine.”

A better approach is:

This is a good example of why HR policies should include a clear escalation process.

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Refugee Claimants and Asylum-Related Workers

Bill C-12 includes changes to asylum eligibility and the asylum process. The Government of Canada has described the law as introducing new asylum eligibility requirements and a modernized asylum process. (canada.ca)

This can be sensitive for employers because some employees or applicants may be refugee claimants or may have work authorization connected to an asylum-related process.

Employers should not try to decide whether someone’s refugee claim is valid.

The employer should focus on:

If an employee’s work authorization changes or becomes unclear, the employer should avoid informal decisions by supervisors. HR should manage the process.

A supervisor should not say:

“I heard the law changed, so you probably cannot work anymore.”

A better response is:

“Please speak with HR. We will review any work-authorization documentation required for your role and handle the matter confidentially.”

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Employer Fees and Government Portal Processes: Verify Before Budgeting

Some employers may hear discussions about employer compliance fees, LMIA-exempt work permit processes, or government portal requirements.

Because immigration fees and portal processes can change, employers should not rely on rumours, social media posts, or unofficial commentary when budgeting or planning.

A safer employer approach is:

This blog does not provide immigration-fee advice. Employers should verify current fees and requirements directly with official government sources or qualified professionals before making hiring decisions.

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Privacy: A Major HR Issue

Bill C-12 also includes domestic information-sharing measures. The Government of Canada lists domestic information sharing as one of the four key areas of the law. (canada.ca)

For employers, this does not mean employers automatically receive new access to immigration information.

The employer takeaway is different:

If employers collect immigration or work-authorization documents, they must handle that information carefully.

Immigration-related information can be sensitive. It may reveal details about a worker’s nationality, citizenship, family situation, immigration pathway, refugee claim, study status, or work restrictions.

Employers should ask:

A strong employee records and privacy policy can help reduce risk.

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Human Rights: The Biggest Employment-Law Risk

The biggest employer risk is not Bill C-12 itself.

The biggest risk is how employers react to it.

If an employer reacts by screening out newcomers, international students, foreign workers, refugee claimants, or people with accents or foreign names, the employer could create human rights risk.

Employers should separate two different issues.

Lawful issue

“Is this person legally authorized to work in Canada for this role?”

Risky or potentially discriminatory issue

“Is this person from another country, new to Canada, or likely to have immigration complications?”

Employers should focus only on the lawful issue.

That means job postings, interviews, onboarding forms, and manager training should be reviewed carefully.

A job posting should not casually say:

Canadian citizens only.

Unless there is a specific legal basis or bona fide occupational requirement, this kind of wording can be discriminatory or create human-rights risk. A safer approach is:

Candidates must be legally authorized to work in Canada.

That focuses on work authorization, not nationality or citizenship identity.

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Recruitment and Interview Questions

Employers should review interview practices.

A hiring manager may think they are being practical by asking detailed questions about a candidate’s immigration history. But unnecessary questions can create risk.

Risky questions may include:

A safer approach is to ask only what is needed:

Are you legally authorized to work in Canada for this position?

Depending on the role and circumstances, an employer may also need to verify whether there are restrictions on the type of work, hours, location, or employer. But those checks should be handled professionally and consistently, usually at the appropriate stage of hiring or onboarding.

What If an Employee’s Work Authorization Expires?

This is one of the most practical employer questions.

If an employee’s work authorization expires, the employer should not simply ignore it. But the employer also should not automatically terminate without reviewing the facts.

A careful process may include:

The correct answer may depend on the document, the type of permit, the timing of the application, the role, and the worker’s specific situation.

That is why a policy-based process matters.

What If the Government Cancels, Suspends, or Varies a Group of Documents?

This is one of the reasons Bill C-12 matters to HR teams.

Parliament’s summary of the Royal Assent version says the law authorizes orders to cancel, suspend, or vary certain documents issued under the Immigration and Refugee Protection Act, or to impose or vary conditions, when the Governor in Council is of the opinion that it is in the public interest to do so. It also authorizes orders affecting the acceptance, suspension, or termination of processing for certain applications. (parl.ca)

Employers should not assume this will happen to their workforce.

But employers should have a contingency process.

If a future government order affects a category of documents, employers should:

The right response is not panic.

The right response is controlled HR review.

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Use Case 1: Restaurant Hiring International Students

A restaurant hires several international students for part-time work.

After hearing about Bill C-12, the owner becomes nervous and considers stopping all international-student hiring.

That would be the wrong approach.

A better approach would be:

The issue is not whether the worker is an international student.

The issue is whether the worker is legally allowed to perform the work under the applicable conditions.

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Use Case 2: Construction Employer With Work Permit Employees

A construction company employs several workers with employer-specific work permits.

The company wants to move one worker to a different job site and change their duties.

Before making the change, HR should check whether the worker’s authorization allows the new location and duties. If the permit is tied to specific conditions, the company may need advice before changing the role.

The employer should not assume all permits are the same.

A strong HR policy can require review before changing the job duties, worksite, employer entity, or employment terms of a worker with immigration-linked work authorization.

Use Case 3: Office Employer With a Post-Graduation Work Permit Holder

An accounting firm hires a recent graduate on a post-graduation work permit.

The employee’s permit expires in eight months.

A poor process would be to ignore the expiry date until the week before expiry.

A better process would be:

This protects the employer and gives the employee clarity.

Use Case 4: Employee Says Their Immigration Document Is Being Renewed

An employee tells HR that their work permit renewal is pending.

The employer should not immediately terminate the employee. But the employer also should not assume the employee can keep working without verification.

The right approach is to request appropriate documentation, review whether continued work is legally permitted, and obtain professional advice if needed.

This is where employers should avoid informal decisions by supervisors.

A manager should not say:

“It’s probably fine. Just keep working.”

HR should manage the situation through a documented process.

Use Case 5: Employer Collects Too Much Information

A small business asks every newcomer employee for copies of passports, immigration history, PR applications, family immigration details, and old visa documents.

That may be excessive.

Employers should collect only what is reasonably necessary to confirm work authorization and meet legitimate employment obligations.

Over-collection creates privacy risk.

A better policy would explain:

Use Case 6: Employer Uses the Wrong Job Posting Language

A business posts a job ad that says:

Canadian citizens only.

The employer’s intention may be to avoid work-authorization issues. But the wording is risky and may be discriminatory unless there is a specific legal basis for the requirement.

A better job posting would say:

Candidates must be legally authorized to work in Canada.

This wording focuses on the actual employment requirement without excluding people based on citizenship, nationality, or immigration background.

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Use Case 7: Supervisor Shares an Employee’s Status With the Team

An employee tells HR that their work permit renewal is pending.

A supervisor then tells coworkers:

“We are not sure if she can legally work here anymore.”

That is a serious confidentiality problem.

Immigration-related information should be handled as sensitive personal information. Only people with a legitimate business need should know the details.

A better process would be:

Practical Checklist for Employers

Employers can use Bill C-12 as a reason to review their HR systems.

Hiring and Recruitment

Onboarding

Work Permit Tracking

Privacy

Human Rights

If Status Becomes Unclear

Policies Employers Should Review

Bill C-12 is a good trigger for employers to review several HR policies.

Recruitment and Hiring Policy

This policy should explain fair hiring practices, lawful work-authorization verification, and prohibited discrimination.

Equal Opportunity / Anti-Discrimination Policy

This policy should make it clear that candidates and employees must not be treated unfairly based on protected grounds such as race, ethnicity, place of origin, citizenship-related grounds where protected, or other human rights grounds.

Onboarding Policy

This policy should identify what documents are collected, when they are collected, and who reviews them.

Employee Records Policy

This policy should explain how employment records are stored, accessed, retained, and destroyed.

Privacy and Confidentiality Policy

This policy should address sensitive personal information, including immigration-related documents.

Work Authorization Tracking Procedure

This may be a separate internal HR procedure. It should explain how expiry dates are tracked and what HR should do before a document expires.

Manager Training Policy

Managers should know what they can and cannot ask during hiring, scheduling, performance management, and workplace discussions.

Temporary Foreign Worker Procedure

Employers who hire temporary foreign workers may need a more detailed internal procedure covering work permit conditions, role changes, worksite changes, expiry tracking, document storage, and escalation to professional advice.

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What Students and Workers Should Know

Students and workers should also avoid panic.

Bill C-12 being law does not mean every student, worker, or newcomer loses work authorization. The impact depends on the person’s specific immigration status, documents, application history, location, and circumstances.

Students and workers should:

Employers should be careful here. Employers can ask for documents required for employment, but they should not provide immigration advice unless they are authorized and qualified to do so.

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What Employers Should Say Internally

A positive internal message could look like this:

Bill C-12 is now law in Canada. It is mainly an immigration and border-system law, not a workplace statute. Employees do not need to panic. Our organization will continue to follow fair hiring, privacy, human rights, and work-authorization practices. If your role requires updated work-authorization documentation, HR may contact you as part of our normal process. We will handle all personal information confidentially and respectfully.

This type of message reduces fear while showing that the employer is organized.

What Employers Should Avoid Saying

Employers should avoid statements like:

“Because of Bill C-12, we are no longer hiring foreign workers.”

“International students are now too risky.”

“We need to replace workers with immigration documents.”

“Anyone without PR should be reviewed for termination.”

“Managers should ask employees about their immigration history.”

“Only citizens should apply.”

These statements are risky, unnecessary, and potentially discriminatory.

A calm compliance message is much better.

Does Bill C-12 Mean Employers Need a New Policy?

Not always.

Most employers do not need a standalone “Bill C-12 Policy.”

Instead, employers should update or strengthen existing policies and procedures around:

For some employers, especially those with many temporary foreign workers or international student employees, a separate Work Authorization and Immigration-Linked Employment Procedure may be useful.

This should be written carefully and reviewed by appropriate legal or HR professionals.

How This Connects to HR Compliance

HR compliance is not only about minimum wage, vacation pay, termination notice, and health and safety.

It also includes the systems employers use to make lawful, fair, and documented workplace decisions.

Bill C-12 is a reminder that employers should know:

In other words, Bill C-12 does not turn employers into immigration officers. But it does remind employers that immigration-linked employment issues should not be handled casually.

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Employer Risk Areas to Watch

1. Inconsistent Hiring Practices

If one manager asks newcomers for detailed documents but does not ask others, that inconsistency can create risk.

2. Over-Collection of Documents

Collecting more information than needed creates privacy risk.

3. Missed Expiry Dates

If HR misses a work permit expiry date, the employer may face compliance problems.

4. Rushed Terminations

Terminating someone without properly verifying their status can create employment-law risk.

5. Discriminatory Assumptions

Avoiding candidates because they appear to be foreign, new to Canada, or “complicated” can create human rights risk.

6. Poor Manager Training

Managers may ask inappropriate questions if they are not trained.

7. Lack of Documentation

If an employer cannot show what process it followed, it may struggle to defend its decision later.

8. Informal Supervisor Decisions

Immigration-linked employment issues should not be handled casually by individual supervisors. HR should control the process.

9. Failure to Monitor Official Updates

Employers should monitor official Government of Canada and IRCC updates rather than relying on rumours or outdated information.

Recommended Employer Approach

The best approach is simple:

Be calm. Be consistent. Be documented. Be respectful.

Employers should not overreact to Bill C-12. They should use it as a reminder to strengthen their internal HR foundation.

A strong employer approach includes:

This is a much better response than fear, blanket rules, or rushed employment actions.

FAQ: Bill C-12 and Canadian Employers

Is Bill C-12 now law?

Yes. Bill C-12 received Royal Assent on March 26, 2026 and is now law. (canada.ca)

Does Royal Assent mean every provision affects employers immediately?

Not necessarily. Bill C-12 is law, but some practical details may depend on regulations, government orders, operational guidance, or phased implementation. Employers should monitor official Government of Canada and IRCC updates before making decisions.

Does Bill C-12 directly change employment standards law?

No. Bill C-12 is not an employment standards law. It does not directly replace provincial or federal employment standards legislation.

Should employers panic?

No. Employers should not panic. They should review their HR processes calmly, especially if they employ workers with immigration-linked work authorization.

Should students or foreign workers panic?

No. Students and workers should not rely on rumours. They should review their own documents, understand their work conditions, and seek qualified advice if they are unsure.

Can employers still hire international students?

Yes, if the student is legally authorized to work and the employer follows applicable rules. Employers should not create blanket bans against international students.

Can employers ask if someone is legally allowed to work in Canada?

Yes, employers can generally ask whether a candidate is legally authorized to work in Canada. Employers should avoid unnecessary or discriminatory questions about immigration history, nationality, race, ethnicity, or place of origin.

Should employers ask every employee for immigration documents?

Not necessarily. Employers should collect only what is needed for lawful employment and legitimate HR purposes. The process should be consistent and privacy-conscious.

What should an employer do if a work permit is expiring?

The employer should review the employee’s file, ask for updated documentation, determine whether continued work is legally permitted, and seek advice if the situation is unclear.

What is maintained status?

Maintained status, previously often called implied status, generally refers to a situation where a temporary resident applied to extend their status before expiry and may be able to remain in Canada under the conditions of their existing permit while waiting for a decision. Whether someone can continue working depends on the facts.

Does Bill C-12 mean employers can terminate workers with temporary status?

No. Employers should not terminate workers based on assumptions. Any decision should be based on verified facts, applicable law, employment standards, human rights obligations, contract terms, and legal advice where needed.

Does an employer need a Bill C-12 policy?

Usually, no. Most employers should review existing policies instead, including hiring, onboarding, privacy, employee records, anti-discrimination, and work-authorization procedures.

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Key Takeaway

Bill C-12 is now law, but employers and students should not panic.

For most employers, Bill C-12 does not create a brand-new employment standards obligation. But it does highlight an important HR reality: immigration status and work authorization can intersect with hiring, onboarding, privacy, human rights, employee records, and workforce planning.

Employers should respond with calm, practical compliance.

That means:

Bill C-12 is best understood by employers as a heads-up, not a reason to panic.

The employers who handle this well will be the ones with clear policies, trained managers, secure records, and respectful communication.

How Canada Policy Manual Can Help

Canada Policy Manual helps Canadian employers build clear, practical workplace policies for hiring, onboarding, employee records, privacy, anti-discrimination, and HR compliance.

While Bill C-12 is not an employment standards law, it is a reminder that employers need strong internal HR systems when immigration status, work authorization, and workplace documentation intersect.

A well-written policy manual can help employers create consistency, reduce confusion, train managers, and respond to sensitive workplace situations more carefully.

Disclaimer

This article is for general informational purposes only. It is not legal advice, immigration advice, or a substitute for advice from a qualified lawyer, licensed immigration professional, or HR compliance advisor.

Bill C-12 may affect individuals differently depending on their immigration status, work authorization, application history, location, and circumstances. Employers should obtain appropriate legal advice before making hiring, suspension, termination, or other employment decisions involving immigration-linked work authorization.

Canada Policy Manual does not provide legal advice and does not replace professional legal counsel.

Key Takeaways

Disclaimer: This article is for general informational purposes only. It is not legal advice, immigration advice, or a substitute for advice from a qualified lawyer, licensed immigration professional, or HR compliance advisor. Bill C-12 may affect individuals differently depending on their immigration status, work authorization, application history, location, and circumstances. Employers should obtain appropriate legal advice before making hiring, suspension, termination, or other employment decisions involving immigration-linked work authorization. Canada Policy Manual does not provide legal advice and does not replace professional legal counsel.