Justiceface
Justiceface
Sep 03, 2026
Canadá

Canada Implements New Rules on AI Use in Immigration Proceedings

Effective September 7, 2026, Canada's Immigration and Refugee Board (IRB) has introduced new regulations governing the use of artificial intelligence (AI) in immigration and refugee proceedings. These rules aim to ensure the integrity and authenticity of evidence presented during hearings.

Key Provisions of the New Rules

The Practice Notice, signed by IRB Chairperson Manon Brassard on July 10, 2026, outlines the following stipulations:

  • Prohibition on AI-Generated Personal Evidence: Parties are prohibited from using AI to generate or materially alter personal evidence, including Basis of Claim narratives, affidavits, and witness statements.
  • Mandatory Disclosure Requirements: The use of AI that generates or significantly modifies content in documents submitted to the IRB must be disclosed. Additionally, AI-assisted translation or transcription must always be disclosed.

Rationale Behind the Regulations

The IRB's decision to implement these rules is driven by concerns over the potential for AI to produce fabricated or misleading information, which could compromise the fairness and accuracy of proceedings. By mandating transparency and restricting certain uses of AI, the IRB aims to uphold the credibility of the immigration and refugee determination process.

Implications for Applicants and Legal Representatives

These regulations have several implications:

  • Increased Scrutiny: Applicants and their legal representatives must ensure that all evidence is authentic and not artificially generated or altered.
  • Compliance Requirements: Failure to disclose the use of AI in document preparation could result in penalties or adverse decisions.
  • Adaptation to New Standards: Legal practitioners must adapt their practices to comply with these new standards, ensuring that any AI assistance is appropriately disclosed.

Conclusion

The IRB's new rules reflect a proactive approach to maintaining the integrity of Canada's immigration and refugee system in the face of advancing technology. By setting clear boundaries on the use of AI, the IRB seeks to balance innovation with the need for reliable and truthful evidence in legal proceedings.