Canada Introduces New AI Rules for Immigration and Refugee Proceedings
Canada has introduced new rules governing the use of artificial intelligence (AI) in immigration and refugee proceedings. The new practice notice issued by the Immigration and Refugee Board of Canada (IRB) came into force on September 7, 2026.
The new rules are designed to protect the accuracy, authenticity and integrity of documents submitted during proceedings before the IRB. They apply to all four divisions of the Board and place responsibility on applicants, representatives and other parties for the accuracy of material submitted with the help of AI.
What Are the New AI Rules for Canadian Immigration Proceedings?
The Immigration and Refugee Board of Canada has issued a new Practice Notice on the Use of Artificial Intelligence in IRB Proceedings.
The notice explains what parties can and cannot do when using AI tools to prepare documents or other materials for an immigration or refugee proceeding.
The rules recognize that AI tools can be useful for certain tasks, but they also highlight the risk that AI may produce false, fabricated or inaccurate information.
Under the new rules, people appearing before the IRB remain responsible for everything they submit, even when AI has been used to prepare or translate the material.
When Did the New Rules Take Effect?
The new IRB AI practice notice came into force on September 7, 2026.
The notice applies to proceedings before all four divisions of the Immigration and Refugee Board of Canada.
This means that individuals involved in immigration and refugee proceedings should understand the new requirements before submitting documents that have been created or materially changed with the assistance of AI.
AI Cannot Be Used to Create or Change Personal Evidence
One of the most important parts of the new rules concerns personal evidence.
Parties must not use AI to generate or materially change content that reports or reflects a person's own evidence or experience.
This includes documents such as:
- Basis of Claim narratives
- Affidavits
- Witness statements
- Personal evidence
- Photographs, videos or screenshots used as corroborative evidence
For example, an applicant should not use an AI tool to rewrite their personal story or create a refugee claim narrative that does not accurately reflect their own knowledge and experience.
The IRB also prohibits the use of AI to create or materially alter photographs, videos or screenshots that are submitted as supporting evidence.
AI-Assisted Documents May Require Disclosure
The new rules do not prohibit every use of AI.
However, when AI is used to generate or materially change content in a document submitted to the IRB, the party must include a declaration stating that AI was used.
The declaration must also confirm that the AI-generated content and the authenticity of cited case law or other legal authorities have been reviewed and verified.
This requirement is important because applicants and representatives remain responsible for ensuring that information submitted to the IRB is accurate and trustworthy.
What About AI Translation?
The new rules also address AI-assisted translation.
If AI is used to assist with translation or transcription, that use must be disclosed.
At the same time, the IRB continues to require translated documents to be accompanied by a declaration from a human translator where required by the applicable rules.
AI-assisted translation does not remove the requirement for human accountability for the translated document.
Can Applicants Still Use AI for Spellchecking?
Yes. The practice notice distinguishes between AI that materially generates or changes content and minor assistive functions.
Minor functions such as spellchecking, grammar correction or formatting assistance do not require the same declaration when they do not generate or materially change the wording of the document.
However, applicants should be careful when using AI tools because the distinction between minor assistance and material content generation can be important in an immigration or refugee proceeding.
What Happens If AI Use Is Not Properly Disclosed?
The IRB may take action if a party does not follow the practice notice.
Depending on the circumstances, possible consequences may include:
- Refusing to accept a document for filing;
- Declining to rely on submitted material;
- Drawing negative inferences about the credibility of evidence;
- Disclosing information to a professional regulatory authority in certain circumstances;
- Restricting or prohibiting counsel from appearing before the IRB; and
- Taking other necessary action.
These consequences make it important for applicants and representatives to understand how AI has been used when preparing material for an IRB proceeding.
Why These AI Rules Matter for Immigration Applicants
Artificial intelligence tools are increasingly being used to draft, translate and organize documents. However, immigration and refugee applications often contain highly personal information and evidence that must accurately reflect an applicant's real circumstances.
The new IRB rules emphasize that using AI does not transfer responsibility for the information to the technology.
The person submitting the material remains responsible for ensuring that the information is accurate, verifiable and trustworthy.
What Should Applicants Do Now?
Anyone involved in an immigration or refugee proceeding before the IRB should carefully review how AI tools are being used in their case.
Applicants should:
- Keep personal statements based on their own knowledge and experience.
- Do not use AI to create or materially rewrite personal evidence.
- Verify all legal information and case citations before submitting documents.
- Disclose AI use when the new practice notice requires it.
- Ensure AI-assisted translations comply with human translator requirements.
- Keep sensitive personal information secure when using AI tools.
- Seek professional guidance when they are uncertain about how the rules apply to their case.
New AI Rules Are Now in Effect
The new AI rules for Canadian immigration and refugee proceedings are now in effect as of September 7, 2026.
The Immigration and Refugee Board's practice notice does not completely prohibit the use of AI. Instead, it establishes clear responsibilities around accuracy, disclosure, personal evidence and the protection of confidential information.
For applicants and representatives, the key message is simple: AI assistance does not remove responsibility for the accuracy or authenticity of information submitted to the IRB.
Final Takeaway
Canada's new AI rules introduce important requirements for people involved in immigration and refugee proceedings before the IRB. AI-generated or materially altered personal evidence is prohibited, while certain other uses of AI must be disclosed and carefully verified.
Anyone preparing documents for an IRB proceeding should review the current requirements and make sure that all evidence accurately reflects their own circumstances.
For the latest information, applicants should always verify the current rules through official Government of Canada and Immigration and Refugee Board of Canada sources.
Disclaimer: Immigration and refugee procedures can change over time. This article is provided for general informational purposes only and should not be considered legal or immigration advice. Applicants should verify the latest requirements through official Canadian government sources or consult a qualified immigration professional for advice based on their individual circumstances.
