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New IRB rules restrict AI in personal evidence and require disclosure.

The IRB's Practice Notice on artificial intelligence took effect on September 7, 2026 in all four divisions. AI must not create or materially change personal evidence, and other material AI use must be declared and verified.

September 9, 2026IRB · Practice notice

The notice applies in all four IRB divisions

The Immigration and Refugee Board of Canada (IRB) Practice Notice on the use of artificial intelligence (AI) was signed on July 10, 2026 and took effect on September 7, 2026. It applies to everyone who communicates with the IRB, including counsel and self-represented parties, in the Refugee Protection Division, Refugee Appeal Division, Immigration Division and Immigration Appeal Division.

It governs material sent to the IRB. It is not a general rule for Express Entry, visitor, study, work permit or citizenship applications processed by IRCC.

AI cannot create or materially change personal evidence

  • Do not use AI to generate or materially change a Basis of Claim narrative, affidavit or witness statement.
  • Do not use AI to rewrite a person's account or content that reflects their own knowledge and experience.
  • Do not use AI to create or alter photographs, videos, screenshots or other corroborative evidence.
  • Minor assistive tools such as spellcheck, grammar correction and formatting help remain permitted if they do not generate evidence or materially change its wording.

Other material AI use must be declared and verified

If AI is used to generate or materially change text in another document filed with the IRB, the document must include the declaration set out in the notice. The declaration names the person who reviewed and verified all AI-generated content and the authenticity of any case law or other authorities cited. No declaration is needed for minor assistive functions.

The notice also requires parties to verify legal principles and citations against reliable sources, such as legal databases, official government websites or CanLII. AI-generated summaries within those sources are not reliable sources.

AI use for transcription or translation must always be disclosed. A translated document still needs a declaration from a human translator, and the translator must say whenever AI was used in the translation.

Non-compliance can affect filing, credibility and counsel

The IRB may refuse to accept a document for filing or decline to rely on it, draw a negative inference about the credibility of the evidence, disclose information to counsel's regulator, restrict or prohibit counsel from appearing, or take any other necessary action.

For refugee files, the practical effect is that the claimant's own account must stay the claimant's own. Personal evidence should be kept separate from legal research and submissions, every authority should be checked against a reliable source, the declaration should be added where it applies, and every translator declaration should address AI assistance.

Official sources

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