New Canadian Immigration and Refugee Rules Take Effect September 7

Canada will introduce new rules on September 7, 2026, governing the use of artificial intelligence in proceedings before the Immigration and Refugee Board of Canada (IRB).

The rules prohibit the use of AI to create or make substantial changes to personal evidence submitted in immigration and refugee cases. IRB Chairperson Manon Brassard signed the new procedural notice on July 10, 2026.

Ban on Creating or Substantially Changing Personal Evidence

The new rules prohibit the use of AI to write or rewrite refugee claimants’ personal narratives, including Basis of Claim forms, affidavits and witness statements.

The restrictions also cover the creation or substantial modification of photographs, videos, screenshots and other supporting evidence.

The Board says personal evidence must reflect the claimant’s actual knowledge and personal experience, rather than content generated by AI based on instructions provided by the user.

Proofreading Remains Permitted

The rules do not prohibit all forms of AI-assisted technology. Spelling, grammar and formatting tools remain permitted, provided they do not create or substantially change the content.

The Board does not set a specific word count or percentage to determine what constitutes a “substantial change.” Instead, the assessment will depend on the nature of the changes and the extent to which AI has altered the wording or substance of the content.

Disclosure Required When AI Is Used

If a party uses AI to create or substantially change a document, they must provide an AI-use declaration with the document.

The declaration must confirm that AI was used, that the resulting content was reviewed and that its accuracy was verified, including any legal decisions or references cited in the document.

Parties may also provide additional information about the AI tool used and the reason for using it, but this information is optional.

AI Translation and Transcription

The use of AI for translation or converting audio recordings into text must also be disclosed.

The rules do not prohibit AI-assisted translation. However, all existing translation requirements must still be met, including the required declaration by a human translator, who remains responsible for the accuracy of the translated document.

Legal References Must Be Verified

The Board is also warning against relying on AI for unverified legal information.

Parties must check legal principles, decisions and case-law references using reliable legal sources, including legal databases, official government websites and trusted platforms such as CanLII.

An AI-generated summary is not considered sufficient to verify the accuracy of a legal reference.

Possible Action Against Non-Compliant Evidence

The Immigration and Refugee Board may take action when the new rules are not followed, including refusing to accept a document or declining to rely on it in a proceeding. The use of unreliable evidence may also affect how its credibility is assessed.

In cases involving lawyers or authorized representatives, the Board may refer information to the appropriate regulatory authorities. It may also restrict or prevent a legal representative from appearing before the Board.

A violation does not automatically result in all of these measures. Any action will depend on the circumstances of each case.

Rules Apply to All Four IRB Divisions

The new rules apply to all four divisions of the Immigration and Refugee Board of Canada:

• Refugee Protection Division
• Refugee Appeal Division
• Immigration Division
• Immigration Appeal Division

The rules cover refugee claims and appeals, detention reviews, admissibility hearings, residency obligation matters, some appeals involving removal orders and other proceedings before the Board.

Rules Do Not Apply to All Canadian Immigration Applications

The new notice specifically applies to proceedings before the Immigration and Refugee Board of Canada. It does not establish a general set of rules governing AI use in all Canadian immigration applications.

As a result, the rules do not automatically apply to Express Entry applications, study permits or work permits. They also do not automatically apply to visitor visa applications or citizenship applications submitted to Immigration, Refugees and Citizenship Canada (IRCC).

Privacy Warning

The Board is urging parties to exercise caution when entering personal or sensitive information into AI tools, as some services may not provide adequate protection for personal data.

This warning is particularly important in refugee cases, which can involve sensitive information about persecution, violence and personal circumstances.

The Board also emphasizes that claimants and other parties remain responsible for the accuracy and authenticity of the information and evidence they submit.

The new rules will take effect on September 7, 2026.