Practice notice: Use of artificial intelligence in IRB proceedings

1. Purpose

Parties^{Note 1} may be of the view that artificial intelligence (AI)^{Note 2} tools may help them to present cases before the Immigration and Refugee Board of Canada (IRB). However, there are risks with using AI tools as they may create false, fabricated, or inaccurate information.

This practice notice provides direction to all parties who communicate with the IRB on the use of content created or materially changed by AI. It applies to all four divisions of the IRB. Its purpose is to protect the integrity of the IRB’s processes.

2. Expectations on parties

Take responsibility when using AI

Parties are always responsible and accountable for what they present before the IRB. Parties using AI to build their case must ensure the AI-generated content is accurate, verifiable and trustworthy. This includes the systematic verification of legal principles and case citations, using reliable sources.^{Note 3}

Be prepared to respond

Parties should always be prepared to answer questions about their use of AI to generate material in each proceeding. When requested, parties must be able to establish the authenticity and accuracy of their documents.

Do not use AI to increase page counts

Parties should not fill their submissions with AI-generated information that does not relate to the particular facts of their case.^{Note 4} Longer submissions are not better submissions.

Consider privacy risks

Parties should exercise caution when using AI tools to ensure sensitive information is kept confidential. Some AI tools do not have sufficient security features to protect information.

3. No AI use for narratives or personal evidence

Parties must not use AI to generate or materially change content that reports or reflects a person’s evidence – such as basis of claim narratives, affidavits, or witness statements. These must be based on a person’s own knowledge and experience.

Examples of prohibited use include using an AI tool:

• to draft a basis of claim narrative, affidavit, or witness statement;
• to rewrite a person’s story; or
• to create or alter photographs, videos, screenshots, or other corroborative evidence.

This prohibition does not prevent the use of minor assistive functions, such as spellcheck, grammar correction, or formatting assistance, provided those tools do not generate the evidence or make material changes to it.

4. Declaring AI use and verifying content

If a party uses AI to generate or materially change content for a document submitted to the IRB, they must include the following declaration in the document:

Artificial intelligence (AI) was used to create or materially change text in this document. All content generated by AI, and the authenticity of any cited case law or other legal authorities, has been reviewed and verified by [name].

Parties may also include in the declaration details about what software was used, what purpose it was used for, and whether AI was used for the entire document or only for particular paragraphs.

Use of AI for transcription or translation must always be disclosed. Parties are reminded that the Rules in all divisions require translated documents to be accompanied by a declaration from a human translator. The translator must declare whenever AI was used to assist in translation.

A declaration is not required for the use of minor assistive functions, such as spellcheck, grammar correction, or formatting assistance, provided those tools do not generate or materially change the wording of the document.

5. Consequences

If a party does not follow this practice notice, the IRB may:

• refuse to accept the document for filing or otherwise decline to rely on it
• draw negative inferences about the credibility of the evidence
• disclose information to counsel’s professional regulatory authority as outlined in the Policy on Disclosing Information Regarding the Conduct of Authorized Representatives to Regulatory Bodies
• restrict or prohibit counsel from appearing before the IRB
• take any other necessary action

6. Effective date

This PN comes into effect on September 7, 2026.

Signed on July 10, 2026

Manon Brassard
Chairperson
Immigration and Refugee Board of Canada