Canada has introduced new restrictions on the use of artificial intelligence (AI) in immigration and refugee tribunal proceedings, requiring applicants to ensure that their personal evidence reflects their own experiences and testimony.
The Immigration and Refugee Board of Canada (IRB) implemented its new practice notice on September 7, 2026. Under the rules, parties must not use AI to draft or materially alter personal evidence, including Basis of Claim narratives, affidavits and witness statements.
The restrictions apply to applicants, appellants, lawyers, immigration representatives and people representing themselves before the IRB. They also cover relevant supporting evidence, including photographs, videos and screenshots.
However, Canada has not introduced a blanket ban on AI use across all immigration applications. The new practice notice applies specifically to proceedings before the IRB and does not itself prohibit the use of AI when preparing routine applications submitted to Immigration, Refugees and Citizenship Canada (IRCC).
For Indian nationals planning to apply for Canadian permanent residence, a visitor visa, a study permit or a work permit, understanding this distinction is essential.
Official details are available in the IRB’s practice notice on artificial intelligence.
What Do Canada’s New IRB Artificial Intelligence Rules Prohibit?
The new rules establish boundaries around how AI can be used to prepare documents submitted during immigration and refugee tribunal proceedings.
The central restriction concerns material that reports or reflects an individual’s own evidence. According to the IRB, personal narratives and testimony must be based on the person’s knowledge and experiences rather than content generated or materially changed by an AI system.
The restrictions include using AI to:
Draft a Basis of Claim narrative.
Draft an affidavit or witness statement.
Rewrite or substantially alter a person’s personal account.
Generate or materially alter photographs, videos or screenshots submitted as evidence.
Create or change other supporting material that is intended to corroborate a person’s evidence.
This distinction is particularly important for refugee claimants. Their statements may describe persecution, threats, personal experiences or other circumstances relevant to their claims. Such evidence must accurately reflect what the individual knows and experienced.
An applicant should not provide basic facts to an AI chatbot and ask it to turn those facts into a substantially rewritten personal story for submission to the tribunal.
The IRB’s policy is intended to protect the integrity and reliability of evidence used in proceedings.
Can Refugee Claimants Use ChatGPT to Write a Basis of Claim Form?
Under the new IRB practice notice, parties must not use ChatGPT or another AI system to draft or materially change a Basis of Claim narrative.
The same restriction applies to affidavits and witness statements that reflect a person’s evidence.
For example, a claimant should not ask an AI tool to invent details, expand a personal account, reorganise it into a substantially rewritten narrative or make the account more persuasive for a hearing.
Basic technical assistance is treated differently. The notice allows limited uses such as spellchecking, grammar correction and formatting, provided these functions do not generate evidence or materially change the meaning or wording of the person’s account.
The practical distinction is between correcting minor technical errors and using AI to create or substantially rewrite the evidence itself.
People preparing refugee claims should read the official instructions carefully and seek qualified legal assistance if they are unsure whether a particular form of editing is permitted.
Which Immigration and Refugee Proceedings Are Covered?
The practice notice applies across all four divisions of the Immigration and Refugee Board of Canada.
These divisions deal with different types of immigration and refugee matters, including:
Refugee Protection Division (RPD): Refugee protection claims.
Refugee Appeal Division (RAD): Eligible appeals of refugee protection decisions.
Immigration Appeal Division (IAD): Certain immigration appeals, including specified sponsorship and removal-order appeals.
Immigration Division (ID): Admissibility hearings and detention reviews.
The rules apply to parties and their counsel, including people who represent themselves without a lawyer.
Applicants should remember that the IRB is an independent tribunal, while IRCC administers many immigration and citizenship programs. The new practice notice governs the tribunal’s proceedings rather than every interaction with Canada’s immigration department.
Is Spellchecking and Grammar Correction Still Allowed?
Yes. The IRB notice permits basic assistive functions, including spellchecking, grammar correction and formatting, as long as they do not generate evidence or materially change the person’s account.
Consider the following examples:
Generally permitted under the notice
Correcting a minor spelling mistake.
Fixing a basic punctuation error.
Adjusting document formatting without changing the content.
Prohibited or potentially non-compliant
Asking AI to rewrite a refugee claimant’s personal story.
Generating new passages describing experiences.
Substantially changing the wording of a witness statement.
Creating or altering supporting evidence to make a claim appear stronger.
The exact application of the rules depends on what the tool does and how it affects the submitted material. Applicants should not assume that describing a substantial rewrite as grammar correction makes it acceptable.
When Must Applicants Disclose AI Use to the IRB?
The IRB permits certain other uses of AI in tribunal proceedings, but disclosure is required when AI generates or materially changes content in a submitted document, subject to the notice’s provisions for basic assistive functions.
The declaration must identify the use of AI and confirm that a named person reviewed and verified the generated material, including cited case law and other legal authorities where applicable.
Parties may also explain which AI tool they used, why they used it and whether it affected the entire document or only particular sections.
Responsibility for accuracy remains with the person or party submitting the material.
This is particularly relevant to legal submissions. AI systems can produce inaccurate statements, incorrect legal interpretations or citations to cases that do not exist. Parties should verify legal authorities against reliable sources, such as official government websites and recognised legal databases.
AI-generated content should not be submitted simply to increase the length of a legal argument. The IRB advises parties to focus on relevant material connected to the facts of their cases.
Are AI Translation and Transcription Tools Allowed?
The practice notice also addresses AI-assisted translation and transcription. Parties must disclose the use of AI for these purposes in accordance with the notice.
Applicants should pay particular attention to the rules governing translated evidence.
The requirements for a particular proceeding or document may be more restrictive than the general disclosure rule. For example, the Refugee Protection Division’s document instructions require documents in languages other than English or French to be translated by a human and prohibit the use of AI tools or online translation services to produce the required translation.
Applicants should therefore verify the specific division’s document instructions before using translation software. A general permission to disclose AI use does not override a stricter requirement for a particular type of evidence.
What Happens if Someone Violates the New AI Rules?
Failure to comply with the IRB practice notice can have significant consequences.
Depending on the circumstances, the tribunal may:
Refuse to accept a document.
Decline to rely on submitted material.
Draw negative conclusions about the credibility of evidence.
Take other action it considers necessary.
For lawyers and other representatives, consequences may extend beyond the individual proceeding. The IRB may disclose information about a representative’s conduct to their professional regulatory body or restrict or prohibit the representative from appearing before the Board.
These potential consequences make it important for applicants and representatives to understand the rules before submitting documents.
A person should also be prepared to answer questions about the use of AI and establish the authenticity and accuracy of documents when requested.
Does Canada Ban AI in Express Entry, Visitor Visas and Study Permits?
No. The September 7, 2026, IRB practice notice does not establish a general prohibition on using AI when preparing routine applications submitted directly to IRCC.
This distinction matters for Indian nationals considering different Canadian immigration pathways.
Immigration pathway
Does the new IRB notice itself impose a blanket AI ban?
Express Entry profile
No
Canadian permanent residence application submitted to IRCC
No
Visitor visa application
No
Study permit application
No
Work permit application
No
Canadian citizenship application
No
Evidence submitted in an IRB proceeding
Subject to the new IRB rules
The absence of a blanket ban does not mean applicants can submit misleading, fabricated or inaccurate information. All applicants remain responsible for the truthfulness and accuracy of their submissions and must comply with the rules applicable to their application.
IRCC also has its own policies governing the department’s use of AI and automated tools. These are separate from the IRB’s rules for parties presenting evidence before the tribunal.
Applicants can consult the official IRCC website for information about immigration applications and program requirements.
What Does This Mean for Indian Applicants Applying for Canada PR?
Indian nationals preparing Canadian permanent residence applications should understand the difference between using AI as an administrative writing aid and creating evidence for a legal proceeding.
For example, an applicant may use a general AI tool to organise a personal checklist of documents or improve their understanding of publicly available immigration instructions. However, the applicant must independently verify information and follow the applicable application requirements.
The new IRB rules become particularly important if an immigration or refugee matter proceeds before the tribunal.
Applicants should take the following precautions:
Keep personal evidence authentic. Ensure that personal statements accurately reflect the applicant’s own experiences and knowledge.
Avoid AI-generated personal narratives in IRB proceedings. Do not ask AI to draft or materially rewrite evidence that must reflect personal testimony.
Verify legal information. Check legislation, case citations and procedural requirements against authoritative sources.
Follow translation requirements. Confirm whether a human translation is mandatory for the specific proceeding and document.
Protect confidential information. Avoid entering sensitive personal or legal information into AI services without considering their privacy and security safeguards.
Seek qualified advice where necessary. A lawyer or appropriately authorised immigration representative can help explain the requirements applicable to a particular case.
The rules do not automatically affect every Canadian PR application in the same way. Their direct scope is proceedings before the IRB.
Why Has Canada Introduced Restrictions on AI-Generated Evidence?
Artificial intelligence can help people process information, but generative systems can also produce fabricated details, inaccurate statements and misleading documents.
These risks can be especially serious in refugee and immigration proceedings, where a tribunal may need to assess personal testimony, supporting evidence and legal arguments.
The IRB’s practice notice places responsibility for the accuracy of submitted material on the parties and their counsel. It also seeks to ensure that AI-generated legal content is verified and that sensitive information is handled carefully.
The notice was signed by IRB Chairperson Manon Brassard on July 10, 2026, and took effect on September 7, 2026.
The policy does not prohibit every use of artificial intelligence. Instead, it distinguishes between limited technical assistance, permitted uses subject to disclosure and verification, and prohibited AI generation or material alteration of personal evidence.
Frequently Asked Questions About Canada’s AI Immigration Rules
- Can I use ChatGPT to write my refugee claim in Canada?
No. The IRB prohibits using AI to draft or materially change a Basis of Claim narrative, affidavit, witness statement or other material reflecting a person’s evidence. Limited spellchecking and grammar correction are allowed when they do not generate evidence or materially change the account.
- Can AI improve the wording of my Basis of Claim form?
AI must not be used to substantially rewrite the personal narrative. Basic technical corrections may be permitted, but applicants should avoid asking AI to expand, reconstruct or make their personal story more persuasive.
- Do I have to disclose AI use to the IRB?
Disclosure is required when AI generates or materially changes content in a document submitted to the IRB, in accordance with the practice notice. The declaration must identify the AI use and confirm that a named person reviewed and verified the material. Basic spellchecking, grammar correction and formatting assistance do not require the same disclosure when they remain within the notice’s permitted limits.
- Is AI banned for Express Entry applications in 2026?
No. The IRB notice does not create a blanket AI ban for Express Entry profiles or applications submitted directly to IRCC. Applicants must still ensure that all information and documents are accurate and comply with the relevant program requirements.
- Can I use Google Translate for refugee documents?
Do not assume that online translation is acceptable for documents submitted to the IRB. The Refugee Protection Division’s instructions require human translation for documents in languages other than English or French and prohibit AI tools or online translation services from producing the required translation. Check the rules for the specific proceeding.
- What happens if an applicant submits AI-generated personal evidence?
The IRB may refuse the document, decline to rely on it or draw negative conclusions about the credibility of the evidence. Representatives may also face professional or tribunal-related consequences.
- Does the new rule apply to Canadian citizenship applications?
The practice notice does not create a general AI prohibition for citizenship applications submitted to IRCC. However, if a matter falls within an IRB proceeding, the tribunal’s applicable rules must be followed.
- Where can I read the official IRB AI policy?
Read the Immigration and Refugee Board of Canada’s official practice notice for the precise restrictions, disclosure requirements and effective date.
Conclusion
Canada’s new AI rules represent an important change for people involved in immigration and refugee tribunal proceedings. Effective September 7, 2026, the IRB restricts the use of AI to generate or materially rewrite personal evidence, while allowing certain limited technical assistance and other uses subject to applicable disclosure and verification requirements.
The change should not be mistaken for a complete ban on AI across Canada’s immigration system. Express Entry, visitor visas, study permits, work permits, citizenship applications and other routine IRCC applications are not covered by a blanket prohibition under this practice notice.
For Indian applicants, the key is to understand which authority is handling the matter, verify the applicable rules and ensure that every submitted document is accurate and authentic.
Always consult official Government of Canada guidance before making decisions about your immigration application.
