New Canada Immigration and Refugee Rules Take Effect September 7, 2026: What You Need to Know About AI Use in IRB Cases
Meta Title: New Canada Immigration and Refugee Rules Effective September 7, 2026: New AI Rules Explained
Meta Description: Canada’s Immigration and Refugee Board is introducing new AI rules effective September 7, 2026. Learn what refugee claimants, immigration appellants, lawyers and representatives can and cannot do with artificial intelligence.
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New Canada Immigration and Refugee Rules Effective September 7, 2026
Canada is introducing important new rules affecting the use of artificial intelligence in immigration and refugee proceedings.
Beginning September 7, 2026, parties appearing before the Immigration and Refugee Board of Canada (IRB) will be subject to a new Practice Notice governing how artificial intelligence can be used when preparing and submitting documents.
The new rules are particularly important for refugee claimants, immigration appellants, lawyers, immigration consultants, translators and people representing themselves before the IRB.
However, there is an important distinction that applicants should understand:
These are not blanket AI rules for every Canadian immigration application.
The new Practice Notice applies specifically to proceedings before the Immigration and Refugee Board of Canada. It does not automatically govern applications submitted directly to Immigration, Refugees and Citizenship Canada (IRCC), such as Express Entry applications, study permits, work permits, visitor visas or citizenship applications.
The goal of the new rules is to protect the authenticity, accuracy and integrity of evidence presented in Canada’s immigration and refugee proceedings.
Quick Answer: What Changes on September 7, 2026?
Starting September 7, 2026:
- AI cannot be used to generate or materially change a person’s personal evidence.
- Refugee narratives, affidavits and witness statements must reflect the person’s own knowledge and experience.
- AI-generated or materially changed text submitted to the IRB must include a declaration.
- AI-assisted translation and transcription must be disclosed.
- Parties remain responsible for checking the accuracy of AI-generated information.
- Legal cases and citations must be verified using reliable sources.
- Minor tools such as spellcheck and grammar correction may still be used when they do not materially change the content.
- The IRB may take action when parties fail to comply with the Practice Notice.
These rules apply across all four divisions of Canada’s Immigration and Refugee Board.
AI Cannot Write or Rewrite Personal Evidence
One of the most significant parts of the new Practice Notice is the restriction on using AI to create or materially alter personal evidence.
A person cannot use generative AI to produce a story and then present that story as their own evidence.
This is particularly important in refugee and immigration proceedings, where credibility and authenticity can play a major role in the outcome of a case.
Examples of personal evidence that cannot be generated or materially changed by AI include:
- Basis of Claim narratives
- Affidavits
- Witness statements
- Personal accounts of events
- Other evidence reflecting a person’s knowledge or experiences
The principle behind the rule is straightforward:
Personal evidence must come from the person who actually experienced or witnessed the events.
For example, an individual should not enter a rough description of their refugee experience into an AI platform and ask the system to produce a polished refugee narrative.
Similarly, AI should not be used to rewrite a person’s story in a way that materially changes the wording, substance or presentation of their evidence.
AI also cannot be used to create or alter photographs, videos, screenshots or other corroborating evidence.
Can You Still Use Spellcheck and Grammar Tools?
Yes—but there are limits.
The new IRB rules do not prohibit every form of technological assistance.
Minor functions such as:
- Spellcheck
- Basic grammar correction
- Formatting assistance
may still be used when they do not generate evidence or materially change the wording or substance of the document.
This distinction is extremely important.
Correcting a spelling mistake is different from asking AI to rewrite a refugee claimant’s personal history.
Improving the formatting of a document is different from asking an AI system to create an affidavit.
The key question is whether the technology is simply assisting with minor corrections or whether it is generating or materially changing the evidence itself.
When in doubt, individuals involved in IRB proceedings should exercise caution and seek appropriate professional guidance.
New AI Declaration Requirements for Documents Submitted to the IRB
Another major change taking effect September 7 is the requirement to disclose certain uses of artificial intelligence.
If AI is used to generate or materially change text in a document submitted to the Immigration and Refugee Board of Canada, the document must include an AI declaration.
The purpose of the declaration is to confirm that:
- AI was used to create or materially change text;
- The AI-generated content has been reviewed and verified; and
- Any cited legal authorities or case law have been checked for authenticity.
This requirement reinforces an important principle:
The person submitting the document remains responsible for its accuracy.
Using AI does not transfer responsibility to the technology.
Applicants, representatives and other parties remain accountable for the information and documents they submit.
Minor assistive functions such as ordinary spellcheck, grammar correction and formatting assistance generally do not require an AI declaration when they do not generate or materially change the wording of the document.
AI-Assisted Translation and Transcription Must Be Disclosed
The new rules also address the growing use of artificial intelligence for translation and transcription.
If AI is used to assist with translation or transcription for material submitted to the IRB, that use must be disclosed.
This is particularly important because immigration and refugee proceedings often involve evidence in multiple languages.
AI may be capable of assisting with translation, but technology does not remove the responsibility to ensure that the final document is accurate.
Where the applicable IRB rules require a human translator’s declaration, that requirement continues.
If AI was used to assist with the translation, the human translator must disclose that assistance.
The message is clear:
AI assistance does not replace human responsibility for the accuracy of translated evidence.
Legal Cases and Citations Must Be Verified
Generative AI can sometimes produce inaccurate information, including legal principles or case citations that do not exist.
For this reason, the new Practice Notice places responsibility on parties to verify legal information before presenting it to the Board.
AI-generated legal summaries should not be treated as final legal authorities.
Any legal principles, case law or citations generated or suggested through AI should be checked against reliable sources.
Reliable sources may include:
- Official government websites
- Court decisions
- Recognized legal databases
- Trusted legal publications
- Public legal resources such as CanLII
This requirement is particularly relevant for lawyers, immigration consultants and other representatives preparing legal submissions.
Before submitting a document, the person responsible should confirm that every legal authority cited is genuine, relevant and accurately represented.
Parties Must Be Ready to Explain How AI Was Used
The new rules go beyond simply adding an AI declaration.
Parties may be required to answer questions about how artificial intelligence was used in their case.
If the authenticity or accuracy of a document is questioned, the person submitting the material should be prepared to explain its preparation.
This means individuals should not treat AI disclosure as a simple administrative box to tick.
Anyone using AI in connection with an IRB proceeding should understand:
- What the technology was used for
- Which parts of a document were affected
- Whether AI materially changed the content
- How the information was reviewed
- How accuracy was verified
The responsibility for the final document remains with the person submitting it.
Do Not Use AI to Make Submissions Longer
The IRB has also warned against using artificial intelligence to fill submissions with unnecessary or irrelevant information.
More pages do not automatically make a case stronger.
A long submission containing generic AI-generated material may actually make it harder to identify the facts and legal issues that genuinely matter.
Submissions should remain focused on:
- The facts of the specific case
- Relevant evidence
- Applicable law
- The issues before the Board
AI should not be used simply to produce more content.
In immigration and refugee proceedings, relevance, accuracy and credibility are far more important than volume.
Privacy Risks When Using AI for Immigration and Refugee Cases
Another important consideration is privacy.
Immigration and refugee cases often involve highly sensitive personal information.
Documents may contain information about:
- Persecution
- Violence
- Family members
- Medical or personal circumstances
- Political activities
- Religious or social experiences
- Immigration history
- Security concerns
Before entering sensitive information into an AI platform, users should understand how that information may be processed, stored or protected.
Not every AI platform offers the same level of privacy or security.
Individuals should therefore exercise extreme caution when dealing with confidential information.
This is especially important in refugee matters, where disclosure of sensitive information could potentially create serious consequences for the claimant or family members.
What Happens If You Do Not Follow the New AI Rules?
The Immigration and Refugee Board may take action if a party fails to comply with the Practice Notice.
Depending on the circumstances, potential consequences may include:
- Refusing to accept a document for filing
- Declining to rely on submitted material
- Drawing negative conclusions about the credibility of evidence
- Taking action involving counsel or authorized representatives
- Reporting concerns involving representatives to the appropriate professional regulatory authority
- Restricting or prohibiting counsel from appearing before the IRB
- Taking other actions considered necessary by the Board
The consequences will depend on the specific circumstances of the case.
However, the new rules make one point very clear:
AI-generated evidence should never be presented as authentic personal evidence.
Credibility is extremely important in immigration and refugee proceedings, and parties should take these requirements seriously.
Which Immigration and Refugee Cases Are Covered?
The Practice Notice applies across all four divisions of Canada’s Immigration and Refugee Board.
1. Refugee Protection Division
The Refugee Protection Division deals with refugee protection claims and determines whether an individual qualifies for protection under Canada’s refugee protection system.
2. Refugee Appeal Division
The Refugee Appeal Division handles certain appeals relating to decisions made on refugee protection claims.
3. Immigration Division
The Immigration Division handles matters including admissibility hearings and detention reviews.
4. Immigration Appeal Division
The Immigration Appeal Division deals with certain immigration appeals, including matters that may involve:
- Family sponsorship appeals
- Certain removal order appeals
- Residency obligation appeals
- Other immigration-related appeal matters within its jurisdiction
Anyone involved in proceedings before these divisions should understand the new AI rules before submitting documents after September 7, 2026.
Do These New Rules Apply to Express Entry and Study Permit Applications?
Generally, the Practice Notice applies to proceedings before the Immigration and Refugee Board of Canada.
It does not automatically apply to every application submitted directly to IRCC.
For example, the Practice Notice itself is not a general AI rule governing:
- Express Entry applications
- Study permit applications
- Work permit applications
- Visitor visa applications
- Permanent residence applications submitted through IRCC programs
- Citizenship applications
These processes are handled through different administrative systems and authorities.
However, applicants should always remember that honesty, accuracy and authenticity remain important in all Canadian immigration applications.
Submitting false information, fabricated documents or misleading evidence can have serious immigration consequences regardless of whether a specific AI Practice Notice applies.
Who Should Pay the Most Attention?
The new rules are especially important for:
- Refugee claimants
- People preparing a Basis of Claim narrative
- Witnesses preparing statements
- Individuals submitting affidavits
- Refugee appellants
- Immigration appellants
- People facing admissibility proceedings
- Individuals involved in detention reviews
- Family sponsorship appellants
- People appealing residency obligation decisions
- Immigration lawyers
- Regulated Canadian immigration consultants authorized to appear before the IRB
- Self-represented parties
- Translators working with IRB documents
If you are involved in an IRB proceeding, it is important to understand what type of AI assistance may be permitted, what must be disclosed and what uses are prohibited.
What You Should Do Before September 7, 2026
If you have an upcoming immigration or refugee proceeding before the IRB, consider taking the following steps:
1. Review Your Documents Carefully
Ensure that personal narratives, affidavits and witness statements accurately reflect the person’s own knowledge and experience.
2. Identify Any AI Assistance Used
Review whether AI was used to generate or materially change any part of a document.
3. Do Not Use AI to Create Personal Evidence
Do not ask AI to write a refugee narrative, affidavit, witness statement or other personal evidence for submission to the IRB.
4. Check Translation and Transcription Processes
If AI was used to assist with translation or transcription, ensure the required disclosure requirements are followed.
5. Verify Legal Information
Never rely solely on an AI-generated legal citation or legal summary.
Verify cases and legal authorities using reliable sources.
6. Protect Sensitive Information
Be cautious about entering confidential immigration or refugee information into public or unsecured AI tools.
7. Seek Professional Guidance Where Necessary
Immigration and refugee cases can involve complex legal and procedural requirements.
If you are unsure about how the new rules affect your specific proceeding, consider obtaining advice from a qualified and authorized professional.
Frequently Asked Questions
What are the new Canada immigration and refugee rules taking effect September 7, 2026?
The Immigration and Refugee Board of Canada is introducing a new Practice Notice governing the use of artificial intelligence in IRB proceedings. The rules include restrictions on using AI to generate or materially change personal evidence and new disclosure requirements for certain AI use.
Can AI be used to write a refugee claim in Canada?
AI cannot be used to generate or materially change personal evidence such as a Basis of Claim narrative, affidavit or witness statement for an IRB proceeding. These documents must reflect the person’s own knowledge and experience.
Can I use Grammarly or spellcheck for an IRB document?
Minor assistive functions such as spellcheck, grammar correction and formatting assistance may be used when they do not generate the evidence or materially change its wording or substance.
Do I have to declare AI use in an IRB proceeding?
If AI is used to generate or materially change text in a document submitted to the IRB, a declaration is required. Minor assistive functions that do not materially change the content generally do not require the declaration.
Does AI-assisted translation have to be disclosed?
Yes. AI assistance used for translation or transcription must be disclosed. Existing requirements relating to human translator declarations continue to apply.
Do these new rules apply to Express Entry applications?
The new Practice Notice applies specifically to proceedings before Canada’s Immigration and Refugee Board. It does not automatically apply to Express Entry and other applications submitted directly to IRCC.
Final Thoughts
Artificial intelligence is becoming increasingly common in everyday life, including immigration-related work.
However, Canada’s new IRB Practice Notice draws a clear line between using technology for limited assistance and allowing technology to create or materially alter personal evidence.
From September 7, 2026, people involved in immigration and refugee proceedings before the Immigration and Refugee Board of Canada should be especially careful about how AI is used.
The safest approach is simple:
Your personal story should remain your own. Your evidence should remain authentic. And every document submitted to the IRB should be accurate, verifiable and properly prepared.
At GFK Immigration Inc., we encourage applicants and families to stay informed, prepare carefully and seek appropriate professional guidance when navigating Canada’s immigration system.
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Disclaimer: This article is provided for general informational purposes only and should not be considered legal advice. Immigration and refugee matters can be complex, and requirements may depend on the facts of each individual case.
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