Canada - Automated Decision-Making Directive
Directive on Automated Decision-Making (Treasury Board of Canada Secretariat)
Canada
RAI-CA-NA-ADTBCXX-2019Canada - Automated Decision-Making Directive is In Force (Amended) in Canada as of 9 Sep 2026, according to publications.gc.ca.
PolicyGovernance and OversightRisk ManagementThe Directive on Automated Decision-Making, issued in 2019 by the Treasury Board of Canada Secretariat, mandates Algorithmic Impact Assessments and human oversight for federal institutions using automated decision systems. Administered by the Secretariat, it is currently In Force (Amended) and took effect on April 1, 2019.
Summary
The Directive on Automated Decision-Making is currently In Force (Amended). Issued by the Treasury Board of Canada Secretariat (TBS) under the Financial Administration Act and the Policy on Service and Digital, the Directive took effect on April 1, 2019, with full departmental compliance required by April 1, 2020. The instrument undergoes periodic mandatory reviews; its fourth and most recent update took effect on June 24, 2025, granting federal institutions running pre-existing automated decision systems until June 24, 2026 to align with updated requirements.
The Directive sets mandatory rules for federal departments using automated decision systems—including rules-based tools, predictive analytics, machine learning, and generative AI—to make or support administrative decisions affecting the legal rights, privileges, or interests of clients. It mandates the use of an online Algorithmic Impact Assessment (AIA) tool that categorizes systems into four impact tiers (Level I for minimal impact to Level IV for very high impact). Tiers dictate corresponding mitigation requirements, such as pre-deployment testing, independent peer review, public notification, plain-language explanations, human oversight, and data governance controls.
The Treasury Board of Canada Secretariat, through the Office of the Chief Information Officer (OCIO) of Canada, oversees administration and compliance. The OCIO maintains the AIA tool, publishes operational guidance on peer reviews and system scope, and conducts biennial policy evaluations. Assistant Deputy Ministers and departmental project sponsors are directly accountable for ensuring that mandatory risk assessments are completed, procedural fairness is preserved, and completed AIAs and peer review findings are published on Open Government portals prior to system production.
Enforcement occurs administratively within the federal public service through Treasury Board policy compliance mechanisms rather than statutory criminal penalties. Non-compliant departments face internal oversight escalation, compulsory remediation plans, and potential suspension or restriction of technology procurement and deployment. The Directive operates alongside statutory privacy and access-to-information laws, binding federal institutions across the Government of Canada.
Full article
Read full text ↗Overview
The Treasury Board of Canada Secretariat (TBS) Directive on Automated Decision-Making (launched 4 March 2019 and put into force 1 April 2019) establishes mandatory requirements for federal departments that use automated decision systems (ADS) to make or assist administrative decisions. It sets a proportional, impact-based approach organized around the Algorithmic Impact Assessment (AIA) that determines four impact levels (Level I to Level IV) and maps those to mitigation steps. The Directive’s objective is to ensure transparency, fairness, accountability and quality of government automated decisions while preserving citizen rights and public trust. For the primary policy text and official publication see the Government of Canada publications entry and the TBS policy page: Directive on automated decision-making (Publications GC) and the TBS portal for responsible use of AI: Responsible use of AI (Canada.ca).
Definitions
The Directive defines key terms used across the instrument. "Automated decision system (ADS)" refers to any system (including AI and machine learning, rule-based systems, or other technologies) used to make, assist, or inform an administrative decision. "Administrative decision" means decisions that affect the rights, interests or privileges of clients. "Impact level" is the result of the AIA, expressed as Level I (little/no impact) to Level IV (very high impact). "Full automation" occurs when the system makes the final decision; "partial automation" applies when the system contributes to or augments human judgment. The Directive distinguishes production systems from research/experimental systems (the latter are generally out of scope).
Governance and Institutional Framework
The Directive is owned by the Treasury Board of Canada Secretariat and operationalized by the Office of the Chief Information Officer (OCIO) within TBS. Departmental governance must assign senior accountability: deputy-head-level awareness, an Assistant Deputy Minister or equivalent sponsor, and designated project leads responsible for completing the AIA, implementing mitigations, and publishing results. The OCIO provides the AIA tool, guidance and oversight. Departments must consult their legal services and privacy officers early in the project lifecycle. See TBS guidance for roles and responsibilities: Algorithmic Impact Assessment (AIA) tool page and peer review guidance: Guide to Peer Review.
Key Focus Areas
The Directive concentrates on a set of interrelated obligations: (1) Risk assessment and impact scoring through the AIA, (2) Proportionate mitigation mapping (Appendix C) tied to impact level, including testing, bias and fairness evaluation, and peer review, (3) Transparency obligations — publishing the AIA and peer review results (or summary) before launch for systems at impact Level II and above, (4) Human oversight — ensuring appropriate human roles and ability to override or review automated outputs, (5) Data governance and privacy — conducting privacy impact assessments and ensuring secure handling of training and operational data, (6) Monitoring and measurement — post-deployment monitoring of accuracy, fairness and adverse outcomes, (7) Documentation, reproducibility and recordkeeping to support audits and accountability, and (8) Remediation and recourse — providing appeal or challenge mechanisms for affected individuals. The Directive also requires departmental legal and privacy consultations during concept and design stages to ensure compatibility with statutory obligations and administrative law principles.
Implementation Framework
Implementation is operationalized through the AIA which is mandatory and publicly available; it contains risk and mitigation questions that produce an impact-level score. For each impact level, the Directive prescribes baseline and additional measures (peer review, increased testing, monitoring frequency, human-in-the-loop rules). Departments must publish the final AIA on the Open Government Portal in accessible formats and in both official languages. The 2023 amendments tightened timing and publication requirements: AIAs should be published prior to launch, peer review findings (full or summary) should be published pre-production for higher impact systems, and internal compliance timelines were introduced to allow transition for existing systems. The OCIO offers departmental support and maintains the AIA tool. For scope and applicability guidance see TBS’s scope guide: Guide on the Scope of the Directive.
Monitoring and Evaluation
Monitoring requirements include routine operational performance checks, bias and fairness testing, outcome monitoring for adverse events, and scheduled AIA reviews (frequency determined by impact level and system change). Departments must validate mitigation effectiveness and update the AIA following changes to system functionality or scope. Reporting obligations to TBS and public reporting via the Open Government Portal enable centralized monitoring of uptake and outcomes across government. The OCIO may request information and conduct compliance assessments; departments should align monitoring schedules with reporting and review cycles identified in the Directive.
Penalties, Liability, and Appeals
As a Treasury Board policy instrument, the Directive does not create criminal penalties; enforcement is administrative and internal. Non-compliance can trigger escalation to deputy heads, mandated remediation plans, suspension or blocking of procurement or deployment, and reputational and political consequences. Departments remain subject to statutory obligations (Privacy Act, Access to Information Act) and potential review by the Office of the Privacy Commissioner. The Directive requires departments to provide procedural recourse or appeals mechanisms for affected individuals when automated decisions materially affect rights or interests.
Relationship to Other Instruments
The Directive complements existing federal instruments including the Policy on Service and Digital, Directive on Service and Digital, Privacy Act and related privacy and information management policies, and the government’s digital standards. It aligns departmental technology procurement processes with modernized procurement practices and qualified supplier lists. Guidance materials (AIA tool, peer review guidance, scope guide) and publications by TBS provide interpretive support. See the policy collection and associated documents on the Government of Canada AI pages: Responsible use of AI collection.
International Alignment
The Directive reflects international trends toward impact-based regulation of AI in the public sector and aligns with principles from OECD and other jurisdictions’ public-sector AI guidance (transparency, fairness, accountability). Canada’s approach emphasizes administrative law compatibility and public accountability and has informed, and been informed by, peer governments and international standards bodies. The Directive’s impact-tier model and the mandatory public risk assessment align with global best practices for public-sector AI governance and facilitate international interoperability on responsible AI approaches.
Implementation Timeline
| Event | Date | Notes |
|---|---|---|
| Public launch of Directive | 2019-03-04 | Announcement by TBS (news release). |
| Directive in force | 2019-04-01 | Initial implementation and departmental adoption begins. |
| AIA tool launch | 2019-05-01 | Online AIA made available to departments (tool maintained by OCIO). |
| Applicability threshold (systems developed/procured after) | 2020-04-01 | Directive applies to systems developed or procured after this date. |
| Amendments (major) | 2023-04-25 | Amendments effective; transition timelines provided for new and existing systems. |
| Fourth review / updates | 2025-06-24 | Further updates to increase transparency, accountability, and monitoring. |
Sources and References
| Source | Type |
|---|---|
| Directive on automated decision-making (Publications.gc.ca BT48-31/2021E-PDF) | Primary Source |
| Algorithmic Impact Assessment tool (Canada.ca) | Primary Source |
| Guide on the Scope of the Directive (Canada.ca) | Primary Source |
| Guide to Peer Review of Automated Decision Systems (Canada.ca) | Primary Source |
Requirements for a company
What an organisation has to do under Canada - Automated Decision-Making Directive, at a glance. Not legal advice — the table below gives the provision and deadline for each item.
Must do
7- Complete an Algorithmic Impact Assessment to determine system impact level and risk mitigations before launching any automated decision system.Canadian federal departments using automated decision systems
- Establish appropriate human oversight and ensure operators can review or override automated decision outputs.Canadian federal departments deploying automated decision systems
- Provide recourse and appeal mechanisms for individuals affected by automated decisions that materially impact their rights or interests.Canadian federal departments making administrative decisions via automated systems
- Publish completed Algorithmic Impact Assessment results on the Open Government Portal in both official languages.Canadian federal departments deploying Level II or higher automated decision systems
- Consult departmental legal services and privacy officers early in the project lifecycle during concept and design phases.Canadian federal departments developing or procuring automated decision systems
- Routinely monitor deployed systems for accuracy, fairness, bias, and adverse operational outcomes.Canadian federal departments operating automated decision systems
- +1 more in the table below
Must not do
1- Do not deploy high-impact automated decision systems without completing peer review and publishing assessment findings.Canadian federal departments deploying high-impact automated decision systems
Should do
0Nothing in this category.
Should not do
0Nothing in this category.
Who must do what
The obligations under Canada - Automated Decision-Making Directive, most serious first. Not legal advice — verify against the official text before relying on it.
| # | Who | Requirement | By when | Where | Severity |
|---|---|---|---|---|---|
| 1 | Canadian federal departments using automated decision systems | Complete an Algorithmic Impact Assessment to determine system impact level and risk mitigations before launching any automated decision system. “mandates completion of an Algorithmic Impact Assessment (AIA)” | Before launch | — | Critical |
| 2 | Canadian federal departments deploying automated decision systems | Establish appropriate human oversight and ensure operators can review or override automated decision outputs. “ensuring appropriate human roles and ability to override or review automated outputs” | Before launch | — | Critical |
| 3 | Canadian federal departments making administrative decisions via automated systems | Provide recourse and appeal mechanisms for individuals affected by automated decisions that materially impact their rights or interests. “provide procedural recourse or appeals mechanisms for affected individuals when automated decisions materially affect rights or interests” | Before launch | — | Critical |
| 4 | Canadian federal departments deploying high-impact automated decision systems | Do not deploy high-impact automated decision systems without completing peer review and publishing assessment findings. “peer review findings (full or summary) should be published pre-production for higher impact systems” | Prior to deployment | — | Critical |
| 5 | Canadian federal departments deploying Level II or higher automated decision systems | Publish completed Algorithmic Impact Assessment results on the Open Government Portal in both official languages. “publish the final AIA on the Open Government Portal in accessible formats and in both official languages” | Prior to launch | — | Important |
| 6 | Canadian federal departments developing or procuring automated decision systems | Consult departmental legal services and privacy officers early in the project lifecycle during concept and design phases. “Departments must consult their legal services and privacy officers early in the project lifecycle.” | During concept and design stages | — | Important |
| 7 | Canadian federal departments operating automated decision systems | Routinely monitor deployed systems for accuracy, fairness, bias, and adverse operational outcomes. “routine operational performance checks, bias and fairness testing, outcome monitoring for adverse events” | Post-deployment | — | Important |
| 8 | Canadian federal departments maintaining active automated decision systems | Update the Algorithmic Impact Assessment whenever system functionality, scope, or operational parameters change. “update the AIA following changes to system functionality or scope” | Following system changes | — | Important |
Related Regulations
More AI regulation in Canada
© Regulations.AI · updated on 20 Sep 2026 · reviewed against official sources on 9 Sep 2026 using Gemini 3.6 Flash