Guide on the Scope of the Directive on Automated Decision-Making
The Directive on Automated Decision-Making applies to departments that are using automated decision systems to fully or partially automate an administrative decision. Automated decision systems include those that rely on artificial intelligence (AI) and other technologies. The directive applies to systems developed or procured after April 2020.
Not all AI used in the federal public service falls under this directive; only AI systems involved in administrative decision-making are required to comply. For AI systems not used in administrative decision-making, other requirements, such as those concerning security, privacy and information management, still apply.
The purpose of this guidance is to explain the situations where the directive applies. It’s important to understand the boundaries of the directive in order to comply with it. Consider voluntary compliance with the directive when developing or deploying AI systems that do not fall within the scope of the directive, such as those supporting policy decisions.
Purpose of the directive
The purpose of the directive is to ensure that departments are transparent, accountable and fair in automated decision-making. It requires departments to:
assess the impacts of automated decision systems
be transparent
ensure quality
provide recourse on decisions
report publicly
The directive helps departments:
identify, assess and mitigate the risks of automated decision systems to people and departments
comply with principles of administrative law such as transparency, accountability, legality and procedural fairness
The five key elements that must be met for a system to fall within scope
Use by a department
Developed after April 1, 2020
Use within an administrative decision-making process
Replaces or assists judgment
Use in a production environment
The directive applies to departments as defined in section 2 of the Financial Administration Act : departments listed in Schedule I, Schedule I.1 and Schedule II. These departments constitute approximately 97 federal institutions.
Excluded institutions
Some institutions are excluded by virtue of their enabling legislation, such as the Canada Revenue Agency (subsection 30(2) of the Canada Revenue Agency Act ) and Invest in Canada Hub (subsection 8(2) of the Invest in Canada Act ).
The Canadian Armed Forces is not subject to the directive because it does not fall within the definition of department in the Financial Administration Act . However, National Defence is subject to the directive as it is listed in Schedule I.
The directive applies:
to automated decision systems developed or procured after April 1, 2020