Amendments to the Directive on Automated Decision-Making

From: Chief Information Officer of the Government of Canada

To: Deputy Heads and Departmental Chief Information Officers

Subject: Amendments to the Directive on Automated Decision-Making

Message:

Colleagues,

I am pleased to announce that the amendments to the Treasury Board Directive on Automated Decision-Making are now published following the completion of the third review of the instrument. The directive establishes measures for governing the use of automated decision systems within federal institutions. The amendments further our collective goal to reinforce transparency and accountability, protect against harm, and ensure fairness in automated decision-making.

The review identified risks and challenges to the Government of Canada’s commitment to responsible Artificial Intelligence (AI) in the federal public service. It examined trends in the regulation and use of automated systems and proposed a series of recommendations and related amendments intended to ensure that the directive continues to be effective in safeguarding the rights and interests of those subject to automated decisions.

Overall, the amendments:

1. Expand the scope of the directive to include internal services (e.g., hiring, performance management, or security screening of employees)
2. Extend the directive’s review period to 2 years and enable the GC CIO to request off-cycle reviews, as needed
3. Ensure that publication of the Algorithmic Impact Assessment (AIA) occurs before the launch of a system
4. Ensure that the findings of the peer review are made public, in full or as a summary, before the launch of a system
5. Strengthen measures related to bias testing, data governance, and explanation
6. Establish new measures supporting inclusion in the design and delivery of automation projects
7. Introduce new questions into the AIA concerning the reasons for automation and potential impacts on persons with disabilities

I seek your support to ensure that programs and services are well equipped to make the necessary adjustments. This includes ensuring that automated systems developed or procured to support administrative decisions are compatible with applicable requirements in the directive and with the government’s guiding principles for responsible AI.

The amendments came into effect on April 25, 2023. However, we recognize the need for a transition period to support implementation planning. New systems developed or procured as of April 25, 2023, will have until October 25, 2023, to transition, whereas existing systems will have until April 25, 2024, to achieve compliance with new measures in the instrument.

I have asked my office to co-develop guidance with your organizations over the coming months to better support the interpretation and implementation of the amended directive and AIA. I encourage your teams to participate actively to ensure that the products developed meet your organizational needs.

I encourage you to share these updates with assistant deputy ministers and other designated officials across your institution. We will continue working with federal institutions to support the implementation of the directive.

Should you have any questions, please send your email to: ai-ia@tbs-sct.gc.ca.

Thank you,

Catherine Luelo (She / Her / Elle)
Deputy Minister and Chief Information Officer of Canada
Government of Canada