The directive applies when the administrative decision involves full or partial automation.
Full automation
A decision is fully automated when the system makes the decision on its own about a client.
Partial automation
A decision is partially automated when the system contributes to making the decision. This contribution could be when the system:
provides information to an officer
makes an assessment or other analysis that influences, augments or assists in an officer’s decision
makes one or more decisions in a series of decisions that contribute to the final decision
Partial automation can be any automation in the decision-making process and does not have to be only a part of the final decision. For example, the directive applies when:
the final decision is made by the automated system
the final decision is made by the automated system, and an officer reviews the decision
an intermediate decision or determination is made by the system, but an officer makes the final decision
an assessment, recommendation, score, summary or other information is generated by the system and is presented to the officer during the decision-making process
When the directive does not apply in decision-making
Not all government decisions are administrative. Many decisions that the government makes do not fit the criteria of an administrative decision under the directive. Non-administrative decisions do not directly affect the rights, interests or privileges of clients.
Automating non-administrative decisions is not subject to the directive. Your departmental legal services should be consulted when help is needed to determine whether a decision is administrative.
The directive applies to a broad category of automated systems, which could range from deterministic rules-based systems to advanced AI systems.
The directive applies to more than just artificial intelligence systems
The automated decision systems could use rules, regression, advanced analytics, AI, generative AI, machine learning, neural networks, robotic process automation, natural language processing and many others.
The directive is therefore not limited to AI systems. When the automated system is used to make or assist in making an administrative decision or a related assessment about a client, that system falls within the scope of the directive.
How to know if a system is an automated decision system
To determine whether a system is an automated decision system as defined in Appendix A of the directive, consider whether the system’s performance assists or replaces human judgment, discretion or critical thought. Humans will usually apply rules with reasoning and an understanding of the context that the decision is being made in. If the system replaces or augments that process, it is in the scope of the directive.
Systems, even seemingly simple ones, could be within scope when they:
are designed to replace or automate judgment, whether they make the final decision or assist in the decision process at any point
rely on rules or criteria that were developed by humans using their experience, judgment, discretion and critical thought
developed the rules or criteria on their own or from a combination of system-developed and human-developed rules or criteria