AI Practice Direction: Frequently Asked Questions

Generative AI includes systems called “large language models”. These are a type of AI that can generate human-like text and images by learning from a large amount of data. While not an exhaustive list, ChatGPT, Google Gemini, and Microsoft Copilot Chat are examples of programs capable of generative AI.

A declaration is required to be used, if applicable, for documents submitted for proceedings starting on or after March 30, 2026. In instances where materials have already been filed, a letter will be issued by the assigned Case Coordinator with additional information if parties or participants are required to review previously submitted documents and provide a declaration.

No. While the AI practice direction is effective March 30, 2026, all parties and participants in any affected matters, have been advised of the new requirement. Please note, parties within any Tribunal proceeding should use the updated PO template for all matters in the future, where appropriate.

A Member may determine that generative AI was used based on their review or a challenge and with input from parties. In such cases, the Tribunal may choose to not rely on those submissions. After providing the parties an opportunity to respond, the Member may strike the documents (in part or in whole) from the record. Costs may be levied against the non-compliant party.

A declaration is expected only when generative AI is used to create content in a document. A declaration is not required if AI was used to merely suggest changes or critique content already created by a human who then considered and manually implemented the changes. Tribunal staff are unable to provide assistance or an opinion on whether a declaration is needed in your specific instance. However, it may be prudent to include the declaration out of an abundance of caution.

No, an affidavit is not required. A party and/or witness only need to include a declaration within each document where generative AI was used to create content.

There is no form, but you should include the following in any document where generative AI was used: Artificial intelligence (AI) was used to generate content in this document [at paragraphs x to y]. All content generated by AI, and the authenticity of all authorities cited in this document, has been reviewed and verified by [include the name of the individual].

The AI Practice Direction applies to all proceedings before the Tribunal, including formal and simplified mediations. You must include a declaration for each document where generative AI was used to create content. While Tribunal staff are unable to provide assistance or an opinion on whether a declaration is needed in a specific instance, it may be prudent to include the declaration out of an abundance of caution if generative AI was used in some capacity.

For any hearing event scheduled to commence on or after the effective date of March 30, 2026, materials must be accompanied by a declaration if AI was used to generate content in the document. If your initiating document did not include the required declaration, you should file a supplemental declaration identifying the portion(s) of the document generated with AI and confirming that you have reviewed and verified them for their authenticity.

• Images, renderings, and other visual materials prepared for the purpose of a Tribunal proceeding may be subject to the AI declaration requirement if generative AI was used to create them.
• Any concerns about images or renderings are addressed by the Member through the hearing process and in accordance with the OLT Rules of Practice and Procedure.
• The submission of inaccurate or misleading material may lead to the striking of those materials from the record and/or an award of costs.