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Regulating AI in Canada: The Proposed AI and Data Act (Bill C-27)

Canadian Bar Review | Teresa Scassa | May 25, 2023

Regulating AI - Regulating AI in Canada:  The Proposed AI and Data Act (Bill C-27)

Canada's Bill C-27, The Digital Charter Implementation Act, features a proposed Artificial Intelligence and Data Act (AIDA).

  • Canada’s Bill C-27, The Digital Charter Implementation Act, includes a proposed Artificial Intelligence and Data Act (AIDA). If passed, the AIDA would establish a series of obligations regarding the use of anonymized data in AI systems; the design, development and making available for use of AI systems generally; and the design, development and making available for use of high-impact AI systems.
    • The bill is challenging to fully understand, as many of these obligations are left to be fleshed out in regulations, including even the definition of the “high impact” AI, to which the AIDA will apply. Oversight of the regime will be the responsibility of the Minister of Industry, who is also responsible for supporting the growth of the AI industry in Canada.

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  • The AIDA is introduced amidst a rapidly changing AI landscape and international governance initiatives from the European Union and the United States, and aims to be both 'agile' and a form of risk regulation. The scope of the AIDA and its shaping constraints, including AI's cross-sectoral nature, Canada’s constitutional division of powers, and the tendency to separately address public and private sector actors, are analyzed.
  • The paper points to the necessity for further consultation and engagement to properly regulate AI in Canada, highlighting the challenges in regulating AI and the context and constraints that have shaped the AIDA.

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