On June 16, 2022, the Canadian government introduced Bill C-27, the Digital Charter Implementation Act, 2022.
It is a continuation of the government’s initiative to reform federal private sector privacy law. Bill C-27 replaces Bill C-11, which died on the order paper when the 2021 election was called. One of the key new elements in Bill C-27 is the proposed Artificial Intelligence and Data Act (“Canada’s AIDA“), which aims to regulate the development and encourage the responsible use of artificial intelligence (“AI“) in Canada (for our recent briefing on how Bill C-27 – including Canada’s AIDA – will impact Canadian businesses, click here).
Canada’s AIDA has drawn inspiration from the EU’s proposed Artificial Intelligence Act (the “EU’s AI Act“). The EU’s AI Act was introduced on April 21, 2021, representing a significant step to comprehensively regulate AI. Since its introduction, the EU’s AI Act has been influential in providing a model for governments seeking to regulate AI with the objective of encouraging the responsible use and overall safety of AI.
In connection with Fogler Rubinoff’s work for clients, we have developed a table (click here) comparing how Canada’s AIDA and the EU’s AI Act address the following core elements: purposes/objectives of proposed law; definition of AI system; application; risk-based approach; high-impact systems (definitions and requirements); prohibited AI systems; transparency; confidentiality; risk management; oversight; notifications; offences; and penalties.
This table illustrates the influence of the EU’s AI Act on Canada’s AIDA. It also highlights that the EU’s AI Act addresses the specifics of many key elements that are left to be articulated in the yet-to-be-published regulations under Canada’s AIDA. We want to share this table for the benefit of privacy and AI law and policy stakeholders who are studying Canada’s AIDA with a view to participating in the expected consultations to finalize Canada’s AIDA and to develop its accompanying regulations.
NOTE: This table is only a summary of key statutory provisions from Canada’s AIDA and the EU ‘s AI Act. For more information, please consult the statutory provisions directly.
Bill Hearn, Partner, Fogler Rubinoff LLP
and
David Young, Principal, David Young Law (with help from Max Samuels, Summer Law Student at Foglers)
