AI Legislative Guide |
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Canada, Ontario |
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(Canada)
Firm
Blake, Cassels & Graydon LLP
Contributors
Robert Percival |
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| Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)? | No. However, the Government of Ontario introduced Bill 194, the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024, which, if passed, will enact the Enhancing Digital Security and Trust Act, 2024 (“EDSTA”). |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | As currently drafted, the EDSTA seeks to regulate the use of AI systems within the public sector. It will apply to specified Ontario public-sector entities that use AI systems in certain circumstances and private-sector entities that provide AI systems to such entities. If passed, and as drafted, the public-sector entities subject to the EDSTA who use AI systems will be required to:
As drafted, the EDSTA proposes to create a foundation for responsible, transparent, accountable and secure public-sector use of artificial intelligence systems. In the debates of Bill 194, the legislature identified the importance of cooperation and consultation in drafting the legislation to ensure the legislation is designed to ensure a balance between AI innovation and ensuring AI usage and implementation is transparent, responsible, and accountable. |
| Which agency regulates the use of AI in your jurisdiction? | None. However, if passed, the EDSTA will grant specific regulation-making power to the Lieutenant Governor in Council and the Minister of Public and Business Service Delivery. |
AI Legislative Guide
Canada, Ontario
(Canada) Firm Blake, Cassels & Graydon LLPContributors Robert Percival
Updated 1 Sep 2024No. However, the Government of Ontario introduced Bill 194, the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024, which, if passed, will enact the Enhancing Digital Security and Trust Act, 2024 (“EDSTA”).
As currently drafted, the EDSTA seeks to regulate the use of AI systems within the public sector. It will apply to specified Ontario public-sector entities that use AI systems in certain circumstances and private-sector entities that provide AI systems to such entities.
If passed, and as drafted, the public-sector entities subject to the EDSTA who use AI systems will be required to:
- Provide information to the public regarding their use of the AI system;
- Develop and implement an accountability framework;
- Adopt risk-management steps prescribed by the regulations;
- Comply with any restrictions or prohibitions on the use of AI systems that may be prescribed by regulation; and
- Disclose information regarding the use of the AI system and ensure there is an individual to oversee the use of the system.
As drafted, the EDSTA proposes to create a foundation for responsible, transparent, accountable and secure public-sector use of artificial intelligence systems. In the debates of Bill 194, the legislature identified the importance of cooperation and consultation in drafting the legislation to ensure the legislation is designed to ensure a balance between AI innovation and ensuring AI usage and implementation is transparent, responsible, and accountable.
None. However, if passed, the EDSTA will grant specific regulation-making power to the Lieutenant Governor in Council and the Minister of Public and Business Service Delivery.