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.)? | Yes, Ontario has enacted the Enhancing Digital Security and Trust Act, 2024 (“EDSTA”), which will, subject to yet to be promulgated regulations, regulate the use of AI in the Ontario public sector. |
| Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation. | 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. Regulated public-sector entities subject to the EDSTA who use AI systems will be required to:
EDSTA is intended to create a foundation for responsible, transparent, accountable and secure public-sector use of artificial intelligence systems. |
| Which agency regulates the use of AI in your jurisdiction? | EDSTA grants 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 28 Aug 2025Yes, Ontario has enacted the Enhancing Digital Security and Trust Act, 2024 (“EDSTA”), which will, subject to yet to be promulgated regulations, regulate the use of AI in the Ontario public sector.
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.
Regulated 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.
EDSTA is intended to create a foundation for responsible, transparent, accountable and secure public-sector use of artificial intelligence systems.
EDSTA grants regulation-making power to the Lieutenant Governor in Council and the Minister of Public and Business Service Delivery.