Montreal AI Ethics Institute Analysis

The Death of Canada’s Artificial Intelligence and Data Act: What Happened, and What’s Next for AI Regulation in Canada? | Montreal AI Ethics Institute 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 
 
 
 
 
 

 
 
 
 

 

 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 

 
 
 
 

 

 
 
 
 
 
 
 
 
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 ✍️ Op-Ed by Blair Attard-Frost , a PhD Candidate at the University of Toronto. She researches and teaches about the governance of AI systems in Canada and globally.

 

 

 Summary 

 Canada is currently experiencing a historic bout of political turbulence, and the proposed Artificial Intelligence and Data Act (AIDA) has died amidst a prorogation of Parliament. 

 The AIDA was tabled in Canada’s House of Commons in June 2022 with the ambitious goal of establishing a comprehensive regulatory framework for AI systems across Canada. However, the AIDA was embroiled in controversy throughout its life in Parliament. A chorus of individuals and organizations voiced concern with the AIDA, citing its exclusionary public consultation process, its vague scope and requirements, and its lack of independent regulatory oversight as reasons why the legislation should not become law. Though the government ultimately proposed some amendments to the AIDA in response to criticisms, the amendments did not sufficiently address the fundamental flaws in the AIDA’s drafting and development. As a result, the AIDA languished and died in a parliamentary committee, unable to secure the confidence and political will needed to proceed through the legislative process.

 The AIDA will be remembered by many as a national AI legislation failure, and in its absence, the future of Canadian AI regulation is now uncertain. A victory for the Conservative Party of Canada in an upcoming federal election seems likely. A Conservative approach to AI regulation may favor promoting AI innovation and targeted intervention in specific high-risk AI use cases over the more comprehensive, cross-sectoral framework of the AIDA. In the absence of clear and effective national AI regulation, Canadians can still regulate AI systems at smaller scales. Professional associations, unions, and community organizations in Canada and elsewhere have already created policies, guidelines, and best practices for regulating AI systems in workplaces and communities. As Canada’s political upheaval continues and new regulatory norms for AI emerge, these bottom-up approaches to AI regulation will play an important role.

 

 Introduction 

 With Canadian Parliament prorogued and a non-confidence vote and federal election looming over the country, Canada’s proposed Artificial Intelligence and Data Act has died on the table of a House of Commons committee. 

 The Artificial Intelligence and Data Act (or “AIDA” for short) will be remembered by many as an ineffective and undemocratic piece of legislation. Though the AIDA aimed to set comprehen

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