Digital Charter Implementation Act 2022, Part 3 ("Artificial Intelligence and Data Act")

Regulates AI systems by establishing design, development, and use requirements to prevent harm and discrimination. Requires risk assessment, mitigation, and record-keeping for high-impact systems. Imposes penalties for non-compliance and mandates ministerial oversight and public disclosure of certain AI system information.

  • Authority: Government of Canada
  • Jurisdiction: Other countries
  • Collections: Miscellaneous documents
  • Most recent activity: Proposed
  • Most recent activity date: 2022-06-16

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Unfair discrimination and misrepresentation
  • Unequal performance across groups
  • Compromise of privacy
  • Cyberattacks, weapon development or use
  • Fraud, scams, and targeted manipulation
  • Governance failure
  • Lack of capability or robustness
  • Lack of transparency or interpretability

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • AI system security vulnerabilities
  • False or misleading information
  • Disinformation, surveillance, and influence at scale
  • Overreliance and unsafe use
  • AI pursuing its own goals

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 10-12 subdomains, with strong focus on discrimination and bias (1.1, 1.3), privacy and security (2.1, 2.2), misinformation (3.1), malicious actors (4.1, 4.2, 4.3), governance (6.5), and AI system safety (7.1, 7.3, 7.4). Coverage is concentrated in fairness, security, misuse prevention, and AI safety domains.

Sector coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Agriculture, Mining, Construction & Manufacturing
  • Trade, Transportation & Utilities
  • Information
  • Finance & Insurance
  • Real Estate, Rental & Leasing
  • Professional & Technical Services
  • Scientific Research & Development Services
  • Management, Administrative & Support Services
  • Educational Services
  • Health Care & Social Assistance
  • Arts, Entertainment & Recreation
  • Accommodation, Food & Other Services

All other sectors had no coverage in this document.

Sectors Summary

This is a horizontal regulation that applies across all economic sectors engaged in international or interprovincial trade and commerce involving AI systems. The Act does not target specific industries but rather regulates AI activities broadly, with explicit exclusions only for government institutions and certain national security/defense activities.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative Act enacted by the Government of Canada with mandatory obligations, criminal and administrative penalties, enforcement mechanisms, and ministerial oversight powers.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: Government of Canada; Governor in Council; Minister of Industry
  • Summary: The document is enacted by the Government of Canada as the 'Artificial Intelligence and Data Act' and designates the Minister of Industry (or a designated member of the Queen's Privy Council) as the responsible authority. The Governor in Council has regulation-making powers.

Target

  • Entity Types: AI_Developer, AI_Deployer
  • Summary: The Act targets persons who carry out 'regulated activities' in international or interprovincial trade and commerce, specifically those who design, develop, make available for use, or manage operations of AI systems. This includes both AI developers and deployers.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Minister of Industry (or designated Minister); Federal Court; Artificial Intelligence and Data Commissioner
  • Summary: The Minister has broad enforcement powers including issuing orders, requiring audits, imposing administrative penalties, and prosecuting offences. The Federal Court can enforce ministerial orders. The Artificial Intelligence and Data Commissioner assists in administration and enforcement.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Minister of Industry (or designated Minister); Artificial Intelligence and Data Commissioner; Analysts; Independent auditors
  • Summary: The Minister monitors compliance through record reviews, audits, and notifications of material harm. The Minister can designate analysts and require independent auditors to conduct compliance audits. An advisory committee may also provide oversight advice.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Plan and Design
  • Collect and Process Data
  • Build and Use Model
  • Verify and Validate
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document covers multiple AI lifecycle stages with primary focus on Build and Use Model, Verify and Validate, Deploy, and Operate and Monitor stages. It addresses data processing, model development, risk assessment, deployment requirements, and ongoing monitoring obligations for high-impact AI systems.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Systems

Technical Scope Summary

The document explicitly defines and covers AI systems broadly, including both the technological systems themselves and their outputs (content, decisions, recommendations, predictions). It does not specifically mention frontier AI, general purpose AI, foundation models, generative AI, predictive AI, or compute thresholds. The focus is on 'high-impact systems' as a regulatory category rather than technical AI model types.

https://www.parl.ca/DocumentViewer/en/44-1/bill/C-27/first-reading#ID0EDBA
https://agora.eto.tech/instrument/1394
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Document data from AGORA, CSET Emerging Technology Observatory.