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101 Can. B. Rev. 1 (2023)

handle is hein.journals/canbarev101 and id is 1 raw text is: Vol. 101 2023 No. 1 REGULATING Al IN CANADA: A CRITICAL LOOK AT THE PROPOSED ARTIFICIAL INTELLIGENCE AND DATA ACT Teresa Scassa* Canada's Bill C-27, The Digital Charter Implementation Act, includes a proposed Artificial Intelligence and Data Act (AIDA). If passed, the AIDA would establish a series of obligations regarding the use of anonymized data in AI systems; the design, development and making available for use of AI systems generally; and the design, development and making available for use of high-impact AI systems. The bill is challenging to fully understand, as many of these obligations are left to be fleshed out in regulations, including even the definition of the high impact AI, to which the AIDA will apply. Oversight of the regime will be the responsibility of the Minister oflndustry, who is also responsible for supporting the growth of the AI industry in Canada. This paper analyzes the AIDA and the context into which it was introduced. This context includes a rapidly evolving AI landscape, as well as important governance initiatives emerging internationally, including from the European Union and the United States. It also explores a set of constraints on Canadian law and policy developments in this space. Part 2 considers how the AIDA is meant to be both 'agile' and a form of risk regulation, and it measures the AIDA against these concepts. In Part 3, the paper considers the scope of the AIDA and afew of the particular constraints that shaped it. These include: the cross-sectoral nature of AI technology, Canada's constitutional division of powers, and the Canadian tendency to Canada Research Chair in Information Law and Policy, University of Ottawa, Faculty of Law, Common Law Section. I gratefully acknowledge the support of the Canada Research Chairs Program, and Al & Society Initiative at the Centre for Law, Technology and Society, University of Ottawa. My thanks to the anonymous peer reviewers of this paper for their helpful comments. THE CANADIAN BAR REVIEW LA REVUE DU BARREAU CANADIEN

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