Policy Briefing — Canada details initial AI and Data Act regulation consultation

Executive briefing: Canada’s Ministry of Innovation, Science and Economic Development (ISED) opened consultation on the initial set of regulations under the Artificial Intelligence and Data Act (AIDA). The paper, released 4 March 2024, seeks industry input on classifying high-impact systems, documentation obligations for AI lifecycle management, and regulator powers for audits and compliance orders.

Regulatory proposals

• High-impact criteria. Proposed regulations outline factors such as material financial harm, physical injury, and impacts on fundamental rights to determine when systems meet AIDA’s “high-impact” definition.
• Risk management artefacts. Obligations include maintaining risk assessments, incident logs, anonymisation evidence, and deployment monitoring plans that can be shared with the AI and Data Commissioner.
• Audit cooperation. The consultation contemplates mandatory cooperation clauses requiring organisations to provide algorithms, training data summaries, and third-party audit reports when ordered.

Program actions

• Comment preparation. Consolidate cross-functional feedback to submit through the Canada Gazette process, emphasising practical thresholds for high-impact designations.
• Documentation alignment. Ensure AI inventory, model cards, and impact assessments align with the structure proposed in Annex A to simplify future regulator inspections.
• Cross-border mapping. Compare AIDA obligations with EU AI Act and U.S. Executive Order requirements to harmonise governance programmes across jurisdictions.

Sources

• Artificial Intelligence and Data Act: Consultation on the initial set of regulations
• Consultation paper — Initial regulations under the Artificial Intelligence and Data Act

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