Canadian Privacy Legislation on Hold after Trudeau Resignation
The Jan. 6 resignation of former Canadian Prime Minister Justin Trudeau effectively ended all legislative bills that haven't yet received Royal Assent, Cozen O'Connor lawyer Any Obando Ospina blogged. These included two measures pivotal in the digital sphere: The Digital Charter Implementation Act and the Online Harms Act.
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The former would have "significantly" affected Canada's privacy law landscape by overhauling the Personal Information Protection and Electronics Document Act (PIPEDA), modernizing the country's AI framework and introducing the Artificial Intelligence and Data Act, which would have established rules for AI systems used in commercial activities, Obando Ospina wrote.
The Online Harms Act aimed to create a framework for regulation of the content that platforms host, focusing on promoting online safety and mitigation of harms, particularly for minors, the blog noted.
With Parliament prorogued (discontinued but not dissolved), the bills have been terminated and will need to be reintroduced in the new session, Obando Ospina said. Alternatively, they could be introduced with unanimous consent of the House of Commons or the adoption of a motion to that effect, something she predicted is unlikely to happen "given the current political climate in Canada."
For the time being, the blog noted, businesses operating in Canada that use AI should monitor new legislative developments and companies should continue to comply with existing PIPEDA provisions.