Canada Canada

AI Regulation in Canada After AIDA: What Applies Now

AIDA died with Bill C-27 in January 2025. What regulates AI in Canada now: PIPEDA, Quebec Law 25, and the voluntary code.

Regulation

AIDA (not enacted); PIPEDA; Quebec Law 25; Voluntary Code of Conduct on Generative AI

Max Penalty

Proposed under AIDA: CAD 25 million or 5% of global revenue (never enacted)

Enforcing Authority

OPC; Quebec CAI; proposed AI and Data Commissioner (never created)

Official Source

ised-isde.canada.ca

Executive Summary

  • AIDA, Canada's proposed Artificial Intelligence and Data Act, died with Bill C-27 at prorogation in January 2025 and was never law.
  • AI in Canada is currently governed by existing law: PIPEDA for personal data in models and outputs, Quebec Law 25's automated-decision transparency, human rights law for discrimination, and sector regulators.
  • The OPC's joint guidance and its generative AI principles, plus the federal Voluntary Code of Conduct on generative AI (2023), set expectations without statutory force.
  • AIDA's design targeted high-impact systems with assessment, mitigation, monitoring, and disclosure duties, and penalties to CAD 25 million or 5% of global revenue.
  • Quebec is the binding outlier: since September 2023, decisions based exclusively on automated processing must be disclosed, with rights to explanation and human review.

Canada tried to legislate AI early and ended up with nothing on the books: AIDA, packaged inside Bill C-27, died at prorogation on 6 January 2025. That does not mean AI is unregulated in Canada. It means the rules live in the general law, privacy statutes first among them, with Quebec’s Law 25 imposing the only binding automated-decision rights in the country, and federal guidance filling gaps without teeth.

StatusNo dedicated federal AI statute (AIDA not enacted)
Binding todayPIPEDA; Quebec Law 25; human rights codes; sector rules
Soft lawVoluntary Code of Conduct on generative AI (2023); OPC principles
BackgroundISED AIDA page

What binds AI systems in Canada right now

Privacy law. Training data, prompts, and outputs containing personal information engage PIPEDA: identified purposes, valid consent, appropriateness under section 5(3), and safeguards. The Clearview AI finding settled that “publicly available” scraped data is not consent-free. The OPC has published principles for generative AI and joined G7 and global regulator statements pressing developers on lawful basis and transparency.

Quebec Law 25. The hard edge: exclusively automated decisions using personal information trigger mandatory disclosure, explanation on request (what data, what reasons, what factors), correction rights, and human review, in force since September 2023 and backed by penalties up to CAD 25 million or 4% of worldwide turnover, detailed in the Law 25 guide.

Everything else. Human rights legislation reaches discriminatory AI outcomes in hiring, housing, and services. OSFI’s model-risk guidance binds financial institutions. Product liability and negligence apply to AI-caused harm. Employment law constrains algorithmic management.

The AIDA design, and what returns

AIDA’s architecture (high-impact classification, risk assessment and mitigation, monitoring, public disclosure, incident reporting, a commissioner, and criminal provisions for reckless or fraudulent AI use) tracked the EU’s risk-based approach while leaving most substance to regulations, the criticism that stalled it in committee. Whether Canada reintroduces an AIDA-like statute or pivots to a lighter framework, the compliance assets that transfer are the same ones the EU AI Act demands: data governance records, impact assessments (see the combined DPIA/FRIA approach), human oversight design, and incident processes.

If your AI touches consumer-facing decisions, start with the binding layer: Quebec disclosure duties and privacy-law consent quality, and check what your digital properties collect for models and analytics with a free scan.

Frequently Asked Questions

Is there an AI law in force in Canada?

No dedicated federal AI statute. AIDA never passed. AI systems are regulated through existing instruments: privacy law (PIPEDA, provincial acts) for the personal information they process, human rights codes for discriminatory outcomes, consumer protection and tort law, and sector rules such as OSFI guidance for financial institutions.

What does Quebec require for AI decisions?

Law 25: when an enterprise uses personal information to make a decision based exclusively on automated processing, it must inform the person no later than at the decision, and on request tell them the personal information used, the reasons and principal factors, and allow corrections; a right to human review applies.

What did AIDA propose for high-impact AI?

Assessment of whether a system is high-impact, risk identification and mitigation, ongoing monitoring, plain-language publication of system descriptions, incident reporting, and an AI and Data Commissioner to administer it, with penalties to CAD 25 million or 5% of global revenue for the most serious offences.

Does PIPEDA apply to training AI models?

Yes, wherever personal information is collected or used in commercial activity, scraping included. The OPC's joint investigation of Clearview AI established that scraped public data still requires consent and appropriate purposes, and its generative-AI guidance applies the same logic to model training.

How should companies prepare absent a statute?

Anchor to the strictest binding rules you face (Quebec's transparency and human-review rights, GDPR/EU AI Act if you serve Europe), adopt a recognized framework such as NIST's AI RMF for governance evidence, and document data provenance and impact assessments so any AIDA successor is an increment, not a rebuild.

Regulatory Crosswalk

EU AI ActNIST AI RMFQuebec Law 25

Organizations subject to this regulation often operate under these overlapping frameworks. BD Emerson maps controls across frameworks to reduce duplicated compliance effort.

Evaluate your compliance posture now

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