On June 16, 2022, Industry Minister François-Philippe Champagne and Justice Minister David Lametti introduced the Digital Charter Implementation Act, 2022 (Bill C-27), a bill that would overhaul Canada’s existing legal framework for personal information protection in the private sector. In the Canadian government’s news release, Industry Minister Champagne stated that Bill C-27, if enacted, will “give businesses clear rules to support their efforts to innovate with data and will introduce a new regulatory framework for the responsible development of artificial intelligence systems, while recognizing the need to protect young people and their information.” Bill C-27 is similar to former Bill C-11, which died in the 2021 legislative session.
Bill C-27 would modernize Canada’s approach to private sector data protection and introduce new rules related to artificial intelligence (“AI”). Specifically, Bill C-27 would establish three new statutes:
- the Consumer Privacy Protection Act (“CPPA”), would repeal and replace the Personal Information Protection and Electronic Documents Act with a more robust framework in line with the General Data Protection Regulation;
- the Personal Information and Data Protection Tribunal Act, which would establish an administrative tribunal for organizations and individuals to seek a review of Privacy Commissioner decisions, as well as impose administrative monetary penalties for certain violations of the CPPA; and
- the Artificial Intelligence and Data Act, which would regulate the development and deployment of high-impact AI systems, establish an AI and Data Commissioner and outline criminal prohibitions and penalties for certain uses of AI.