Computing expert Andrew Clement urges a fresh start for Canada's proposed AI regulation, citing flaws in the Artificial Intelligence and Data Act (AIDA). (IT World Canada)


February 02, 2024

The Liberal government's proposed legislation aimed at regulating artificial intelligence (AI) applications has been compared to a poorly constructed racing car by computing expert Andrew Clement. Speaking before a Parliamentary committee, Clement, a professor emeritus at the University of Toronto's faculty of information, urged the government to scrap the proposed Artificial Intelligence and Data Act (AIDA) and start anew. He emphasized the importance of genuine public consultation involving a diverse range of Canadians to develop a more effective and inclusive regulatory framework.

Innovation Minister François-Philippe Champagne, the bill's sponsor, aspires to position Canada as a global leader in AI governance. However, Clement likened the situation to an International Grand Prix where the government's AIDA vehicle, despite the proud display of the Maple Leaf, lacks a substantial chassis and engine. He expressed concerns about the minister's "agile" approach, noting that addressing issues through subsequent regulations may not provide the comprehensive solution needed.

Highlighting the challenges, Clement pointed out that the Innovation Minister would possess extensive powers, potentially conflicting with his responsibility to advance the AI industry. Additionally, he criticized the proposed structure of the AI data commissioner, arguing that the role should be an independent officer of Parliament rather than reporting to the Innovation Minister. Emphasizing the need for informed expertise, Clement stressed that public consultation, particularly with civil society representing Canadians, is essential for establishing a robust legal foundation in the rapidly evolving field of AI.

Clement urged Canada to study developments in the European Union, the United States, and other regions before finalizing its approach. He noted that while the Innovation Minister claimed to have held over 300 meetings, only nine involved civil society representing Canadians, with the majority focused on engagements with businesses, including 36 with U.S. tech giants.

Responding to concerns about the effectiveness of AIDA in its current form, Clement expressed scepticism, suggesting that it may not adequately protect Canadians. AIDA places responsibility on businesses deploying "high impact" AI technologies to use them responsibly, mitigating risks of harm and bias. Criminal prohibitions and penalties are proposed for the unlawful use of data in AI development, reckless AI deployment causing serious harm, and fraudulent intent leading to substantial economic loss through deployment.

Clement joins a growing list of critics calling for a reevaluation of AIDA. The Information Technology Industry Council emphasized the need for more consultation, proposing specific wording changes. Lorraine Krugel, vice president for privacy and data at the Canadian Bankers Association, echoed the sentiment, requesting "targeted amendments" to the legislation. Meanwhile, the European Parliament is progressing toward passing its own AI legislation later this year.

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