These days there’s a lot of international interest in policy and regulation where AI is concerned. So even though this is a little late, here’s what happened back in September 2023, the Canadian government came to an agreement with various technology companies about adopting a new voluntary code. Quinn Henderson’s September 28, 2023 article for the Daily Hive starts in a typically Canadian fashion, Note: Links have been removed,

While not quite as star-studded [emphasis mine] at the [US] White House’s AI summit, the who’s who of Canadian tech companies have agreed to new rules concerning AI.

What happened: A handful of Canada’s biggest tech companies, including Blackberry, OpenText, and Cohere, agreed to sign on to new voluntary government guidelines for the development of AI technologies and a “robust, responsible AI ecosystem in Canada.”

…

What’s next: The code of conduct is something of a stopgap until the government’s *real* AI regulation, the Artificial Intelligence and Data Act (AIDA), comes into effect in two years.

The regulation race is on around the globe. The EU is widely viewed as leading the way with the world’s first comprehensive regulatory AI framework set to take effect in 2026. The US is also hard at work but only has a voluntary code in place.

…

Henderson’s September 28, 2023 article offers a good, brief summary of the situation regarding regulation and self-regulation of AI here in Canada and elsewhere around the world, albeit, from a few months ago. Oddly, there’s no mention of what was then an upcoming international AI summit in the UK (see my November 2, 2023 posting, “UK AI Summit (November 1 – 2, 2023) at Bletchley Park finishes“).

Getting back to Canada’s voluntary code of conduct. here’s the September 27, 2023 Innovation, Science and Economic Development Canada (ISED) news release about it, Note: Links have been removed,

Today [September 27, 2023], the Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry, announced Canada’s Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems, which is effective immediately. The code identifies measures that organizations are encouraged to apply to their operations when they are developing and managing general-purpose generative artificial intelligence (AI) systems. The Government of Canada has already taken significant steps toward ensuring that AI technology evolves responsibly and safely through the proposed Artificial Intelligence and Data Act (AIDA), which was introduced as part of Bill C-27 in June 2022. This code is a critical bridge between now and when that legislation would be coming into force.The code outlines measures that are aligned with six core principles:

Accountability: Organizations will implement a clear risk management framework proportionate to the scale and impact of their activities.

Safety: Organizations will perform impact assessments and take steps to mitigate risks to safety, including addressing malicious or inappropriate uses.

Fairness and equity: Organizations will assess and test systems for biases throughout the lifecycle.

Transparency: Organizations will publish information on systems and ensure that AI systems and AI-generated content can be identified.

Human oversight and monitoring: Organizations will ensure that systems are monitored and that incidents are reported and acted on.

Validity and robustness: Organizations will conduct testing to ensure that systems operate effectively and are appropriately secured against attacks.

This code is based on the input received from a cross-section of stakeholders, including the Government of Canada’s Advisory Council on Artificial Intelligence, through the consultation on the development of a Canadian code of practice for generative AI systems. The government will publish a summary of feedback received during the consultation in the coming days. The code will also help reinforce Canada’s contributions to ongoing international deliberations on proposals to address common risks encountered with large-scale deployment of generative AI, including at the G7 and among like-minded partners.

Quotes

“Advances in AI have captured the world’s attention with the immense opportunities they present. Canada is a global AI leader, among the top countries in the world, and Canadians have created many of the world’s top AI innovations. At the same time, Canada takes the potential risks of AI seriously. The government is committed to ensuring Canadians can trust AI systems used across the economy, which in turn will accelerate AI adoption. Through our Voluntary Code of Conduct on the Responsible Development and Management of

Advanced Generative AI Systems, leading Canadian companies will adopt responsible guardrails for advanced generative AI systems in order to build safety and trust as the technology spreads. We will continue to ensure Canada’s AI policies are fit for purpose in a fast-changing world.”
– The Honourable François-Philippe Champagne, Minister of Innovation, Science and Industry

“We are very pleased to see the Canadian government taking a strong leadership role in building a regulatory framework that will help society maximize the benefits of AI, while addressing the many legitimate concerns that exist. It is essential that we, as an industry, address key issues like bias and ensure that humans maintain a clear role in oversight and monitoring of this incredibly exciting technology.”
– Aidan Gomez, CEO and Co-founder, Cohere

“AI technologies represent immense opportunities for every citizen and business in Canada. The societal impacts of AI are profound across education, biotech, climate and the very nature of work. Canada’s AI Code of Conduct will help accelerate innovation and citizen adoption by setting the standard on how to do it best. As Canada’s largest software company, we are honoured to partner with Minister Champagne and the Government of Canada in supporting this important step forward.”
– Mark J. Barrenechea, CEO and CTO, OpenText

“CCI has been calling for Canada to take a leadership role on AI regulation, and this should be done in the spirit of collaboration between government and industry leaders. The AI Code of Conduct is a meaningful step in the right direction and marks the beginning of an ongoing conversation about how to build a policy ecosystem for AI that fosters public trust and creates the conditions for success among Canadian companies. The global landscape for artificial intelligence regulation and adoption will evolve, and we are optimistic to see future collaboration to adapt to the emerging technological reality.”
– Benjamin Bergen, President, Council of Canadian Innovators

Quick facts

*The proposed Artificial Intelligence and Data Act (AIDA), part of Bill C-27, is designed to promote the responsible design, development and use of AI systems in Canada’s private sector, with a focus on systems with the greatest impact on health, safety and human rights (high-impact systems).

*Since the introduction of the bill, the government has engaged extensively with stakeholders on AIDA and will continue to seek the advice of Canadians, experts—including the government’s Advisory Council on AI—and international partners on the novel challenges posed by generative AI, as outlined in the Artificial Intelligence and Data Act (AIDA) – Companion document.

*Bill C-27 was adopted at second reading in the House of Commons in April 2023 and was referred to the House of Commons Standing Committee on Industry and Technology for study.

You can read more about Canada’s regulation efforts (Bill C-27) and some of the critiques in my May 1, 2023 posting, “Canada, AI regulation, and the second reading of the Digital Charter Implementation Act, 2022 (Bill C-27).”

For now, the “Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems” can be found on this ISED September 2023 webpage.

Other Canadian AI policy bits and bobs

Back in 2016, shiny new Prime Minister Justin Trudeau announced the Pan-Canadian Artificial Intelligence Strategy (you can find out more about the strategy (Pillar 1: Commercialization) from this ISED Pan-Canadian Artificial Intelligence Strategy webpage, which was last updated July 20, 2022).

More recently, the Canadian Institute for Advanced Research (CIFAR), a prominent player in the Pan-Canadian AI strategy, published a report about regulating AI, from a November 21, 2023 CIFAR news release by Kathleen Sandusky, Note: Links have been removed,

New report from the CIFAR AI Insights Policy Briefs series cautions that current efforts to regulate AI are doomed to fail if they ignore a crucial aspect: the transformative impact of AI on regulatory processes themselves.

As rapid advances in artificial intelligence (AI) continue to reshape our world, global legislators and policy experts are working full-tilt to regulate this transformative technology. A new report, part of the CIFAR AI Insights Policy Briefs series, provides novel tools and strategies for a new way of thinking about regulation.

“Regulatory Transformation in the Age of AI” was authored by members of the Schwartz Reisman Institute for Technology and Society at the University of Toronto: Director and Chair Gillian Hadfield, who is also a Canada CIFAR AI Chair at the Vector Institute; Policy Researcher Jamie Amarat Sandhu; and Graduate Affiliate Noam Kolt.

The report challenges the current regulatory focus, arguing that the standard “harms paradigm” of regulating AI is necessary but incomplete. For example, current car safety regulations were not developed to address the advent of autonomous vehicles. In this way, the introduction of AI into vehicles has made some existing car safety regulations inefficient or irrelevant.

Through three Canadian case studies—in healthcare, financial services, and nuclear energy—the report illustrates some of the ways in which the targets and tools of regulation could be reconsidered for a world increasingly shaped by AI.

The brief proposes a novel concept—Regulatory Impacts Analysis (RIA)—as a means to evaluate the impact of AI on regulatory regimes. RIA aims to assess the likely impact of AI on regulatory targets and tools, helping policymakers adapt governance institutions to the changing conditions brought about by AI. The authors provide a real-world adaptable tool—a sample questionnaire—for policymakers to identify potential gaps in their domain as AI becomes more prevalent.

This report also highlights the need for a comprehensive regulatory approach that goes beyond mitigating immediate harms, recognizing AI as a “general-purpose technology” with far-reaching implications, including on the very act of regulation itself.

As AI is expected to play a pivotal role in the global economy, the authors emphasize the need for regulators to go beyond traditional approaches. The evolving landscape requires a more flexible and adaptive playbook, with tools like RIA helping to shape strategies to harness the benefits of AI, address associated risks, and prepare for the technology’s transformative impact.

You can find CIFAR’s November 2023 report, “Regulatory Transformation in the Age of AI” (PDF) here.

I have two more AI bits and these concern provincial AI policies, one from Ontario and the other from British Columbia (BC),

• Ontario’s Trustworthy Artificial Intelligence (AI) Framework (webpage last updated January 8, 2024)
• BC Office of the Chief Information Officer, Thought Paper – Artificial Intelligence (undated)

Stay tuned, there will be more about AI policy throughout 2024.