Re: Bill C-27, Digital Charter Implementation Act, 2022 (AIDA)

Subsection 3(1) states that it will not apply to a government institution as defined in section 3 of the Privacy Act: government institution means: (a) any department or ministry of state of the Government of Canada, or any body or ofice, listed in the schedule, and (b) any parent Crown corporation, and any wholly-owned subsidiary of such a corporation, within the meaning of section 83 of the Fina. [...] Due Process and Procedural Fairness How can an applicant seeking judicial review in the Federal Court obtain procedural fairness if the challenged institution is excluded from the oversight of the impugned Act? Unless an applicant can demonstrate that the interpretation of AIDA is subject to the standard of correctness, any decision made by a government officer, in any department, will face the le. [...] The Bill should incorporate a system that allows a non-Canadian company deploying AI products in Canada to be deemed to comply with the Bill if they comply with the regulatory scheme of their home jurisdiction and that regulatory scheme has been deemed by the Minister or the Commissioner to be substantially like the one created by the Bill. [...] 33(1)]: AIDA does not outline the Commissioner’s necessary qualifications, responsibilities and authority (which seems minimal, if any, given that the only role they have is, “to assist the Minister in the administration and enforcement of this Part.” Similar to the Advisory Committee (see below), the Commissioner’s designation is at the discretion (and not a requirement of) the Minister (i.e., “m. [...] 4 SOR/2013-221, and An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunica.