44th Parl. 1st Sess.
November 28, 2022 11:00AM
Madam Speaker, I was fascinated by the part of the bill dealing with artificial intelligence. Personally, I thought that it proposed a general framework and the beginnings of a legal structure that were very interesting. The objective is to regulate pan-Canadian, interprovincial and other trade, as well as to prohibit certain practices.
Does my colleague agree with me on that, at least? It is an important step forward in a sector like artificial intelligence, which is so murky and so amazing at the same time.
86 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I agree that this is an area in which Canada is way behind. It is absolutely crucial that we get started on creating that framework. However, what disturbs me is the fact that it was tossed into this bill that also deals with other issues, which are significant on their own. Consultation on this did not even begin until June. It is very rash of us to consider it in this legislation. I am thankful that it is going to be voted on separately.
86 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, this follows on the question that was just asked by my colleague. We recently saw that 19,000 Canadians were affected by the recent Equifax breach, for example. The Office of the Privacy Commissioner concluded that Equifax did not fulfill its obligations to Canadians. It entered into a compliance agreement with no fines, no penalties and no compensation for Canadian victims. We are seeing very different fines and penalties for Canadians and Americans, and Canadians are getting the short end of the deal.
Does the member feel it is important that we have parity and equivalency for citizens on both sides of the border?
106 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, there are many areas where Canada is on the short end of the stick. I think of our ability to have Wi-Fi and cellphones at a reasonable price compared with other countries. In this case, it is really important that we do the due diligence needed. Canadians need to have the same level of ability to have their privacy protected that any other nation has. I would encourage members to look at the EU version of this and do a far better job of incorporating in this what is needed to function internationally with our allies.
99 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I too share concerns with Bill C-27, particularly around the artificial intelligence and data act. Specifically, I agree with her. Having one minister solely delegated the responsibility for a wide variety of different regulations that might affect private as well as public data is too much. As Parliament, we should be looking into this and setting out the parameters.
The government has basically told the private sector that it can hold it accountable for serious harm, something it does not even define in the law, in Bill C-27, while at the same time giving itself the ultimate loophole. It says it can exempt itself. Not only that, but some of the organizations are trustworthy, as it says in the bill. The minister can say that any provincial or federal commission or body he or she wants can be exempted, allowed to use artificial intelligence and held to a different standard than the private sector is.
Does the member agree that this particular section, more than anything, needs to be looked at? I believe it is too much government overreach. It has essentially given itself the ultimate loophole.
191 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, that is my deepest concern as well. We have seen the government, in other pieces of legislation, give itself the authority to create a situation that is out of the hands of Parliament and into the hands of a minister as to how things will be developed or implemented.
I certainly agree with the member. We need to do a lot more work and make sure that Canadians are truly protected, and not by just one individual at a certain point in time who has a great deal of power. In some cases in that situation, I would say too much power. We need to ensure that it is done properly with Canadians in mind.
117 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I fully understand the stress the Canadian financial sector is feeling.
Unless we tighten the rules, Canada will not meet the European Union's expectations, which means Canada's financial sector could lose all or part of very important European markets. There is less pressure in Quebec because, thanks to its own legislation, it is already compliant.
Despite the pressure, the bill must be properly drafted. Is my colleague concerned that pressure from the financial sector could lead to a situation in committee where words and time are more limited?
92 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, this is an example of circumstances where Canadians are having trouble trusting the government to do the right thing and to truly have their backs in this area. We have already seen circumstances in the past year or two where the banks have had an unbelievable impact on Canadians' lives by having the powers entrusted to them to do things that are out of line and out of step with truly protecting the privacy of Canadians.
78 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, my colleague talked about the tribunal aspect. It is very important that, in this bill, when it comes to privacy protection, besides the Privacy Commissioner, we would have another element of a tribunal. Most importantly, out of that process, there would still be the Federal Court. When it comes to citizens having their data breached, and the whole premise of this bill is to protect that of citizens, children and adults alike, there is still going be a tribunal added.
Is there any other jurisdiction that is using a tribunal? If not, why does the member think it is included in this bill?
105 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, it is deeply disturbing to me when I see that, among the European Union, U.K., New Zealand and Australia, none of our allies has chosen to use a tribunal. The power is there for their commissioners to make sure that the various entities are being held accountable with regard to an individual's privacy.
Their rules are far more specific than ours are in this bill thus far, and it just shows that we are weaker in truly protecting Canadians' privacy rights compared to our allies. It is a sign that we are doing things with an ulterior motive. That disturbs me, because it would again give power to a different organization within the system, which the government is creating to basically give different organizations, perhaps government departments, an out—
134 words
- Hear!
- Rabble!
- add
- star_border
- share
- Nov/28/22 4:05:21 p.m.
- Watch
Resuming debate, the hon. member for Richmond Hill.
8 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I will be splitting my time with my colleague, the member for Vaughan—Woodbridge.
I am pleased to rise today in support of Bill C-27, the digital charter implementation act.
Privacy is a long-standing, fundamental right for Canadians, and we have never been more reliant on the digital economy. Even though we are living in this complex technological era, the current privacy law was last updated over 20 years ago, before smart phones or any social media platforms even existed. This brings us to the cardinal step our government is taking today.
We know Canadians need to have confidence not only that their is data safe and their privacy fully respected, but also that their government is striving to enhance the protection of their privacy through the implementation of timely safeguards in an era when the digital economy is driving transformative change. These objectives are exactly what the privacy protection framework of Bill C-27 would aim to accomplish.
We are introducing new legislation to ensure our country has critical protection in place to safeguard the security of Canadians. This legislation proposes not only to increase the confidence of Canadians in emerging technologies but also to strengthen privacy protection for consumers while supporting economic development that results from the responsible use of data and artificial intelligence. It would also pave the path for governing trade and commerce in the private sector, as it relates to regulating how private organizations handle personal information and develop AI systems.
Upon enactment into law, Bill C-27 would be one of the most substantial improvements to Canadian privacy laws in decades, but it would go further by establishing a legal framework to regulate high-impact AI systems to better protect consumers. In essence, this legislation proposes the following key enactments: the consumer privacy protection act; the personal information and data protection tribunal act; and finally, the artificial intelligence and data act, or AIDA. I will expand on each one of these major enactments in detail.
The enactment of the consumer privacy protection act proposes to achieve the following: first, to enhance Canadians' control over personal information by empowering them to request its deletion, and adding new transparency requirements for organizations when obtaining consent from individuals for their information; second, to create new data mobility rights that promote consumer choice and innovation; and third, to bolster our privacy enforcement and oversight by granting the Privacy Commissioner of Canada order-making powers to compel organizations to stop the use of personal information, through administrative monitoring penalties for serious breaches of law.
This aspect of the bill is of the utmost importance to nearly 200 of my constituents in the riding of Richmond Hill who have voiced their pertinent concerns regarding privacy protection and have spoken to me personally in relation to this legislation and what it seeks to achieve for Canadians. Through the mentioned key facets, my constituents, and in fact all Canadians, can rest assured that their government's sole intention is to ensure Canadians' first-class privacy and data protection.
By enacting the personal information and data protection tribunal act, our government seeks to strengthen protection for minors' personal information, introduce greater flexibility for the Privacy Commissioner and explicitly foster more privacy expertise among key decision-makers. This would be achieved through the establishment of a new administrative tribunal to hear appeals of certain decisions made by the Privacy Commissioner.
The third and most crucial aspect of this legislation, in my point of view, would establish a new law on artificial intelligence.
According to a recent study by Nanos Research on behalf of Innovation, Science and Economic Development Canada, key industry stakeholders have expressed a range of concerns regarding artificial intelligence. As technologies have matured, risks associated with AI systems have also come to light, including with respect to health, safety and bias. These concerns speak to the need to ensure the responsible development of AI. Moreover, as companies invest in increasingly complex AI systems, Canadians need to have confidence in AI systems they use every day.
It is therefore essential that the use and collection of data follow best practices to protect the rights and freedoms of Canadians. This brings me to the very reason why I personally identify this enactment as the most crucial aspect of this legislation.
It is in response to these legitimate concerns that our government proposes to introduce a new law to promote a unique approach to AI. It is an approach that would protect Canadians from discrimination, loss of autonomy and serious harm to their health, safety and economic well-being. The newly proposed AI law contains central provisions that would protect commercially sensitive information while ensuring that AI systems do not cause adverse effects on Canadians. Consequently, this approach would establish rules aimed at promoting good data-governance practices and respect for Canadian standards and values.
This new law would support responsible innovation by giving companies a clear framework for developing AI systems; compel organizations responsible for AI systems to mitigate potential harm to Canadians, including bias; establish an AI and data commissioner to support the Minister of Innovation, Science and Industry in the administration of the act to encourage innovation in the marketplace; and, finally, impose serious penalties for all use of illegally obtained personal information.
It is also notable to mention that it would serve as a build-up on our government's previous investments and commitment to expanding the pan-Canadian AI strategy first launched in 2017 to enhance growth in Canada's digital economy.
Each of these acts would work to provide Canadians with more autonomy over their privacy and increase accountability of personal information handled by organizations, while also giving Canadians the freedom to move their information from one organization to another in a secure manner.
In quick summary, by introducing this groundbreaking piece of legislation, our government is working to strengthen and modernize our privacy laws and to protect Canadian consumers by limiting private companies' abilities to access private information in the digital sector. Most importantly, we would be creating new rules for the responsible development of Al alongside the continuation of the advancement of its implementation across Canada.
The digital charter implementation act would ensure Canadians have strong privacy protections and clear rules of the road for businesses, as well as guardrails to govern the responsible use of artificial intelligence. As I stand here today in support of this important piece of legislation, I am confident that, given our country's highly skilled workforce, with this vital step, Canada would be well positioned not only to play an important global role in the field of AI, but also to create an environment where Canadian companies could be world leaders in responsible innovations.
Most importantly, through this cardinal legislation, Canadians would be reassured that we would never compromise on trust and safety for their privacy, and that their government is wholeheartedly committed to advancing Canadian privacy protection laws while unlocking innovation that promotes a strong economy that works for everyone.
I would like to close this intervention by encouraging all my colleagues in the House to support this valuable piece of legislation. We can work together to move beyond traditional privacy protection to ensure data control for all Canadians and modernize our laws to adapt to the realities of a complex digital economy. This is the only way to advance Canadian digital technology and Canadian values across the world.
1244 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I just wanted to pick up on something my hon. colleague talked about around the tribunal. Given the fact that the EU and the United States do not have tribunals and given the fact that the Federal Court has the ability, presently, to appeal the Privacy Commissioner, I have a simple question for my colleague from the Liberal Party.
Does he feels that having that tribunal included is a necessity and, if so, why would he feel that way?
81 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, it is not a matter of whether it is a necessity. I think it is complementary and it strengthens the existing laws that we have. It also further ensures the protection of the data and provides a venue for the minister, as well as Canadians, to ensure that, if it comes to a point of contention, there are many venues to get the support they need.
68 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I thank my hon. colleague for his speech.
I would like to come back to the topic of adopting this motion and particularly the importance of sending Bill C-27 to committee, to make sure all the details are in place. It is important that the committee do its work properly. This is very technical.
Quebec has Bill 25. How can we ensure that there is no interference between Bill 25 and Bill C-27? How can we combine the work of both levels of government? This is a shared jurisdiction. Could my colleague comment on that?
102 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, first of all, I would like to acknowledge the leadership that the Quebec province has shown in developing legislation around privacy. I want to ensure the member that this legislation is very much a complement and a partner with that legislation. There are two other provinces that are faced with the same situation, B.C. and Alberta, as well as Quebec. The key thing is that we are taking a lot of best practices from the Province of Quebec in this, and we look forward to hearing more about that when the bill is unanimously approved at second reading and is sent to committee for further review.
109 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, I have enjoyed working with my hon. colleague on committee for several years. I would like to ask him about the delicate balance that we have here between the interests of businesses and that of the individual with regard to privacy, ownership of data and algorithms. I fall more to the individual and the person being protected, as to the strength of where we should go. I just wonder if he has determined where he is at right now.
The bill seems to be a little too slanted toward business organizations at the moment and their use of data. I wonder how he feels about that.
108 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, it is good to respond to my hon. colleague. We have had the pleasure of serving together at the Standing Committee on Industry and Technology. When the bill has passed second reading, it will be sent to that committee.
I actually think it is a very balanced bill between privacy and ensuring that small businesses and organizations who use data have the guidelines to do the work they need to do to serve Canadians. I believe, through the de-identification or the anonymization of the data, the data of individuals is protected, while giving businesses the data that is needed to ensure they foster innovation while also being able to effectively run their businesses and compete not only locally but also internationally.
124 words
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, my comments are similar to the member for Windsor West's, in terms of the balancing of the interests of business with the interests of the individual. To some degree, the bill fails to do both of those things. Businesses are looking for clarity and businesses are looking for a clear set of rules for how they can operate. I would note that, from clause 17 to clause 50, there are all of these exemptions. Exemptions do not allow for clarity.
I just wonder if the hon. member thinks there are enough exemptions in the bill.
98 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
Madam Speaker, can we have the support of the hon. member across the aisle to ensure that the bill can go to the committee, so that we can have the opportunity to have conversations such as the one he is tabling?
41 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
