More than a year after Bill C-27 was first introduced, the Standing Committee on Industry, Science and Technology finally launched its review of the bill yesterday with an opening appearance from ISED Minister François-Philippe Champagne. The delays in Bill C-27 reflect significant concern with both the effectiveness of the privacy provisions and the inclusion of an AI bill that is widely viewed as inadequate. Champagne started with a 12 minute opening statement in which he assured committee members that he had heard the criticisms and that the government had a wide range of amendments planned to address the concerns. While many of the potential amendments sounded quite positive, once MP questions commenced it became clear that the department had yet to actually draft them and has no plans to provide the actual text until the committee starts clause-by-clause review of the bill. In other words, the government has decided how it wants to change Bill C-27 before a single external witness appears before committee, but it will only release the actual amendments after the witness portion of the committee study is over. The end result is that Champagne broke the hearings before they had really begun, with dozens of witnesses ready to testify about a bill that the government plans to change but won’t provide legislative language.
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The Law Bytes Podcast, Episode 178: Bianca Wylie on Canada’s Failing AI Regulatory Process
It’s been a dizzying stretch since the launch of Chat GPT, with artificial intelligence regulation and policy bursting forward as top concern in Canada and around the world. From a Canadian perspective, Bill C-27 got most of its initial attention for its privacy provisions, but its inclusion of an AI bill – AIDA – has emerged as a huge issue in its own right. Meanwhile, the government has also quietly been pushing ahead with new generative AI guidelines that may debut this week. Bianca Wylie is a writer and an open government and public technology advocate with a dual background in technology and public engagement. She’s become increasingly uncomfortable with the AI regulatory process in Canada and she joins the Law Bytes podcast to provide her thoughts about AIDA, generative AI regulation, and a process she believes is in dire need of fixing.
six pixels of seperation: Michael Geist On Meta Blocking News Links And The Future Of Media
I appeared on the six pixels of seperation podcast on September 3, 2023. In the episode, we discussed Bill C-18, Meta’s blocking of news links in Canada, and what those developments mean for the future of media. The link to the episode is here.
Why the Government is Quietly Undermining Competition Bureau Independence in Bill C-56
The government unveiled Bill C-56 yesterday, legislation it touts as supporting the building of more rental homes (through tax measures) and stabilizing grocery prices (through Competition Act reforms). While the proposed Competition Act changes include increased investigative and merger blocking powers for the Competition Bureau as well as the long overdue elimination of the efficiencies defence, the bill also includes provisions that undermine Competition Bureau independence. The government is not promoting those changes – there is no reference to it in the press release – but bill gives it broad powers to order inquiries into any market or industry and dictate the terms of the inquiry to the Competition Bureau. Those reforms are not subject to any significant limitations and are open to potential abuse.
A Reality Check on the Online News Act: Why Bill C-18 Has Been a Total Policy Disaster
Prime Minister Justin Trudeau was asked this week about concerns with the implementation of Bill C-18, to which he responded that other countries are quietly backing Canada in its battle against tech companies. I posted a reality check tweet noting that Meta is not returning to news in Canada, the law’s regulation stipulating a 4% fee on revenues is not found anywhere else, and that Bill C-18 has emerged as a model for what not to do. With the House of Commons back in session, it is worth providing a more fulsome reality check on where things stand with the Online News Act. While the government is still talking tough, the law has been an utter disaster, leading to millions in lost revenues with cancelled deals, reduced traffic for Canadian media sites, declining investment in media in Canada, and few options to salvage this mess.
For those that took the summer off, Bill C-18 received royal assent in late June. Over the past three months:
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