On November 4, 2024, the OBA Labour & Employment Law Section presented a CPD program entitled How to Advise Your Labour and Employment Clients in the Artificial Intelligence Age. The program was chaired by Section Chair, Rob Richler of Bernardi Human Resource Law, and Member-at-Large Maciej Lipinski of The Process Legal. Speaking at the program were Lisa Stam (Spring Law), Saneliso Moyo (Goldblatt Partners LLP), Danielle Rawlinson (Borden Ladner Gervais LLP) and Professor Stephanie Kelley (St. Mary’s University).
I would like to thank the OBA for the opportunity to attend the program, and to prepare and share the following summary of its key takeaways.
The Growing Gap in Artificial Intelligence Regulation
There is a growing gap between how technology is being utilized and how it is being regulated. Canada does not yet have overarching artificial intelligence (AI) legislation, which has led to concerns regarding its use in labour and employment contexts.
Artificial Intelligence and Data Act (AIDA)
The federal AIDA, once passed, will serve as the overarching and comprehensive AI-based law. It will regulate any use of AI in Canada, outline permissible uses of AI, and require organizations to uphold certain ethical standards. AIDA is a risk-based legislation. This means that only “high-risk” or “high-impact” AI systems will be subject to the regulation. “High-risk” systems will include AI tools that affect hiring and employment decisions in a labour and employment context.
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