We need to modernize our laws to make Canada’s federal government “AI First.” This means changing existing procurement and accountability rules, protecting privacy, and creating a new AI Transformation Office and CTO roles. By updating these laws, we can deploy AI swiftly, effectively, and ethically.
1. Department of Public Works and Government Services Act
We will update the Department of Public Works and Government Services Act to speed up AI purchasing. The goal is to remove red tape that slows contracts for modern technology and make sure Canadian AI companies can win government business quickly.
1.1 Current Law and Sections Impacted
- Department of Public Works and Government Services Act (S.C. 1996, c. 16)
- Relevant Sections:
- Section 6(1)(a): The Minister’s authority to procure goods and services.
- Section 7: Ministerial responsibility for acquisition programs.
1.2 Required Changes
- Section 6(1)(a): Add an explicit reference to “emerging and strategic technologies, including artificial intelligence” to clarify that the Minister must consider specialized AI procurement pathways.
- Section 7: Insert language mandating the Minister to “prioritize domestic AI technology solutions where available and ensure streamlined AI procurement procedures.”
1.3 Exact Terms to Delete/Modify
- Section 6(1)(a)
- Existing Text (excerpt): “…acquire goods and services, and dispose of them, on behalf of departments…”
- Proposed Amendment:
“acquire goods and services, including strategic or emerging technology solutions such as Artificial Intelligence, and dispose of them, on behalf of departments…”
- Section 7
- New Subsection 7(3):
“The Minister shall establish an accelerated procurement process for innovative and emerging technologies, with an emphasis on Canadian-owned and operated AI solutions, ensuring that regulatory and administrative requirements do not unreasonably delay acquisitions that meet national economic and security interests.”
1.4 Rationale
These updates authorize Public Works and Government Services Canada (PWGSC) to create special procurement rules for AI and to prioritize Canadian AI companies.
2. Government Contracts Regulations
We will change the Government Contracts Regulations to let departments quickly buy AI solutions from Canadian companies. This removes barriers that slow contract approvals and helps grow our domestic AI sector.
2.1 Current Regulations and Sections Impacted
- Government Contracts Regulations (SOR/87-402)
- Relevant Sections:
- Section 6 (Methods of procurement)
- Section 10 (Exceptions and limited tendering)
2.2 Required Changes
- Section 6: Add an accelerated “AI Procurement Stream” to the listed methods of procurement.
- Section 10: Introduce a new exception allowing limited (or single) tendering for Canadian AI firms when no comparable domestic competitors exist and the technology is essential to government operations.
2.3 Exact Terms to Delete/Modify
- Section 6
- Existing Text (excerpt): “Subject to sections 10 to 16, contracts shall be awarded…by either open, selective, or limited tendering.”
- Proposed Addition:
“(d) An ‘AI Procurement Stream’ may be used for the acquisition of strategic or emerging AI technologies, enabling faster evaluation and contracting.”
- Section 10
- New Subsection 10(2)(e):
“where the contract is for strategic AI services or goods supplied by a Canadian-owned and operated entity, and such procurement is required to maintain a domestic capability or meet a national security or public interest objective.”
2.4 Rationale
These regulatory changes create a fast lane for government AI contracts. They also give clear legal authority to limit tendering to Canadian AI solutions.
3. Financial Administration Act
We will amend the Financial Administration Act so departments can use money saved by cutting external consultants to hire AI teams and buy Canadian AI tools. This ensures that efficiency gains directly fund new AI initiatives.
3.1 Current Law and Sections Impacted
- Financial Administration Act (R.S.C., 1985, c. F-11)
- Relevant Sections:
- Section 7: Governor in Council regulations on financial management.
- Section 32: Commitments and control of funds.
3.2 Required Changes
- Section 7: Add authority to create regulations that earmark savings from consultant contracts for internal AI development.
- Section 32: Require that each department’s annual estimates include a line item reporting consultant cost reductions and reallocation to AI projects.
3.3 Exact Terms to Delete/Modify
- Section 7
- New Subsection 7(1.1):
“The Governor in Council may make regulations requiring that any cost savings realized from reductions in external consultancy spending be allocated toward technology modernization, including artificial intelligence initiatives, within each department.”
- Section 32
- New Paragraph 32(4)(c):
“a statement of planned expenditures on artificial intelligence programs and initiatives funded through reductions in external professional services.”
3.4 Rationale
By reallocating funds from consultant budgets directly into AI projects, we ensure the policy’s cost-neutral approach and keep consistent oversight under the Financial Administration Act.
4. Federal Accountability Act
We will update the Federal Accountability Act to require that each department’s AI progress be reported publicly every quarter. This keeps politicians and citizens informed about AI projects, spending, and results.
4.1 Current Law and Sections Impacted
- Federal Accountability Act (S.C. 2006, c. 9)
- Relevant Provisions:
- Accountability and oversight measures generally (various sections).
4.2 Required Changes
- Insert a new part mandating quarterly AI progress reports to Parliament and requiring that these reports be publicly accessible.
4.3 Exact Terms to Delete/Modify
- Insert New Part – “Part 4.1: AI Accountability Measures”
“(1) Every department or agency listed under Schedule I of the Financial Administration Act shall submit to Parliament, on a quarterly basis, a report on any ongoing or planned AI initiatives, including metrics such as cost, timeline, efficiency gains, and accuracy improvements.
(2) These reports shall be made available on a centralized public AI performance dashboard administered by the Treasury Board Secretariat.”
4.4 Rationale
This ensures consistent oversight for AI initiatives across all government bodies and provides transparency to Canadians.
5. Privacy Act
We will strengthen privacy rules to ensure data used by AI is protected. We will add clear guidelines about consent, transparency, and data handling so Canadians know how AI uses personal information.
5.1 Current Law and Sections Impacted
- Privacy Act (R.S.C., 1985, c. P-21)
- Relevant Sections:
- Section 4: Collection of personal information.
- Section 6: Retention of personal information.
- Section 8: Disclosure of personal information.
5.2 Required Changes
- Add requirements for “Algorithmic Transparency” and “Responsible AI Data Use” in the collection, use, and disclosure of personal information by federal agencies employing AI.
5.3 Exact Terms to Delete/Modify
- Section 4 – New Subsection 4(2.1):
“Any collection of personal information for the purpose of automated decision-making or AI-driven processes shall include a plain-language notice explaining how the data will be used, the potential impacts of automated processing, and contact details for inquiries.” - Section 8 – New Paragraph 8(3)(c):
“A federal institution using AI-based decision-making shall maintain a record of the algorithms or models applied, including documentation of measures taken to mitigate bias or error, which shall be available for audit by the Privacy Commissioner.”
5.4 Rationale
These provisions uphold Canadians’ privacy rights while allowing the government to leverage AI. They also establish the importance of transparent, audited AI usage.
6. Immigration and Refugee Protection Act
We will add rules that let Immigration, Refugees and Citizenship Canada (IRCC) use AI to speed up applications, but require human oversight to avoid unfairness. New language ensures applicants understand how AI affects their files.
6.1 Current Law and Sections Impacted
- Immigration and Refugee Protection Act (S.C. 2001, c. 27)
- Relevant Sections:
- Section 11: Applications before entering Canada.
- Section 13: Issuance of visas and other documents.
6.2 Required Changes
- Allow IRCC to use AI-based triage systems for routine application screening, provided final decisions or refusal grounds are reviewed by a human officer.
6.3 Exact Terms to Delete/Modify
- Section 11 – New Subsection 11(1.1):
“The use of artificial intelligence-based screening tools to evaluate applications is permitted, provided that all negative determinations are subject to review and approval by a human officer before a final decision is issued.” - Section 13 – New Subsection 13(3):
“All applicants shall be notified, in plain language, if AI was used in processing their application and informed of their right to request a human review.”
6.4 Rationale
These changes expedite immigration processing while safeguarding fairness through mandatory human review of AI decisions.
7. Department of Employment and Social Development Act
We will clarify that Employment and Social Development Canada (ESDC) can use AI to quickly process benefit applications, while ensuring human oversight for any automated decisions that affect individual rights or payments.
7.1 Current Law and Sections Impacted
- Department of Employment and Social Development Act (S.C. 2005, c. 34)
- Relevant Sections:
- Section 6: Powers, duties, and functions of the Minister.
- Section 39: Service delivery.
7.2 Required Changes
- Add explicit language allowing ESDC to use AI-driven workflows for processing claims (e.g., EI, CPP, OAS), with clear guidelines for appeals or reconsiderations by humans.
7.3 Exact Terms to Delete/Modify
- Section 6 – New Subsection 6(5):
“The Minister may implement automated or AI-based systems for service delivery, provided claimants have clear, accessible avenues for review or appeal of any automated determinations affecting eligibility or payments.” - Section 39 – New Paragraph 39(2)(d):
“Where AI systems are used in the delivery of services, the department shall document accuracy and service improvements, reporting these metrics publicly on a quarterly basis.”
7.4 Rationale
This ensures ESDC can employ AI to speed up benefit decisions, guaranteeing transparency and fairness.
8. Canada Revenue Agency Act
We will authorize the CRA to use AI for tax filing assistance and auditing. AI can detect errors quickly and reduce fraud, but we require that taxpayer rights remain protected through human oversight in final decisions.
8.1 Current Law and Sections Impacted
- Canada Revenue Agency Act (S.C. 1999, c. 17)
- Relevant Sections:
- Section 5: Mandate of the Agency.
- Section 60: Powers to make regulations.
8.2 Required Changes
- Permit AI-enabled tax return screening and risk assessment while preserving rights to a human review for disputed findings.
8.3 Exact Terms to Delete/Modify
- Section 5 – New Subsection 5(2.1):
“The Agency may employ artificial intelligence for the analysis of returns, detection of fraud, or identification of errors, ensuring that any significant determinations adverse to a taxpayer require review and confirmation by an authorized official.” - Section 60 – New Paragraph 60(1)(e):
“Regulations establishing safeguards for AI-based assessments, including transparency, appeal procedures, and minimum accuracy thresholds to be met before any AI system is deployed.”
8.4 Rationale
These amendments reduce tax return processing times and strengthen fraud detection while ensuring taxpayers have recourse to human review.
9. Official Languages Act (Optional Clarification)
We will clarify that government AI tools used in communications must respect official language requirements. Automated translations must meet acceptable standards in both English and French.
9.1 Current Law and Sections Impacted
- Official Languages Act (R.S.C., 1985, c. 31 (4th Supp.))
- Relevant Sections:
- Section 2: Purpose.
- Section 22: Communications with the public.
9.2 Required Changes
- Clarify that AI-based translation meets or exceeds the standard required for official communications.
9.3 Exact Terms to Delete/Modify
- Section 22 – New Subsection 22(3.1):
“Where an institution uses automated translation or AI-based communication tools, the institution shall ensure the quality of service in both official languages is substantially equivalent to that of human translation.”
9.4 Rationale
This ensures AI-empowered communications do not undermine Canada’s official bilingualism.
10. Proposed New Legislation: “AI-First Government Implementation Act”
We will introduce a new law that sets overall rules for AI adoption in government. It creates the CTO roles, funds AI teams, and requires all departments to cut processing times by 50% while respecting oversight and transparency.
10.1 Purpose
To establish a government-wide framework for:
- Creating Chief Technology Officers (CTOs) in each major department.
- Directing pilot programs.
- Setting performance metrics, including the 50% reduction in major processing times.
- Enforcing the prioritization of Canadian AI solutions.
- Enabling national security and competitiveness by developing AI in-house.
10.2 Key Sections
- Section 1: Short Title
- “This Act may be cited as the AI-First Government Implementation Act.”
- Section 2: Definitions
- “AI” means “technologies involving machine learning, deep learning, natural language processing, or other methods of automated decision-making.”
- “CTO” means “Chief Technology Officer designated under this Act.”
- Section 3: Application
- “This Act applies to all departments and agencies listed in Schedule I of the Financial Administration Act.”
- Section 4: Creation of CTO Offices
- “All major departments shall create a CTO position responsible for overseeing AI integration, setting technology standards, and reporting quarterly on efficiency metrics to Parliament.”
- Section 5: Canadian AI Procurement Priority
- “Departments shall, where feasible, procure AI goods and services from Canadian-owned and operated firms. Foreign solutions may only be considered if no viable Canadian alternative exists.”
- Section 6: Performance Targets
- “All departments shall strive to reduce average processing times for major service deliveries by at least 50% within two years of the enactment of this Act.”
- Section 7: Transparency & Ethical Oversight
- “Any AI system used for final decision-making that affects individual rights or entitlements shall include meaningful human oversight and a transparent review process.”
- Section 8: Implementation Timeline
- “Pilot projects shall launch within six months of this Act coming into force, with full implementation of AI systems in major departments by the close of the second fiscal year following enactment.”
- Section 9: Regulation-Making Authority
- “The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including the establishment of standards for AI fairness, transparency, and performance measurement.”
11. Additional Tools (Orders in Council and Policy Directives)
Plain-Language Summary (under 50 words):
We will use quick executive instruments like Orders in Council to speed up AI pilot programs and to set mandatory guidelines across all departments without waiting for full legislative processes.
11.1 Orders in Council (OICs)
- Interim AI Procurement Guidelines
- An OIC can immediately set out simplified bidding and proposal processes for AI contracts, pending the longer legislative amendment process.
- Mandatory Pilot Launch
- An OIC can require each major department to begin at least one AI pilot program within six months.
11.2 Treasury Board Policy Directives
- Policy on AI-Driven Service Delivery
- Sets minimum performance standards, data protection guidelines, and transparency requirements.
- Policy on Consultant Spending Reallocation
- Ensures that each department tracks external consultant spending cuts and reallocates those funds to in-house AI hiring or AI solution procurement.
12. Full List of Agencies for AI Pilots
We will run pilot AI programs in these major departments and agencies first. These are some of the largest service areas where AI can deliver quick wins for Canadians.
- Canada Revenue Agency (CRA) – Tax processing and compliance.
- Immigration, Refugees and Citizenship Canada (IRCC) – Application triage and visa processing.
- Employment and Social Development Canada (ESDC) – Benefit delivery (EI, CPP, OAS).
- Department of National Defence (DND) – Cybersecurity, logistics, and threat analysis.
- Public Services and Procurement Canada (PSPC) – Procurement optimization and contract management.
- Canada Border Services Agency (CBSA) – Automated screening and risk analysis at border points.
- Health Canada – Accelerated approvals for certain processes, improved data analytics.
- Transport Canada – AI for infrastructure planning, safety inspections, and traffic management.
- Fisheries and Oceans Canada – Resource management and remote sensing.
- Environment and Climate Change Canada – Environmental monitoring and climate modeling.
- Innovation, Science and Economic Development Canada (ISED) – Oversight of Canadian AI growth; AI-based business services.
- Treasury Board Secretariat (TBS) – Central coordinating body for AI spending, oversight, and dashboard reporting.
(Note: Other departments and agencies not listed here will be encouraged to follow these pilots’ best practices and begin their own AI initiatives within the 6-month rollout.)
By making these targeted legislative and regulatory changes—and introducing the new AI-First Government Implementation Act—Canada can fast-track AI adoption across the public sector. The plan prioritizes Canadian-owned AI solutions, establishes clear privacy and accountability measures, and redirects consultant spending to build in-house AI expertise. Through Orders in Council and Treasury Board directives, we can quickly launch pilot programs in major departments. This will accelerate service delivery times, improve efficiency, and solidify Canada’s position as a global leader in AI-driven governance.