Makes public services decisions, in Canada

Canadian Human Rights Act, R.S.C. 1985, c. H-6, ss. 5 to 8, 10, 15 and 53 · Read the law's page

• It reaches you if you provide goods, services, facilities or accommodation customarily available to the general public, provide commercial premises or residential accommodation, or employ people, in a matter coming within the legislative authority of Parliament (Sections 2, 5, 6 and 7); an automated decision about a person falls within the same provisions as any other practice, and the defences in section 15 apply whether a practice results in direct discrimination or adverse effect discrimination (Section 15(8)).
• Do not deny, or deny access to, any good, service, facility or accommodation customarily available to the general public to any individual, and do not differentiate adversely in relation to any individual, on a prohibited ground of discrimination (Section 5).
• Do not deny occupancy of commercial premises or residential accommodation to any individual, and do not differentiate adversely in relation to any individual, on a prohibited ground of discrimination (Section 6).
• Do not, directly or indirectly, refuse to employ or continue to employ any individual, and do not differentiate adversely in relation to an employee, on a prohibited ground of discrimination (Section 7).
• Do not establish or pursue a policy or practice, or enter into an agreement affecting recruitment, referral, hiring, promotion, training, apprenticeship, transfer or any other matter relating to employment, that deprives or tends to deprive an individual or class of individuals of employment opportunities on a prohibited ground of discrimination (Section 10), and do not use or circulate an application form, or make an inquiry in connection with employment, that expresses or implies a limitation, specification or preference based on a prohibited ground (Section 8).
• To rely on a bona fide justification for a denial or adverse differentiation in services or accommodation, or on a bona fide occupational requirement, establish that accommodating the needs of the individual or class of individuals affected would impose undue hardship on you, considering health, safety and cost (Section 15(1)(a) and (g) and (2)).

Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5; enforced by the Office of the Privacy Commissioner of Canada; provincial equivalents: Personal Information Protection Act (Alberta), S.A. 2003, c. P-6.5; Personal Information Protection Act (British Columbia), S.B.C. 2003, c. 63

• In the course of commercial activities in Canada, outside Alberta, British Columbia and Quebec, obtain valid consent before mass scraping of personal data from publicly available websites to train AI models.
• In the course of commercial activities in Canada, outside Alberta, British Columbia and Quebec, be transparent about how your automated systems use personal information.
• Keep AI-based profiling free of discriminatory outcomes, which can create liability under the Canadian Human Rights Act.

Bill C-36, An Act to enact the Protecting Privacy and Consumer Data Act, to amend the Personal Information Protection and Electronic Documents Act and to make amendments to other Acts, 45th Parliament, 1st Session · Read the law's page

• Would require organizations to be transparent about their use of automated decision making for significant decisions about individuals, set higher standards for handling children's information, and obtain meaningful consent supported by plain-language explanations.

Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, Council of Europe Treaty Series No. 225, opened for signature 5 September 2024; signed by Canada on 11 February 2025, subject to ratification · Read the law's page

• Each Party must adopt or maintain measures for the identification, assessment, prevention and mitigation of risks posed by AI systems, considering their actual and potential impacts on human rights, democracy and the rule of law; an app operator is reached through the measures its Party adopts.
• Each Party must seek to ensure, as appropriate for the context, that persons interacting with an AI system are notified that they are interacting with such a system rather than with a human, and must adopt or maintain measures for accessible and effective remedies, as far as its international obligations require and its domestic legal system allows, including measures to ensure that information about an AI system is sufficient for affected persons to contest a decision made or substantially informed by its use.