Ontario’s Law Commission has released a paper discussing its submission to the Government of Ontario’s request for comments on Bill 194, Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024. The submission highlights the potential for artificial intelligence systems operating at the provincial level to impact significant issues and interests in Ontarians’ lives, including their personal liberty, education, employment, health care, housing, access to economic opportunities, and income security.

The submission proposes the implementation of benchmarks to support the regulation of public sector AI and the addition of provisions “to ensure public sector AI use is beneficial, lawful, and accountable.” The paper identifies10 recommendations, including:

• The need for Bill 194 to address the most significant AI risks, including to AI systems used by courts, and tribunals and other parts of the justice system;
• The inclusion of a provincially mandated impact assessment that addresses privacy, human rights, and procedural fairness and provides assurances about how an AI system will comply with other legal obligations and policies;
• The creation of a transparent and accountable governance framework for public sector AI systems;
• Prioritization of the development of the most important AI regulations and policies, and meaningful public input and participation in the development of these regulations/policies.

Bill 194: Strengthening Cyber Security and Building Trust in the Public Sector Act – Law Commission of Ontario Submission is available online here: https://www.lco-cdo.org/wp-content/uploads/2024/06/LCO-Submission-to-Government-of-Ontario-Bill-194-Consultations-June-2024.pdf.