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ActiveAdopted and in force, or in effect for the bodies it covers.

Enhancing Digital Security and Trust Act, 2024

Canada Β· Law Β· Ontario Legislature

Our summary

This Ontario statute establishes requirements for public sector bodies including government institutions, municipalities, school boards and children's aid societies regarding cybersecurity, AI system governance, and digital information handling affecting minors. It empowers the Minister to set technical standards and issue directives while enabling regulations to prescribe how entities must manage cyber risks, disclose AI deployments, establish oversight mechanisms, and safeguard children's digital information.

Written by the Index in our own words. It is not legal advice; the official text is the authority.

Inside this policy

Every section of this policy in order. Our notes summarise each one in plain language and do not quote the official text, which is the authority.

Drafted by the Index An automated summary of the official text, not yet reviewed by a person.Reviewed Checked by a person against the official text.

Definitions

Defines key terms used throughout the act, including artificial intelligence system as a machine-based system that generates outputs to influence environments, cyber security as the protection of digital information and infrastructure, and public sector entity as certain institutions under freedom of information acts, children's aid societies, and school boards. The act applies to use of AI systems by public sector entities whether publicly available, developed by the entity, or developed by third parties on their behalf.

Drafted by the Index

Cyber Security

Allows regulations requiring prescribed public sector entities to develop and implement cyber security programs with specified elements, such as defined roles and responsibilities, reporting on progress, education measures, and incident response procedures. The Minister may set technical standards for cyber security and issue directives to public sector entities that must be complied with and take precedence over conflicting regulations.

Drafted by the Index

Use of Artificial Intelligence Systems

Requires prescribed public sector entities using AI systems in specified circumstances to inform the public about their use, develop an accountability framework, manage associated risks, and comply with prescribed requirements. Entities must also ensure individual oversight and disclosure of information about AI system use in certain contexts, and may not use AI systems in ways prohibited by regulations.

Drafted by the Index

Regulations on AI Systems and Transparency

Details regulatory powers to govern AI system disclosure, accountability frameworks, risk management, oversight requirements, and prohibited uses. Regulations may specify the content and timing of public information about AI systems, documentation requirements, roles of individuals responsible for oversight, and technical standards that public sector entities must meet when deploying AI systems.

Drafted by the Index

Regulations, directives and general provisions

The Minister may establish technical standards for children's aid societies and school boards regarding how they handle data about minors and provide digital tools to them. The Minister may also issue directives to these organizations about digital technology available to minors, which can be tailored to different circumstances or categories. Children's aid societies and school boards must follow any directives issued to them.

Drafted by the Index

Controls

What this policy requires, forbids, grants or penalises, one control at a time and in our own words. Each control links to the official text, which is the authority. This is not legal advice.

Drafted by the Index Drafted automatically from the official text, not yet reviewed by a person.Reviewed Checked by a person against the official text.

Themes covered 9 of 35

Choose a theme to see only its controls. About the themes

Risk and scope 2 of 4

  • Risk classification, not covered
  • Impact assessment, not covered

Data and privacy 0 of 4

  • Data governance and quality, not covered
  • Data subject rights and consent, not covered
  • Cross-border data transfer, not covered
  • Copyright and training data, not covered

Transparency and records 2 of 4

  • Labelling of synthetic content, not covered
  • Record keeping and logging, not covered

Technical safeguards 2 of 4

  • Bias and non-discrimination, not covered
  • Testing and evaluation, not covered

Assurance and lifecycle 0 of 4

  • Conformity assessment and certification, not covered
  • Registration and notification, not covered
  • Incident and breach reporting, not covered
  • Post-market monitoring and corrective action, not covered

Rights and protected groups 1 of 4

  • Automated decision-making rights, not covered
  • Biometric identification and surveillance, not covered
  • Whistleblowing, complaints and redress, not covered

Roles and organisation 2 of 6

  • Supply chain and provider-deployer duties, not covered
  • General purpose and foundation models, not covered
  • Training and AI literacy, not covered
  • Innovation support and sandboxes, not covered

Enforcement and sectors 0 of 5

  • Enforcement, penalties and regulators, not covered
  • Sector rules: health, not covered
  • Sector rules: finance and insurance, not covered
  • Sector rules: employment, not covered
  • Sector rules: education, not covered

10 controls

Group by

Cyber Security 2 controls

  1. ObligationApplies to: Public authorityDrafted by the Index

    Regulations may require prescribed public sector entities to establish and execute cyber security programs that include defined roles, responsibility assignments, progress reporting, educational initiatives, and incident response procedures.

    Cyber Security
  2. PermissionApplies to: Public authorityDrafted by the Index

    The Minister may establish technical standards for cyber security and issue directives to public sector entities that must be followed and prevail over any conflicting regulations.

    Cyber Security

Use of Artificial Intelligence Systems 3 controls

  1. ObligationApplies to: Public authorityDrafted by the Index

    Prescribed public sector entities using AI systems in specified circumstances must notify the public of their use, create an accountability framework, address associated risks, and meet prescribed requirements.

    Use of Artificial Intelligence Systems
  2. ObligationApplies to: Public authorityDrafted by the Index

    Public sector entities must establish individual oversight and disclose information about AI system use in designated contexts.

    Use of Artificial Intelligence Systems
  3. ProhibitionApplies to: Public authorityDrafted by the Index

    Public sector entities must not deploy AI systems in ways that regulations prohibit.

Regulations on AI Systems and Transparency 2 controls

  1. PermissionApplies to: Public authorityDrafted by the Index

    Regulations may specify what information about AI systems must be disclosed to the public and when such disclosure must occur.

    Regulations on AI Systems and Transparency
  2. PermissionApplies to: Public authorityDrafted by the Index

    Regulations may define documentation requirements, designate individuals responsible for oversight, and establish technical standards that public sector entities must observe when using AI systems.

    Regulations on AI Systems and Transparency

Regulations, directives and general provisions 3 controls

  1. PermissionApplies to: Public authorityDrafted by the Index

    The Minister may establish technical standards for children's aid societies and school boards regarding how they manage data about minors and provide digital tools to them.

    Regulations, directives and general provisions
  2. PermissionApplies to: Public authorityDrafted by the Index

    The Minister may issue directives to children's aid societies and school boards about digital technology made available to minors, which can be tailored to different circumstances or categories.

    Regulations, directives and general provisions
  3. ObligationApplies to: DeployerDrafted by the Index

    Children's aid societies and school boards must comply with any directives issued to them by the Minister.

    Regulations, directives and general provisions

Change history

No changes recorded since we began monitoring this policy.