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Ontario Bill 194

Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 (Enhancing Digital Security and Trust Act)

Ontario's first AI-specific legislation regulating public sector use of AI systems. Requires accountability frameworks, risk management, disclosure, and human oversight. Also addresses cybersecurity and digital information affecting minors under 18.

Jurisdiction

Ontario

CA-ON

Enacted

Nov 25, 2024

Effective

Jan 29, 2025

Enforcement

Information and Privacy Commissioner of Ontario (IPC)

Received Royal Assent November 25, 2024; EDSTA came into force January 29, 2025; full implementation pending regulations (expected July 1, 2025)

Who Must Comply

This law applies to:

  • Public sector entities: institutions under FIPPA, institutions under MFIPPA, children's aid societies, school boards
  • Excludes: Legislative Assembly of Ontario

Capability triggers:

publicSector (required)
Required Increases applicability

Applicability thresholds:

Under 18 years old

minor_protection

Special protection for digital information relating to individuals under age 18

Who bears obligations:

Exemptions

Legislative Assembly Exemption

high confidence

Legislative Assembly of Ontario explicitly excluded from definition of 'public sector entities'

Conditions:

  • • Legislative Assembly of Ontario

Safety Provisions

  • Public sector entities must develop and implement accountability frameworks for AI use
  • Risk management requirements for AI systems
  • Disclosure requirements for AI system use
  • Human oversight requirements in prescribed circumstances
  • Minister may set technical standards for AI systems
  • Special protections for digital information relating to individuals under age 18
  • Privacy Impact Assessments required
  • Data breach notification obligations

Compliance Timeline

Jan 29, 2025

Enhancing Digital Security and Trust Act (EDSTA) came into force

Jul 1, 2025

Full implementation including mandatory PIA and breach notification obligations

Enforcement

Enforced by

Information and Privacy Commissioner of Ontario (IPC)

Penalties

Penalties pending regulatory determination

No explicit penalties; enforcement through IPC compliance orders and investigations. Note: Section 13 provides that failure to comply does not affect validity of decisions.

Quick Facts

Binding
Yes
Mental Health Focus
No
Child Safety Focus
Yes
Algorithmic Scope
Yes

Why It Matters

First Canadian provincial AI regulation, though limited to public sector. Sets accountability and transparency precedent. Criticized for weak enforcement (non-compliance doesn't void decisions) and lack of private right of action. May influence other provinces.

Recent Developments

EDSTA in force January 29, 2025. Complemented by 'Responsible Use of Artificial Intelligence Directive' (December 1, 2024) guiding Ontario ministries. Full regulations pending for July 2025. IPC criticized lack of enforcement mechanisms and direct privacy complaint avenue.

What You Need to Comply

Public sector entities must develop accountability frameworks, manage AI risks, disclose AI use where required, ensure human oversight in prescribed circumstances, and follow technical standards set by the Minister. Special requirements for digital information affecting minors.

NOPE can help

Cite This

APA

Ontario. (2024). Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 (Enhancing Digital Security and Trust Act). Retrieved from https://nope.net/regs/ca-on-bill-194

BibTeX

@misc{ca_on_bill_194,
  title = {Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 (Enhancing Digital Security and Trust Act)},
  author = {Ontario},
  year = {2024},
  url = {https://nope.net/regs/ca-on-bill-194}
}

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