Generative Artificial Intelligence (AI): Canadian Government Continues To Clarify Use Of Generative AI Systems

The Canadian government continues to take note and react to the widespread use of generative artificial intelligence (AI). Generative AI is a type of AI that generates output that can include text, images or other materials, and is based on material and information that the user inputs (e.g., ChatGPT, Dall-E 2 and Midjourney). In recent development, the Canadian government has: (1) opened up consultation on a proposed Code of Practice (the Code) and provided a proposed framework for the Code;¹ and (2) published a Guide on the use of Generative AI for federal institutions on September 6th, 2023 (the Guide).²

More generally, as discussed below, as Canadian companies continue to adopt generative AI solutions, they may take note of the initial framework set out for the Code, as well as the information in the Guide, in order to minimize risk and ensure compliance with future AI legislation. A summary of the key points of the proposed Code and Guide is provided below.