Governance

AI and Data Commissioner

Statutory official to administer and enforce the Act.

How the laws define this

Both sources establish the AI and Data Commissioner as a dedicated center of expertise created to administer the Artificial Intelligence and Data Act and coordinate or share information with other regulators. Both emphasize the authority to monitor company compliance, maintain oversight, and build regulatory expertise. The sources diverge regarding institutional structure and specific enforcement mechanisms. The definition from the Artificial Intelligence and Data Act (AIDA) (proposed, part of Bill C-27) positions the role as a designated statutory office within the Department of Innovation, Science and Industry, detailing duties that include supporting enforcement through inspections and orders, conducting systemic studies, coordinating with sectoral and privacy regulators, and offering compliance assistance. In contrast, the definition from the Artificial Intelligence and Data Act describes the office as a planned key institutional innovation focused on developing regulations and explicitly highlights the power to order third-party audits.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

Jurisdiction	Instrument	Status	What is distinctive
Canada	Artificial Intelligence and Data Act (AIDA) (proposed, part of Bill C-27)	Withdrawn	Adds responsibilities for building regulatory expertise, coordinating with regulators, supporting enforcement through inspections and orders, conducting systemic studies, and providing compliance assistance.
Canada	Artificial Intelligence and Data Act	Withdrawn	Limits to monitoring compliance, ordering third-party audits, and sharing information with regulators, while emphasizing role as center of expertise.

What it triggers

Under the Artificial Intelligence and Data Act (AIDA), the Commissioner would have monitored company compliance, ordered third-party audits, and shared information with other regulators.source
Under the Artificial Intelligence and Data Act (AIDA), the Commissioner would have supported enforcement including inspections and orders, and provided compliance assistance.source

Definitions (2)

A designated statutory office within the Department of Innovation, Science and Industry responsible for administering the Act, building regulatory expertise, coordinating with sectoral and privacy regulators, supporting enforcement (including inspections and orders), conducting systemic studies, and providing compliance assistance and oversight.

Artificial Intelligence and Data Act (AIDA) (proposed, part of Bill C-27)Definition 1 of 2

A key institutional innovation planned under AIDA, intended to serve as a center of expertise for developing regulations and administering the Act. The Commissioner's responsibilities would include monitoring company compliance, ordering third-party audits, and sharing information with other regulators.

Artificial Intelligence and Data ActDefinition 2 of 2

Not to be confused with

Artificial Intelligence Commission

Artificial Intelligence Commission focuses on registration, oversight and enforcement of AI activity, while AI and Data Commissioner administers a specific Act like AIDA.

AI market surveillance authority

AI market surveillance authority handles post-market oversight and enforcement nationally, whereas AI and Data Commissioner administers and enforces a particular Act.

Questions and answers

What would the AI and Data Commissioner have done under AIDA?

The Commissioner would have administered the Act, monitored compliance, ordered audits, supported enforcement, and coordinated with other regulators. It served as a center of expertise for regulations.

Is the AI and Data Commissioner currently enforcing AI rules in Canada?

No, as AIDA was withdrawn, the Commissioner position never came into effect.

How does the AI and Data Commissioner differ from other AI regulators?

It was tied specifically to administering AIDA, with duties like inspections, systemic studies, and compliance assistance, unlike broader oversight bodies.