It All Comes Out in the Wash: Regulatory Action on AI Washing Ramps Up
February 25, 2025Securities-related regulatory action regarding “AI washing” has been increasing in the United States, serving as a warning of potential future developments in Canada. AI washing, as defined by the Canadian Securities Administrators (the CSA), refers to an issuer making false, misleading or exaggerated claims about its use of AI systems in its products or services to capitalize on the growing use of and investor interest in AI systems. The CSA reported that it identified disclosure and promotional campaigns that included AI washing during its most recent continuous disclosure review program. We are also seeing securities class actions alleging AI washing being filed in the United States.
Trends and AI Potential in Proptech
February 20, 2025Proptech Collective just released their latest report on key trends that will shape Canada’s proptech ecosystem in 2025. AI is emerging as a transformative force, and the report explores its potential impact across the commercial real estate and construction sectors.
How IP and the Law is Adapting to AI: Stephen Burns Live on BNN Bloomberg
January 17, 2025Stephen Burns appears live on BNN Bloomberg to discuss how intellectual property and policy makers are responding to AI.
Alberta's Data Centre Advantage: A Growing Hotspot for Critical Digital Infrastructure
January 15, 2025The rapid advancement of artificial intelligence (AI) and machine learning is reshaping industries worldwide, with Alberta emerging as a key destination for AI investments. As nations compete to lead in this transformative field, Canada—and Alberta specifically—offers significant strengths.
Leading Successful AI Adoptions: A Practical Approach
December 17, 2024Join Stephen Burns as he explores how firms can successfully integrate AI technologies. In this presentation, Stephen covers the essential elements of AI, providing a primer on its core concepts and capabilities. He discusses the market disruption caused by AI and the internal and external threats it poses to businesses. Stephen also emphasizes the need for a new toolkit to navigate these challenges and successfully implement AI strategies. This session offers valuable insights for businesses looking to stay ahead of the curve in an increasingly AI-driven world.
Canadian Securities Administrators Issue Notice on Use of Artificial Intelligence
December 13, 2024On December 5, 2024, the Canadian Securities Administrators (CSA) published CSA Staff Notice and Consultation 11-348: Applicability of Canadian Securities Laws and the use of Artificial Intelligence Systems in Capital Markets (the Notice). This document offers guidance on how securities legislation applies to the use and implementation of artificial intelligence (AI) by market participants.
Leveraging Technology for Geopolitical Risk Management and Advantage
December 04, 2024Stephen Burns served as a panelist in a Canadian Bar Association webinar titled Leveraging Technology for Geopolitical Risk Management and Advantage.
Six Ways An Organization Can Benefit from an Internal Generative AI Use Policy
September 12, 2024Generative Artificial Intelligence tools can be incredibly beneficial for businesses, enhancing productivity by streamlining administrative tasks, reducing redundancy, automating processes and improving data analysis. However, these powerful tools also introduce significant risks, particularly related to how employees use them. While AI-specific legislation may not yet exist in Canada, it is important to recognize that other legal frameworks—such as data protection regulations, intellectual property laws and industry-specific legislation and standards—indirectly govern AI use.
Intellectual Property Primer
July 04, 2024Join Kees de Ridder—intellectual property lawyer, patent agent, and trademark agent—as he delves into the fundamentals of intellectual property law. In this overview, Kees explains various types of intellectual property, including patents, confidential information, trademarks, copyright, and industrial designs. He discusses the importance of these intangible assets in protecting creative and innovative works, ensuring that businesses can maintain their competitive edge and capitalize on their intellectual endeavours.
Unchartered Territories: Canadian Courts and Law Societies Grapple with the Use of Generative Artificial Intelligence Tools
May 23, 2024Canadian courts and law societies, alike, are faced with an ever-evolving challenge: straddling the line between recognizing the potential benefits of emergent generative artificial intelligence (GenAI), while balancing the associated risks of using this technology. Principle to these associated risks is the ability of GenAI to "hallucinate" (i.e., generate incorrect information).
AI Insights Foundations
April 23, 2024Building on current and proposed legislative frameworks, duties of care and risk management strategies, this virtual symposium looked at AI through legal, technical, governance and risk-focused lenses, ultimately providing you with the practical insights and strategic viewpoints essential for successful AI adoption, all while futureproofing against potential legal challenges.
Navigating the Legal Landscape of AI
April 17, 2024Bennett Jones welcomed the opportunity to present a practical, opportunity and risk focused approach to the governance of Artificial Intelligence (AI) at the board level to the Institute of Corporate Directors. While AI is receiving significant attention currently, and is often considered a rapidly evolving catalyst for market disruption, it is important to view AI with both a governance of technology and a governance of change lens.
AI’s Ethical Frontier: Corporate Governance and the Safety Imperative
April 11, 2024Bennett Jones was honored to collaborate with the Institute of Corporate Directors in presenting an engaging discussion on the evolution of Artificial Intelligence (AI) and its profound impact on boardrooms across Canada. In this webinar, Bennett Jones' Stephen Burns, Emmanuelle Demers, and Sébastien Gittens shared indispensable AI insights tailored to fulfilling directorial duties and obligations.
Cultivating Innovation in Agribusiness: Drafting AI Patents—Part 2
March 19, 2024This blog is part two of a two-part series on patents and artificial intelligence technology in the AgTech and Agribusiness industry. Part one—Cultivating Innovation in Agribusiness: The Surge of AI Patents—discusses the growing number of filed and granted artificial intelligence patents in the agricultural sector, including some particularly innovative examples. In this follow-up blog, we explore the intricacies of artificial intelligence (AI) patents in the AgTech and Agribusiness industry, highlighting significant hurdles and strategic considerations essential to keep front of mind when crafting robust AI patent applications.
A Guide to Navigating the Complexities of GenAI in Investment
March 18, 2024In today's rapidly evolving technological landscape, the emergence of generative artificial intelligence (GenAI) presents both opportunities and challenges for investors, founders and companies alike. With GenAI generating new categories of valuable information, it is crucial to navigate this terrain thoughtfully and compliantly, especially considering the regulatory, legal and social considerations at play.
Cultivating Innovation in Agribusiness: The Surge of AI Patents—Part 1
March 14, 2024Artificial Intelligence, including machine learning technologies, is at the forefront of revolutionizing the agricultural sector, offering innovative solutions to enhance efficiency, sustainability and productivity. As these technologies continue to evolve, securing intellectual property rights through patent filings has become crucial for companies in the Agribusiness and AgTech industry seeking to safeguard their advancements in the AI domain.
Artificial Intelligence in the Legal Practice
February 28, 2024Stephen Burns is a featured speaker on a panel at the American Bar Association's 2024 Americas Conference in Houston, Texas. This year's conference is focused on The Future of Energy Across the Americas: Helping Lawyers Predict and Adapt. In his panel, Stephen addresses the burgeoning field of AI, particularly Generative AI, and its implications within the legal sector.
Investing in Innovation: Smart Capital in the Age of Generative AI
February 23, 2024In a successful conclusion to the Canadian Venture Capital & Private Equity Association's Invest Canada Webinar Series, Bennett Jones presented a webinar featuring insights into the evolving venture capital landscape. Moderated by Kwang Lim, this webinar featured Lisa Kakoske, Ruth Promislow and Jeff Taylor as they discussed trends in the industry, regulatory challenges and the significance of ESG in generative AI investments.
It’s Time for Canadians to Get Over Our Collective Aversion to the Word ‘Productivity’
December 18, 2023Serge Dupont and Heather Scoffield write an op-ed in Saturday's Toronto Star on how Canada could be poised to re-establish our standard of living as one of the best in the world, with a concerted, collective effort on increasing productivity.
2024 Economic Outlook: The Long-Term Is Now
December 11, 2023The global and Canadian economies are still adjusting to the shocks of COVID and war. Inflation remains elevated, and monetary conditions are restrictive. There are legacies, in particular high public and private debt. Concurrently, the forces of demographic ageing, climate change, and digitalization are intensifying in a new fragmented world, transforming our economies, and requiring more public and private investment. These two factors—short-term adjustment and structural change—set the background for our 2024 Economic Outlook.
Fintech in Canada Q3 2023: Money20/20
November 09, 2023This series features insights on timely issues shaping the fintech industry, addressing critical subjects industry participants must consider in the areas of financial regulation, securities, commercialization of IT, AI, digital currencies, IP, data governance and privacy, tax, corporate finance, private equity, M&A and asset tracing. In this Q3 2023 update, we look at some of the main trends in fintech that the Bennett Jones team noted as participants at this year's Money20/20 conference in Las Vegas, the largest global fintech event.
Understanding AI: A Roadmap for Corporate Counsel
November 07, 2023Artificial Intelligence (AI) is rapidly evolving, creating material opportunities and risks. In response, regulators and governments are working fast to catch-up, define, create guardrails and implement controls. To navigate this quickly changing environment, Corporate Counsel and Executive Teams need a robust understanding of this transformative technology and the legal frameworks in which it operates.
Minister of Innovation, Science and Industry of Canada Releases Proposed Amendments to the Digital Charter Implementation Act
October 11, 2023On September 26, 2023, the House of Common's Standing Committee on Industry and Technology (the Standing Committee) embarked on a comprehensive examination of Bill C-27, the Digital Charter Implementation Act. If passed, this legislation would repeal part 1 of the Personal Information Protection and Electronic Documents Act and enact three separate Acts designed to revamp privacy laws and govern the burgeoning field of artificial intelligence in Canada.
Generative AI Development: Canada Releases Voluntary Code of Conduct
October 04, 2023The federal government has recently released its voluntary Code of Practice (the Code) relating to advanced generative artificial intelligence (AI) systems. The code identifies measures that organizations are encouraged to adopt when they are developing generative AI systems.
Generative Artificial Intelligence (AI): Canadian Government Continues to Clarify Use of Generative AI Systems
September 20, 2023The 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; and (2) published a Guide on the use of Generative AI for federal institutions on September 6th, 2023.
WPC 2023 Day Three: AI in the Energy Industry—Making Sense of the Noise
September 20, 2023There is a lot of noise around using artificial intelligence (AI) in the energy industry. Bennett Jones' Sébastien Gittens helped make sense of it on Day Three of the World Petroleum Congress in Calgary. He spoke with conference attendees about how AI is being used right now and what energy companies should consider when onboarding it.
Protecting Innovation and AI in Mining
September 05, 2023Lorelei Graham writes in Canadian Mining Journal on the ways mining companies can protect innovation and AI—as the sector embraces innovation like never before to keep pace with the demand for minerals from the automobile sector, telecommunications and electronics manufacturers, and many modern industries.
New Practice Directions Consider Artificial Intelligence in Court Submissions
July 24, 2023The use of artificial intelligence (AI) in the preparation of materials filed with the courts has been the subject of recent practice directions, with certain Canadian courts requiring that any reliance on AI by a litigant must be disclosed.
Canada's M&A Landscape Q2 2023: Steady in the Saddle
July 18, 2023With continued strength in the middle market, an increase in distressed M&A and an uptick in go-private transactions, the first half of 2023 played out in many ways as we expected when we published our Look Ahead to 2023 in early January. A few things we did not anticipate included the collapse of Silicon Valley Bank and the explosion of renewed interest in artificial intelligence following the release of ChatGPT, both of which have had ripple effects that have impacted M&A activity in Canada and globally.
Fintech in Canada Q2 2023: Navigating Industry Shifts and Legal Challenges
July 13, 2023Welcome to Bennett Jones' quarterly Fintech in Canada update, where our fintech lawyers address timely issues shaping the industry. In this Q2 2023 update, we look at considerations when considering the use of generative AI in a business and the SEC filing against Binance
Aaron Sonshine on Dealmaking in Technology and Healthcare
July 04, 2023Aaron Sonshine comments in Lexpert's special edition on Technology and Health Sciences on dealmaking in the sectors. Activity is down, but lots of opportunities remain. “It’s probably fair to say that tech and healthcare was the biggest beneficiary of the boom cycle that occurred during COVID, and probably among the hardest hit in the bust that has followed."
Booming Venture Capital Investment in Generative AI: Considerations for Investors and Companies
June 26, 2023Generative AI is taking the venture capital world by storm. Despite the slump in overall VC funding, investor interest in AI is intensifying. PitchBook notes that "in the world of startup valuations, there's generative AI—and everything else." The Wall Street Journal describes the current environment as "ChatGPT fever . . . Amid broader venture-capital doldrums, it is boom times for startups touting generative artificial intelligence tech." As VC investors look to the generative AI market and companies seek funding, there are several things to consider including valuations, the ever evolving regulatory landscape and a heightened need for robust diligence and corporate governance processes.
Federal Court Dismisses Commissioner's Application In Facebook Privacy Case
April 27, 2023The Federal Court of Canada released a decision on April 14, 2023 in OPC v Facebook Inc.,2023 FC 533, dismissing the Privacy Commissioner's application against Facebook (now Meta Platforms, Inc.) stemming from alleged breaches to the Personal Information Protection and Electronic Documents Act.
ChatGPT Under Scrutiny: Privacy Concerns Surrounding OpenAI's AI-Powered Chatbot
April 19, 2023ChatGPT—the artificial intelligence-powered chatbot—has been making headlines since its initial release date on November 30, 2022. Most recently, ChatGPT has been the subject of attention in connection with privacy regulation. The Office of Privacy Commissioner of Canada recently announced that it has launched an investigation into the company behind ChatGPT, OpenAI.
Fintech in Canada Q1 2023: A Pivotal Moment
April 17, 2023In Bennett Jones' quarterly Fintech in Canada update, our fintech lawyers address timely issues shaping the industry. In this Q1 2023 update, we look at new and developing federal policies, what's new in the regulation of payment services, crypto-asset trading and stable coins, crypto crime, Canadian and global trends in M&A and corporate finance and the impact on fintech companies and investors.
Artificial Intelligence—A Companion Document Offers a New Roadmap for Future AI Regulation in Canada
March 30, 2023Artificial intelligence regulation in Canada may be around the corner and could affect all types of organizations involved with AI systems in commercial contexts. A new companion document, for the Artificial Intelligence and Data Act was recently released by Innovation, Science and Economic Development Canada. This document is an important development, as it outlines a proposed roadmap for any future AI regulation.
Artificial Intelligence Patenting: Top Challenges and Key Considerations
November 15, 2022This blog is part two of a two-part series on patents and AI technology. In this blog, we consider the challenges in patenting artificial intelligence (AI) and the key considerations companies should make when drafting strong AI patent applications.
Exponential Increases in Artificial Intelligence Patent Filings
November 14, 2022This blog is part one of a two-part series on patents and AI technology. In this blog, we briefly canvass the statistics on the growing number of filed AI applications and granted patents and also provide a few examples of recent AI patent applications.
Legal Perspectives on Digital Assets
November 01, 2022Maureen Ward joined a panel of speakers at the Great Legal Services conference in Miami to discuss the topic Digital Assets: A Global Perspective From Leading Legal Experts.
Understanding the Draft Consumer Privacy Protection Act
September 14, 2022On Wednesday, September 14, our Data Governance, Cybersecurity and Privacy group hosted a special presentation on the key changes included in this draft legislation and how they will change the scope of your obligations, the extent of regulatory scrutiny and exposure to penalties for non-compliance.
Medo DX PTE. Ltd. Sold to Exo Imaging
August 24, 2022Exo Imaging, Inc. has purchased all outstanding shares of Medo DX PTE. Ltd., an artificial intelligence and machine learning company based in Singapore and Alberta that operates in the medical imaging sector in North America.
Privacy Reforms Now Back Along with New AI Regulation
June 17, 2022On June 16, 2022, the Digital Charter Implementation Act, 2022 (DCIA) was introduced as Bill C-27. The DCIA will enact the Consumer Privacy Protection Act (CPPA), the Personal Information and Data Protection Tribunal Act (PIDPTA), the Artificial Intelligence and Data Act (AIDA), and make amendments to other related acts. If enacted as currently drafted, we anticipate that the CPPA and AIDA will have a substantial impact on the extent of regulatory scrutiny of organizations with respect to their privacy practices, and use of artificial intelligence.
ESG and the CIO: Transforming Management Information Systems
April 26, 2022Today's Chief Information Officers (CIO) are faced with new challenges as they work to implement the systems and processes required to identify, measure, track and report on the non-financial factors of Environmental, Social, and Governance (ESG). CIOs sit at the intersection of their organization's ESG objectives and commitments, financial and securities reporting obligations, and legal compliance requirements (including, human rights, privacy, regulatory and securities laws). This requires a strategic and artful balance of complex and competing demands as CIOs transform their management information systems to meet the ESG commitments and aspirations of their organizations.
Alberta Introduces Strategy to Advance the Province as an International Leader in Technology and Innovation
April 20, 2022On April 12, 2022, the Government of Alberta released its Alberta Technology and Innovation Strategy that adds further details in fulfilling Alberta's Recovery Plan announced in June 2020, and complements the Government's Investment and Growth Strategy released in September 2020.
Trends to Watch in Agribusiness
April 11, 2022In 2020, just before the pandemic hit, Bennett Jones Agribusiness, Food and Beverage practice group wrote about trends in agribusiness, namely AgTech, ESG and Export and Trade. After two years, the Bennett Jones Agribusiness group is back in person at Calgary's Agriculture Summit hosted by the Calgary Chamber of Commerce, eager to hear if agriculture and agribusiness has evolved.
Regulation of Privacy in Ontario: One Step Closer
June 25, 2021Organizations operating in Ontario may soon be subject to an entirely new provincial privacy regime that could impose substantial compliance obligations, and establish significant penalties for contravention of those obligations.
Stephen Burns on Artificial Intelligence
May 27, 2021Stephen Burns joins leading academics and practitioners in an Alberta-focused exploration of current legal technology trends and issues.
Ontario Promises to Create Canada's First Provincial Data Authority
May 11, 2021On April 30, 2021, the Government of Ontario introduced Building a Digital Ontario, the province's new digital and data strategy, which lays the foundation for Ontario to become "the world's leading digital jurisdiction." Pursuant to the strategy, the Government of Ontario intends to create a new provincial data authority in consultation that will be responsible for "building modern data infrastructure to support economic and social growth at scale, while ensuring that data is private, secure, anonymous and cannot identify people individually."
New Data Commissioner Proposed in the 2021 Federal Budget
May 06, 2021On April 19, 2021, the Government of Canada released the 2021 Federal Budget, which, among other things, proposes to allocate $17.6 million over the next five years (and $3.5 million per year afterwards) to the establishment of a new federal Data Commissioner.
Stephen Burns on Copyright's New Frontier
March 18, 2021Stephen Burns spoke on the International Literary and Artistic Association (ALAI) Canada's panel, Copyright’s New Frontier: Data or How Seismic Data Can Change our IP World
Innovation Supercluster Initiative and Funding for Canadian Innovations Targeting the Effects of COVID-19
April 29, 2020The swift and significant effects of the COVID-19 pandemic have led many countries to seek home-grown solutions to respond to impacts of the pandemic.
Bennett Jones on PIPEDA and AI in Law Times
February 19, 2020Law Times reports on how the Office of the Privacy Commissioner of Canada is currently seeking input from interested third parties regarding its recommended changes to PIPEDA in the context of artificial intelligence.
Review of Artificial Intelligence May Result in Significant Changes to PIPEDA
February 06, 2020Foreshadowing potential significant changes to the federal Personal Information Protection and Electronic Documents Act (PIPEDA), the Office of the Privacy Commissioner of Canada (OPC) is currently seeking input from interested third parties regarding its recommended changes to PIPEDA in the context of artificial intelligence (the "Consultation Document").
Canadian and Other Privacy and Data Protection Authorities Address Anticipated Challenges Related to Artificial Intelligence
October 04, 2019
Artificial intelligence (AI) presents numerous opportunities to benefit society; however, the Office of the Privacy Commissioner of Canada (OIPC), together with numerous international counterparts,
New Report from the Ontario Privacy Commissioner: Key Takeaways for Ontario Businesses
July 16, 2019The Office of the Information and Privacy Commissioner of Ontario (OIPC) released its 2018 Annual Report: [...]
On the Ice with Artificial Intelligence
April 21, 2017
Taking Wayne Gretzky's famous advice—"skate to where the puck is going, not where it has been"—will get easier for businesses that embrace artificial intelligence (AI). That's the conclusion I drew
Bennett Jones