How the federal government’s proposed digital regulator would work

Canada's federal government is moving to establish a comprehensive new digital regulator, the Digital Safety and Data Protection Commission of Canada. This proposed body would consolidate authority over both online safety and privacy rules, taking over responsibilities currently held by the Privacy Commissioner and introducing new legislative frameworks.

The government introduced two key pieces of legislation in June: Bill C-34, focused on digital safety, and Bill C-36, addressing privacy. Bill C-34 aims to compel social media platforms to block access for minors under 16 and mandates responsible conduct for AI chatbot developers. Bill C-36 seeks to enhance data protection standards, grant Canadians the right to request data deletion, and require transparency in the use of automated decision-making systems.

This new commission, to be comprised of five cabinet-appointed members, is expected to take approximately 18 months to set up. It will possess significant enforcement powers, including the ability to issue binding orders and impose fines up to $10 million or three percent of an organization's global revenue. For severe offenses, such as obstructing the commission's work, fines could reach $25 million or five percent of global revenue.

Critics have labeled the proposed commission a "digital super-regulator." University of Ottawa law professor Michael Geist highlighted concerns about the commission's extensive mandate, which would encompass regulating online speech, content moderation, and setting standards across major platforms, alongside overseeing data collection, use, and disclosure for all organizations in Canada. Geist suggested these powers might be unparalleled in the democratic world.

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A single commission of five Governor in Council appointees will now be responsible both for regulating online speech and content moderation across the country’s largest platforms (including standard setting, guidelines, audits, formal, law-enforcement-style investigations, hearings, and adjudicative powers) and for overseeing how every organization in Canada collects, uses, and discloses personal information.