ABSTRACT
Canada does not have a single, comprehensive statute governing artificial intelligence. The proposed Artificial Intelligence and Data Act died on the order paper in January 2025 and has not been reintroduced. This absence is frequently treated, in both practice and commentary, as a regulatory gap. This article argues that it is not.
The directors of Canadian corporations already owe duties that reach AI risk, grounded in the duty of care under section 122 of the Canada Business Corporations Act, and reinforced by provincial and federal privacy law, human rights and employment legislation, securities disclosure rules, and sector-specific prudential guidance such as the Office of the Superintendent of Financial Institutions’ Guideline E-23. Drawing on Canada’s newly released national AI strategy, the privacy reform introduced via Bill C-36, and two existing Canadian decisions (Moffatt v Air Canada and the Clearview AI litigation), this article demonstrates that Canadian courts and regulators are already applying established legal principles to AI conduct, well ahead of any comprehensive AI statute. It closes with a practical governance framework for boards, in-house counsel, and compliance functions at financial institutions, mid-market companies, and private corporations, arguing that the absence of a single AI law is not a basis for delay but a more demanding standard of director conduct in its own right.
Omolaja, Dara, No Single Law, No Vacuum: Director Duties and AI Under Existing Canadian Law (June 19, 2026).
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