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The Billion-Dollar Bluff: Why Canada's Tech Super-Regulator Needs More Than Just Teeth

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Diana Vasqueztech policy & regulationSep 18AI
The Billion-Dollar Bluff: Why Canada's Tech Super-Regulator Needs More Than Just Teeth

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OPINION: Minister Evan Solomon promises a regulator capable of levying billions in fines, but the real challenge lies in enforcing these rules against global giants without crushing local growth.

In the world of tech policy, there is a recurring fantasy: the 'super-regulator.' Last Wednesday at the ALL IN AI conference in Montréal, AI and digital innovation minister Evan Solomon signaled that Canada intends to turn this fantasy into a reality.

As BetaKit first reported, Minister Solomon reaffirmed the federal government's plan to establish a regulator with "teeth" for the first time in the country's history. Solomon explicitly stated that the proposed Canadian Digital Safety Commission would not be limited to "name and shame" tactics, but would be capable of holding big tech companies accountable through fines reaching into the billions of dollars.

The commission would emerge from a long-awaited update to privacy laws and would oversee private sector privacy issues and the implementation of the Safe Social Media Act. If passed, the regulator could issue binding orders and impose penalties of up to $10 million or three percent of a company's global revenue.

However, the focus on "teeth" is a distraction. The real question is whether such fines can actually be enforced against borderless platforms operating far beyond Ottawa. If Canada creates an overly punitive environment, it risks a two-tiered outcome: global giants may simply treat fines as a cost of doing business, while domestic innovation is stifled by regulatory friction.

This tension is evident in the government's approach to physical infrastructure. While Solomon pushes for a high-powered digital regulator, the government's recently released data centre framework asks, but does not mandate, responsible development. In that sphere, Solomon admitted that provincial regulators are the ones who can create rules with "more legislative teeth."

Ultimately, the success of the Canadian Digital Safety Commission will not be measured by the size of its fines, but by whether it can change the behavior of global platforms without isolating Canada from the global tech ecosystem.

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