Canada Elections Act

1. Overview

According to the Canada Elections Act (S.C. 2000, c. 9), the latest update was in 2019, specifically in reference to ensuring there are provisions in effect regarding deepfake technology and its potential use in the context of federal elections. The key concern is to mitigate harmful outcomes from false or misleading information including AI-created impersonation which could unduly influence a voter’s decision or undermine the integrity of an election.

2. Law Scope

Under the Act, it is a criminal offence for someone to materially tell or publish falsehoods to sway election outcomes, and includes using a deepfake audio or video to impersonate a candidate. It applies to the making and usage of misleading material in the context of an electoral campaign. This law is concerned with political misinformation rather than with the malicious use of consent in making non-consensual deepfake pornography. Satire and parody are not liable as not misleading voters intentionally.

3. Key Provisions

• Prohibited Acts: The Act at section 91(1), states that, “No person shall, with intent to influence the result of an election, make or publish a false statement that a candidate has committed an offence.” The Act made a distinction about impersonation, including “by any means, including artificial intelligence or other electronic means.”
• Consent Requirements: There is no referable clause on consent, However, the law prohibits representations that mislead the public.
• Platform Duty: The Act does not directly regulate platforms in relation to the Act. The Commissioner of Canada Elections may ask for the removal of content if it violates the Act.

4. Penalties & Enforcement

• Penalties: Violations carry penalties, which may reach up to $50,000 or also may result in imprisonment for up to five years.
• Enforcement Authority: The “Commissioner of Canada Elections” is the enforcement authority under the Act, with the ability to investigate and recommend prosecutions.

5. Important Cases or Precedent

As of 2025, no court cases have established precedent involving deepfakes specifically under the Act, but it has been used in other contexts in the pursuit of combating misinformation in federal elections.

6. Comparison to International Norms:

In comparison to international standards, Canada has focused its legislation on deepfake disinformation in the context of elections, and has robust provisions when compared to federal standards in the United States. While the EU’s AI Act may be broader in scope, Canada’s legislation is more explicit on election-specific disinformation.

7. Operational Considerations

Political parties and online content creators should be very clear that they cannot use AI to impersonate candidates. In a collaborative way, it is vital that platforms work with election officials to remove flagged content as quickly as possible.

8. Future Considerations

Canada may want to consider extending the law with definitions of AI-created content and platform obligations considering most people will have access to generative AI in election periods in the future.