Artificial Intelligence
We provide sophisticated advice on the use of AI by existing businesses and guide the creation, financing and operation of new and upcoming AI companies and products.
Overview
Artificial intelligence (AI) is not just a technological shift; it’s a fundamental reshaping of the business and legal landscape.
AI presents transformative opportunities for new and emerging companies and established enterprises alike. BAX Securities Law® offers services in the following areas of law:
- Corporate Structuring & AI Governance: We assist startups and venture capital firms focusing on AI technology with structuring businesses to facilitate growth, investment and scalability. We provide guidance on corporate governance frameworks that address AI-specific risks and oversight requirements, ensuring that corporate strategy is built on a solid legal and ethical foundation.
- Capital Markets: We assist venture capital and startup firms focusing on AI technology to raise capital for financing short and long term growth plans in the private and public markets. We advise on disclosure requirements for AI-related businesses under National Instrument 51-102 Continuous Disclosure Obligations, including material AI-related risk factors and forward-looking information about AI use and development.
- Registrants: We assist securities registrants, including CIRO investment dealers and exempt market and restricted dealers, with compliance with securities regulatory requirements related to AI. We also assist money services businesses respecting their FINTRAC and Bank of Canada obligations. We provide guidance on the CSA Staff Notice and Consultation 11-348 regarding the applicability of Canadian securities laws to the use of AI systems in capital markets.
- Public Company Disclosure and AI Risks: We assist market participants in all industries to address risks involved in the use of AI systems, as well securities requirements regarding the disclosure of the same. We help public companies develop tailored, entity-specific AI disclosures that avoid boilerplate language and “AI washing” in accordance with CSA guidance. This includes disclosure of AI business use, AI-related risk factors, and forward-looking information about AI implementation.
- Commercializing AI – Contracts & Licensing: We assist with the drafting of contract for AI product licensing, partnerships and customer agreements, protecting intellectual property and creating clear pathways for commercial success.
- Data, Privacy & AI Ethics: We provide advice on privacy and data protection issues related to the development, distribution and use of AI including compliance with Canadian laws, regulation, and data protection laws. We advise on compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA), provincial privacy laws, and emerging AI-specific privacy requirements.
AI Governance and Risk Management: We help organizations develop robust governance frameworks for responsible AI use, including policies for AI ethics, risk assessment, and regulatory compliance. We assist with implementing appropriate oversight mechanisms and accountability structures for AI systems.
Key Contacts
A.I. Law News and Insights
CSA Publishes Updated Cybersecurity Findings and Guidance for Registered Firms
The Canadian Securities Administrators (CSA) have published CSA Staff Notice 33-322 Review of Registered Firms’ Cybersecurity Practices and Additional Guidance…
CSA Seeks Comment on Modernizing the Regulation of Public Companies
The Canadian Securities Administrators (CSA) has published CSA Consultation Paper 51-406 Modernizing the Regulation of Public Companies (the Consultation Paper)…
Canadian Securities Administrators Published Amendments to Allow Higher Limits for
The Canadian Securities Administrators (CSA) has published proposed amendments to National Instrument 45-106 Prospectus Exemptions and changes to the Companion…
Whistleblowing in Canada
When news of a whistleblowing award becomes public in Canadian financial circles it usually makes news; not only from the…
Canadian Securities Administrators Publish Amendments to National Instrument 81-105 Mutual
The Canadian Securities Administrators (CSA) recently announced the publication of final amendments to the principal distributor model (the Final Amendments)…
BCSC Issues its First Whistleblower Award
The British Columbia Securities Commission (BCSC) has made its first whistleblower award of $25,000 to an individual whose information contributed…
Awards and Recognition
- Best Lawyers Best Canadian Law Firm: BAX Securities Law® received this award in 2025 and 2026
- Canadian Lawyer Top Corporate Law Boutiques: BAX Securities Law® received this award in 2016, 2017, 2018, 2019, 2020
- The Canadian Legal Lexpert Directory: Barbara Hendrickson has been repeatedly recognized in the Corporate Finance & Securities Law area.
