Let's be transparent: who owns AI-generated content?

‍On June 4, 2026, the Government of Canada launched its national AI strategy, AI for All, and opened a public consultation on AI transparency. The consultation is asking Canadians to weigh in on five areas where the Government may take action:

• Whether AI-generated content should be labelled,

• Whether Canadians should always know when they are interacting with an AI system such as a chatbot,

• Whether businesses have enough information about how AI systems work and their limitations,

• How serious AI incidents should be reported, and

• How AI agents acting autonomously on your behalf should be governed.

According to Statistics Canada data from the second quarter of 2026, 19.2% of Canadian companies reported having used AI to produce goods or deliver services over the preceding 12 months. The growth in AI adoption brings real opportunities for Canadians but also increases risks to consumers and businesses. The ultimate goal is to build public trust in AI by making it more accountable and transparent.

Underneath the transparency question sits an even more fundamental one that Canadian law has not yet resolved: can AI-generated content be protected by copyright?

Under the Canadian Copyright Act, copyright requires human authorship. In 2021, however, an AI generated image called “SURYAST,” was registered with the Canadian Intellectual Property Office’s (CIPO), turning the Canadian copyright world on its head. The registration listed both a human, Ankit Sahni, and an AI system, RAGHAV AI, as co-authors of the artistic work. The Canadian Internet Policy and Public Interest Clinic (CIPPIC) has since filed an application in the Federal Court to expunge or rectify this copyright registration on the basis that it lacks originality and human authorship. This decision will matter for every founder, creator, and business using AI tools to produce content, products, or marketing materials.

The practical risk is real. If AI-generated content cannot be copyrighted, it may be freely copied by anyone even your competitors. If AI-generated content can be copyrighted, then questions immediately follow about who owns it, the human who prompted it, the developer who built the AI, or both. The case is awaiting a hearing date.

The consultation closes September 23, 2026. You can respond anonymously through the Government's online survey or submit written comments by email to AIConsultations-ConsultationsIA@ised-isde.gc.ca.

What transparency do you think Canadians should expect from AI?