Artificial Intelligence

Artificial intelligence (AI) commonly refers to computer systems or software that can perform tasks that typically require human intelligence, such as generating text or images, recognizing patterns, analyzing information, making predictions, or assisting with decision-making.

No. Although the federal government previously proposed the Artificial Intelligence and Data Act (AIDA), it hasn't been enacted into law. Similarly, Canada’s National Artificial Intelligence Strategy: AI for All contemplates updating existing and/or introducing new AI-related legislation, but as of June 24, 2026, nothing has yet been enacted. As a result, Canada doesn’t have a single overarching law that regulates AI. However, certain existing federal and provincial laws may impact specific aspects of AI, for example, privacy, human rights and copyright issues.

Some key questions to consider include:

• Privacy and security:
  1. How does the AI system collect, use and disclose personal information?
  2. How is personal information protected?
  3. Is personal information stored in Canada?
  4. Is the system’s collection, use, and disclosure of personal information consistent with the board, association or REALTOR®’s privacy policy?
• Confidentiality: 
  1. Will content uploaded to the AI system be disclosed, in whole or in part, to any third party, such as for training the AI system for use by other users?
• Copyright and data ownership: 
  1. What does the contract say regarding the ownership of data uploaded to, or generated from, the AI system? 
• Warranties and indemnities:
  1. Does the contract include any indemnities that protects the board, association or REALTOR® from third-party IP claims with respect to the board, association or REALTOR®’s use of the system? 
  2. Does the system come with any warranties regarding what the AI system may safely be used for?

All use of AI with personal information must continue to comply with applicable privacy law. 

As a result, boards, associations and REALTORS® should consider: 

• the terms and conditions of any AI system; 
• their own privacy and confidentiality policies; and
• any relevant guidance that has been issued by the applicable real estate regulator (in the case of REALTORS®) or provincial or federal privacy commissioners with respect to the use of AI systems,

before uploading personal information to such systems. 

For example, in British Columbia, the BC Financial Services Authority’s Artificial Intelligence guidance states: “Always ensure that you have acquired your clients’ informed consent before using their information (and information obtained on their behalf) in an AI tool.”

Such due diligence is important as it can identify how an AI system collects, uses and discloses personal information and whether, among other things, the board, association or REALTOR® has the necessary consents in place in order to use personal information on the AI system for the intended purpose.

Authorship and ownership of AI-generated content are subject to ongoing legal debate in Canada. In 2023-2024 the federal government conducted a consultation on this issue. As of the date of publishing this FAQ, the federal government has not proposed legislative amendments specifically addressing ownership of AI-generated content.

The default rule when it comes to copyright is that the author is the first owner of copyright (subject to certain exceptions). While there is no definition of “author” in Canada’s Copyright Act, copyright jurisprudence suggests an author must be a natural person. This suggests copyright protection may apply to AI-generated works involving meaningful human creative contribution, while purely AI-generated content may not qualify for copyright protection.

Boards, associations and REALTORS® who intend to use AI to generate content may wish to speak to their legal counsel so they understand the risks involved and can take steps to bolster the likelihood of content ownership.

Yes. AI systems may reproduce or amplify biases present in their training data. Boards, associations and REALTORS® should ensure AI-generated content complies with applicable human rights legislation and does not discriminate.

A number of legal risks could arise if AI is used as part of a hiring process:

• Risk that Canadian human rights legislation is violated if the use of AI perpetuates or amplifies biases present in historical data used to train the AI system.
• Privacy risk if candidate information is uploaded to an AI system without the candidate’s knowledge or consent.

Further, some jurisdictions require transparency regarding AI use. For instance, Ontario’s Working for Workers Act mandates that employers with 25 or more employees explicitly state in publicly advertised job postings whether AI is used to screen, assess, or select applicants.

Boards, associations and REALTORS® who wish to use AI as part of their hiring process are encouraged to speak to their employment lawyer about how they can safely do so. They may recommend, among other things, that certain AI-assisted hiring decisions be subject to appropriate human review and oversight.

An AI hallucination occurs when an AI system generates information that sounds accurate or convincing but is actually false, misleading, incomplete, or entirely fabricated.

Boards, associations and REALTORS® may wish to consider the following practices:

• Require human review and verification. AI-generated content should be reviewed by a knowledgeable person before it is published, shared with clients, or relied upon in decision-making.
• Exercise caution when using AI for high-risk tasks. Boards, associations and REALTORS® should exercise caution when using AI for tasks involving legal advice or other areas requiring specialized expertise. Where appropriate, outside professional advice should be obtained.
• Provide training and establish internal policies. Training can help staff and sales representatives understand the limitations and risks of AI systems, including hallucinations. 

Boards, associations and REALTORS® may wish to consider the following guidance:

• The Federal Privacy Commissioner’s Privacy and Artificial Intelligence (AI) website, which provides guidance as to the Commissioner’s expectations. 
• A joint statement from Canada’s privacy commissioners setting out Principles for responsible, trustworthy and privacy-protective generative AI technologies.
• A joint statement from Ontario’s Information and Privacy Commissioner and Ontario Human Rights Commission regarding joint principles to guide the responsible adoption of artificial intelligence (AI) systems.
• British Columbia’s real estate regulator, BCFSA’s Artificial Intelligence Guideline.

Although the above resources don’t always directly apply to all boards, associations and REALTORS® (for example, BCFSA’s guideline only directly applies REALTORS® in B.C), they all contain useful information boards, associations and REALTORS® may wish to consider as they develop their AI policies. 

Boards, associations and REALTORS® who are interested in developing their own AI systems, may also wish to consider Innovation, Science and Economic Development Canada’s Voluntary Code of Conduct on the Responsible Development and Management of Advanced Generative AI Systems.

Yes. The use of technology, such as AI, does not alter a REALTOR®’s obligations under federal or provincial law, a REALTOR®’s obligations to their clients, or a REALTOR®’s duty to comply with the REALTOR® Code or other policies in place at their board, provincial association or CREA. 

A REALTOR® who creates inaccurate, deceptive or misleading information as a result of using AI runs the risk of being held responsible for violating their legal obligations of the REALTOR® Code.

For this reason, REALTORS® should independently verify AI-generated information before relying on it or sharing it with clients or the public.

The Code does not contain explicit clauses regarding the use of AI systems and listing content. That said, several sections of the Code could be engaged if a REALTOR® uses an AI system to alter a listing image such that the listing is no longer accurate. This includes:

• Article 13 – Advertising: Content and Accuracy, which states all advertising and promotion of properties shall accurately reflect property and other details; and
• Article 15 – Advertising Claims, which states claims or offerings in advertising must be accurate, clear and understandable.

REALTORS® using AI should therefore take care to ensure that any advertising of AI-altered listing images remains accurate. As a good practice, REALTORS® should consider using clear and prominent disclaimers indicating how and/or whether an image has been altered and any other requirements required by your board or association’s MLS® System Rules.

Ultimately, whether advertising a particular AI-altered image violates the REALTOR® Code will depend on the facts and circumstances as interpreted by local boards and associations (or such other body that has been delegated to enforce the Code on their behalf), who have exclusive authority to interpret and apply the REALTOR® Code with respect to complaints received by the board or association. 

It is prudent to disclose when a listing image has been altered by AI in order to mitigate the risk of a REALTOR® Code or other complaint arising. Some boards, associations, and real estate regulators may also require or recommend such disclosures.

For example, in British Columbia, BCFSA’s Artificial Intelligence guidance states: “While it may be okay to use an AI tool to virtually stage a house, you should label photos or videos that have been altered and enhanced, so you do not mislead a potential buyer.” 

A REALTOR® who uses AI to write or translate a listing description should ensure the listing description is accurate.

A REALTOR® who uses AI to generate inaccurate, deceptive or misleading listing information risks being held responsible for violating the REALTOR® Code, including but not limited to, Article 13 (Advertising: Content and Accuracy) and Article 15 (Advertising Claims).

As noted in the FAQ entitled Do boards, associations and REALTORS® own the copyright to AI-generated content such as listing descriptions, photos, marketing materials or other content, there may also be copyright issues with using AI to write listing descriptions.

CREA isn’t aware of any statute or regulation that obligates a brokerage to have an AI policy. Further, CREA’s By-Laws, Rules and policies do not obligate brokerages to have an AI policy.

That said, it’s prudent for a brokerage to adopt an AI policy to provide guidance to brokerage staff and sales representatives on how AI may be used at the brokerage.  An AI policy could also mitigate risks associated with privacy and confidentiality, copyright, AI hallucinations, and/or risks associated with the creation of inaccurate, misleading or discriminatory AI-generated content.  

Although CREA is not aware of any statute, regulation or policy that obligates a brokerage to train its staff and sales representatives on AI systems from a risk-management perspective, it’s prudent for a brokerage to mitigate the risks associated with AI and reduce the likelihood that an AI system be misused. From a practical perspective, training can also help staff and sales representatives get the most out of using AI systems.

While REALTOR.ca does not prohibit AI-altered images, REALTORS® who upload listing content to REALTOR.ca are subject to CREA’s Listing Content on REALTOR.ca policy, which is part of CREA’s Technology Policy Manual. The Listing Content on REALTOR.ca policy states, listing content must not be false, misleading or inaccurate, as determined by REALTOR.ca Canada Inc. in its sole discretion. 

As a result, REALTORS® who upload misleading AI-altered listing content risk having the content removed from REALTOR.ca by REALTOR.ca Canada Inc. 

Members who wish to use AI on REALTOR.ca may wish to contact REALTOR.ca Canada Inc. with their suggestions, as REALTOR.ca, the REALTOR.ca DDF®, and related tools are continually evolving to meet member needs and may provide certain pathways and functionality to allow for AI-altered images to be displayed in a transparent manner.

No. CREA is not aware of any Canadian statute or regulation that obligates a board or association to have an AI policy. CREA’s by-laws, rules and policies do not obligate boards and associations to have an AI policy.

Boards and associations may wish to consider adopting a by-law, rule or policy providing parameters for REALTORS® in specific situations. For example, boards/associations may wish to consider MLS® System Rules related to AI to ensure the board/association’s MLS® System information continues to be accurate. 

However, boards and associations should be aware that imposing restrictions on how members may use AI could raise competition issues, particularly where restrictions could limit competition among members or affect the manner in which services are offered. For this reason, it is recommended that boards and associations consult competition counsel before imposing any limitations regarding the use of AI. 

Yes. Many of the risks associated with AI, whether they relate to privacy, copyright or other issues, can be mitigated through a carefully thought-out policy.