- Member of Parliament
- Member of Parliament
- Liberal
- Richmond Centre
- British Columbia
- Voting Attendance: 67%
- Expenses Last Quarter: $128,536.04
- Government Page
Madam Speaker, Bill C-294 tackles a public policy challenge of importance to Canadians. I believe that we need to do more to facilitate the interoperability of products. An interoperability-friendly environment means empowering Canadians to adapt the products they own to their needs. For example, it means giving the ability to farmers to install different add-ons to their tractors so that they can do a number of different tasks with the same piece of machinery. It also means giving Canadians the ability to render compatible their old electronic devices with new technological standards to address the accumulation of electronic waste on our planet.
Many of the current obstacles to interoperability have arisen as a result of new market dynamics created by digital technologies and the increase of embedded software in products such as smart phones, televisions and vehicles. Removing these obstacles will require a variety of measures in both federal and provincial areas of responsibility. At the federal level, there is one particular marketplace framework that comes into play when discussing interoperability, and that is the Copyright Act, which is the subject of amendments proposed in Bill C-294.
The Copyright Act, as it currently reads, represents an obstacle to the ability of Canadians to extend the life cycles of their software-enabled products protected by digital locks. The Copyright Act prohibits Canadians to circumvent digital locks protecting copyrighted content like software. An exception to this prohibition already allows the circumvention of digital locks for the purpose of interoperability, but it is limited to the making of two computer programs interoperable. Bill C-294 seeks to expand this exception to allow Canadians to also circumvent digital locks to make their software-enabled products interoperable with other devices or components. This bill will work in conjunction with my private member's bill, Bill C-244, which was just voted on, to allow Canadians an increased autonomy over their purchased goods.
Because of the complexity of copyright policies and the issues related to interoperability, it remains that an expanded interoperability exception, such as the one proposed in Bill C-294, should be carefully considered so as to prevent any unintended consequences. Without prejudging the outcome of Bill C-294, I look forward to working with my colleagues to constructively scrutinize this bill.
Last year, the government conducted a number of consultations on copyright, one of which discussed the interoperability issue. The government's consultation on a modern copyright framework for artificial intelligence and the Internet of things highlighted some of the challenges for Canadians in rendering their products protected by digital locks interoperable with other products. The comments provided by stakeholders in response to this consultation are publicly available and they will greatly assist in our work.
First, some stakeholders pointed to the importance of ensuring that exceptions allowing the circumvention of digital locks respect Canada's treaty obligations. Canada must provide legal protections for digital locks that, notably, respect the terms of the World Intellectual Property Organization's Internet treaties. Canada also needs to comply with the additional requirements to protect digital locks that have been integrated into CUSMA, the Canada-United States-Mexico Agreement, which limits our flexibility to enact new exceptions allowing for the circumvention of digital locks or to expand the existing ones.
It will thus be important to ensure that the measures proposed in Bill C-294 and their effects on the Copyright Act comply with Canada's international obligations.
Second, I urge us to consider the perspective of a broad range of stakeholders in studying Bill C-294. The diversity of views will enrich the policy debate and lead to a more effective balancing of the various interests at play. The stakeholder submissions received in response to the government's consultations attest to this diversity of views.
Particularly, manufacturers have expressed concerns that expanding the scope of exceptions allowing the circumvention of digital locks could introduce personal safety and security risks for consumers. They have also noted potential cybersecurity and privacy risks, especially for products that connect to the Internet. Moreover, copyright holders argue that expanding these exceptions would expose them to piracy of their content and potential economic losses. We need to ensure the amendment sought in Bill C-294 does not negatively impact the ability of manufacturers and copyright holders to market their products and innovate.
Despite these considerations that will need further exploration, I want to reiterate the important issue Bill C-294 brings forward to us as it seeks to remove an important barrier to the interoperability of products. I look forward to continued discussions on this important matter.
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Madam Speaker, I am pleased to rise in the House today in support of my private member's bill, Bill C-244, an act to amend the Copyright Act, which would allow all Canadians the right to diagnosis, maintenance and repair, and I am very excited to see this bill come up for a vote very soon.
The concerns of this bill impact the lives of Canadians in almost every aspect, from the tools and equipment we rely on in our day-to-day lives, to the transportation we use and commute with and the environment we care a lot about, for now and our future. The most notably impacts would be to Canadians' consumer rights, allowing consumers to gain autonomy over the goods they purchase. The support received for Bill C-244 is commendable, and we all understand that this issue is non-partisan and does not fall within one demographic but to every Canadian from coast to coast to coast.
This piece of legislation spearheads the conversation on the right to repair, and I hope to see it being discussed and studied at the standing committee in the near future. Bill C-244 addresses concerns regarding digital devices that have become increasingly prevalent over the past decade. As digital technology continues to advance, we are more connected than ever, as technology has become a fundamental part of life.
The Copyright Act as it stands today does not account for the right to repair and is preventing repairs from being done on copyrighted products, even when nothing is being copied or distributed, and today we are seeing more and more of the Internet of things in the products we purchased, all of which are protected by copyright through technological protection measures, also known as TPMs, and any circumvention to them would be considered illegal, violating the Copyright Act, and could potentially lead to charges of breaking a federal law.
This is the reason Bill C-244 would create a pathway to a broadened right to repair framework, allowing provincial and territorial governments to create their own right to repair legislation however they see fit and ensure sustainability for future generations to come.
I will give an example. The phone I have costs over $1,000, and members can guess what would happen if I were to break my screen. I would have to go to an authorized dealer repair shop to have it repaired, with an estimated cost of $329, as shown online. What would happen if I were to go to an unauthorized repair store to have it fixed for less than the estimate? The problem I might encounter is that there would be a pop-up on the screen showing that unauthorized or non-genuine parts are detected, possibly voiding any warranties moving forward.
Similar situations would apply when replacing an LED touch screen panel on a refrigerator or maintaining a new electric vehicle that someone just purchased. These technological protection measures can inadvertently prevent repairs and limit the lifespan of a product's useful life.
Canadians should have the option to repair the products they purchase and own. The circumvention of technological protection measures we are discussing, and which would be allowed under Bill C-244, would be for the sole purpose of diagnosis, maintenance and repair only. Any other circumvention would be considered illegal under the Copyright Act.
Before I end my words, I like to thank the member for Cambridge for the work he has done in the last Parliament and all of those who have shared their comments about Bill C-244 with me, with the hope of seeing this bill pass in the coming vote.
I thank them for their support, and I thank the members for their debate today.
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Mr. Speaker, the bill actually addresses and creates a lot of economic opportunities in our nation. It would also expand on a new industry with repairs, spare parts and aftermarket parts, potentially OEM products. This is why it is important for us to discuss the bill together to see how we can fine-tune it to that sweet spot so that all Canadians can benefit from the bill.
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Mr. Speaker, Bill C-244 addresses the right to repair for all Canadians. I know the member for Windsor West previously tabled a bill similar to this for the auto industry. I understand that it was at a point where voluntarily the automotive industry had exemptions for the right to repair. However, it is not mandatory, and right now the right to repair framework has yet to address this issue further. I look forward to more discussion and also debate with members of the House to better improve the bill.
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Mr. Speaker, my French is not very good at the moment, so I will answer in English.
As we all know, the bill was tabled previously by the member for Cambridge, and it was unanimously moved forward to committee before the House rose. I look forward to the support of the members of the House for the bill so that we can further study this topic and, if necessary, create amendments to the bill to perfect it, so that we can carry out the right to repair for all Canadians.
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Mr. Speaker, this bill addresses the right to repair for diagnosis and maintenance. It is important for us to carry out this framework so that we can help farmers in rural areas and allow them to have their equipment repaired within a close proximity so they do not need to travel far distances. Concerning safety, it would be difficult for farmers to not repair the expensive equipment they have purchased.
I look forward to this bill moving forward to committee, where we can further discuss this topic and hear the member's recommendations.
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moved that Bill C-244, An Act to amend the Copyright Act (diagnosis, maintenance and repair), be read the second time and referred to a committee.
He said: Mr. Speaker, I am honoured to stand here today in the House to speak to my private member's bill, Bill C-244, an act to amend the Copyright Act, which would allow Canadians the right to diagnosis, maintenance and repair. This bill was tabled previously by the member for Cambridge, and I would like to take this opportunity to acknowledge their work.
It is a great privilege to be drawn so early for Private Members' Business on such an important bill. This bill is part of the mandate letter for the Minister of Innovation, Science and Industry. In the last Parliament, all parties in the House unanimously supported this bill. It was discussed in the Standing Committee on Industry, Science and Technology before the House rose.
Bill C-244 would fundamentally change the way consumers interact with the products they purchase with their hard-earned money. Introducing the right to repair would allow for wide-ranging solutions to some of the world's most pressing environmental issues. It would better inform Canadians of the environmental impacts coming from the products they purchase. This bill is non-partisan and would benefit all Canadians from coast to coast to coast.
It would create a pathway for a right-to-repair framework to be implemented within our provincial and territorial governments. The right-to-repair framework is a multi-dimensional issue. It is an important consideration for consumer protection, for competition and for intellectual property. The right to repair takes a user-friendly approach and responds to some of the most common consumer problems in allowing repairs to be made locally while also driving technological innovation. It is my sincere hope that this bill will be supported by my fellow members of the House.
The lifetime of electronics has diminished dramatically over the past decade, with consumers finding it to be more cost-effective to replace their broken items rather than repair them. This means that Canadians are not only paying more for the products they are using; they are also using them for less time. Ever-increasing numbers of products are ending up in landfills. There are over 20 million tonnes of electronic waste across the world right now as a result of the lifespan of devices being limited by planned obsolescence.
Planned obsolescence refers to the shortening of a product's useful life and making it out of date within a short period of time. This practice is costing thousands of dollars every year for middle-class families, many of whom are already feeling the effects of rising inflation due to the pandemic. This practice is creating a significant environmental impact, which Bill C-244 proposes to address.
This bill would protect consumers, create a positive impact on their savings account and contribute to a sustainable future. By introducing a limited scope of change to allow the diagnosis, maintenance or repair of a product, we would be reducing waste to our landfills and extending the lifespan of a product. The introduction of a right-to-repair framework would reduce the detrimental mining currently required to produce new products and conserve the country's precious natural resources.
Activists and organizations around the world have been advocating adoption of the right to repair. This movement began during the infancy of the computer era in the 1950s. I am pleased to bring forth this bill today in the House.
The Copyright Act prevents repairs to copyrighted products, although nothing is being copied or distributed. This is beyond the scope of the purpose for which the legislation was intended. This practice could be considered anti-competitive in nature, which brings into question the legality of the Copyright Act. Industry players and lobbyists have suggested that intellectual property rights, security and safety concerns should limit a consumer's right to repair, but it should not be that way.
Years ago, products were made with simple parts without the use of smart technologies. Now everything from washing machines to video game consoles are customizable. While this brings a huge advantage to the informed consumer, the cost of repairs associated with smart devices can add up quickly.
This can cost the average Canadian more time and money in the long term. The right to repair can extend the life of a product by allowing manufacturers to supply information and spare parts and to facilitate replication after the part is no longer produced. Without the proposed right to repair amendment, if consumers decided to circumvent a technological protection measure, also known as a TPM, they could face legal consequences, simply for trying to repair their own product.
TPMs are put in place by the manufacturer to control and limit the use of a product, preventing the modification of the original work. Currently, it is illegal to circumvent technological protection measures in Canada. TPMs can restrict access to the basic information needed for diagnosis, maintenance or repair. They can also prevent repairs from being completed at all.
I believe the owner of a product should have the right to repair it. Copyright exists to protect the intellectual property and the original work of its creator. It ensures that programmers, developers and artists are fairly compensated for their contributions. As technology becomes more important in our daily lives, the use of our digital devices will become more relied upon for everyday services. Under the Copyright Act, the costs associated with ownership are significant and reoccurring. The right to repair can provide a road map to address these concerns.
Bill C-244 ensures that everyone has fair access to user manuals and software updates for their products. This bill will pave the way for making more parts and tools available. In the future, products can be designed in a more sustainable way and these repairs can be made easily by a third party. Providing these options is crucial, which we have seen during the pandemic, as Canadians rely on their digital devices to do their jobs and communicate safely with their loved ones.
Within the technology sector, reuse is the best green policy. Some of the most common repairs can cause malfunctions due to TPMs embedded within the product. A local repair shop could be making these repairs with a right to repair framework. Repair shops have access to replacement parts for limited products, but many businesses are avoiding this option due to the legal challenges that are placed on them. This means higher costs for Canadians, with more items being sent to landfills before they need to be. Bill C-244 seeks to avoid future problems with the Copyright Act by ensuring that repairs can be completed safely and efficiently.
Canada employs a voluntary exemption in the automotive industry, and Canadians can bring their vehicles to a local repair shop for this reason, supporting a local business in the process. Within the agriculture sector, farming equipment has different requirements. The Copyright Act can prevent farmers from repairing their equipment safely. As the cost of living continues to increase, this becomes very important to consider. Our country’s farmers have been hit hard by the lack of a right to repair framework. It is my hope to provide Canadians with the replacement parts they need for a fair price and close to home. Offering secure options for repairs will provide peace of mind when something goes wrong.
In the medical sector, equipment became critical for many hospitals. Some of the most expensive equipment can make emergency repairs difficult. Repair technicians have been denied access to repair information and medical equipment since the pandemic began. Technicians should be allowed to repair equipment and perform diagnostic tests. We simply cannot leave hospitals and patients stranded during the worst pandemic we have experienced in our lives. We should allow the repairs hospitals need to care for our friends and family.
Many countries are committed to a sustainable future. The United States government also supported a right to repair framework, and 19 states now have their own right to repair measures. European countries are also legislating in this area as of 2021, where manufacturers can provide spare parts for simple and safe repairs. This legislation also requires that manufacturers can make other parts available to repair shops across Europe.
Clearly, it is time to address the limitations of the Copyright Act in Canada now.
Bill C-244 would change the definition of a technological protection measure; apply it to the software and computer programs within the product; allow circumvention of an encrypted program under section 41 of the Copyright Act; allow for the transfer of devices to service providers solely for the purpose of diagnosis, maintenance and repair; and most importantly, allow Canada to be a leader in sustainable consumerism.
Individuals will seek out the most cost-effective option when considering the repair or replacement of a product. The right to repair framework works within the free market system, allowing consumers to choose the best option for them. This provides continued innovation and growth when bringing new products to the market.
Let me be clear on the limitations of this bill, to address any pressing concerns of the members of the House. The circumvention of the TPMs would be allowed for the sole purpose of diagnosis, maintenance and repair only. Any other circumvention would be considered illegal. This would not rewrite the Copyright Act. The protection of the original work would remain, with legal options available against those who would violate the copyright illegally.
By creating a limited scope of change, Canadians would have the power to repair their own products. This change is designed to put a measure of control back into the hands of Canadians. Let us give hard-working Canadians repair options and save them money in the process. Let us work together in building a greener future for everyone and for our future generations to enjoy.
It is my sincere hope that fellow members in the House see the benefit for Canadians in the proposed amendment and will vote together in support of the right to repair. I urge all members of the House to join me in supporting this bill, and I look forward to any questions and debates from my colleagues.
We must ensure Canada is a global leader in sustainable consumerism and a strong champion for consumer rights.
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moved for leave to introduce Bill C-244, an act to amend the Copyright Act (diagnosis, maintenance and repair).
He said: Mr. Speaker, it is my pleasure to rise today to introduce my private member's bill, Bill C-244, an act to amend the Copyright Act, one part of our right to repair system in Canada.
I would like to start off by saying that this bill was previously tabled in February 2021 by my hon. colleague, the member for Cambridge, and made it through the committee studies. It is my honour to bring this bill back in the 44th Parliament because it is still critical to the protection of Canadian consumers and our environment.
The bill is aimed at addressing copyright that is being used to stop Canadians from repairing and maintaining items that have been purchased and are owned by Canadians. It is a targeted bill that creates specific exemptions to copyright. When an individual makes a purchase of an item, the owner should have a right to repair it and not be restricted by the manufacturer. Being able to repair the items we own is critical to the well-being of our environment.
Canada has the ability to be an international leader in sustainable consumerism and act as a model on how to live a more environmentally friendly lifestyle with the things we buy. Canadians work hard to purchase the things they own and should have a right to repair these items as well.
I look forward to the debate and the support of my colleagues in the House.
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