- Member of Parliament
- Member of Parliament
- Liberal
- Richmond Centre
- British Columbia
- Voting Attendance: 67%
- Expenses Last Quarter: $128,536.04
- Government Page
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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