Question Period Note: RIGHT TO REPAIR

What is the government doing to facilitate the right to repair for Canadian consumers?

• Consumers want their home appliances and electronics to last longer and to be able to repair them when needed because of the high cost of replacing such items as well as the waste created when throwing them out.
• The Government of Canada is committed to removing barriers to repairing products, and encouraging manufacturers to better meet consumers’ needs.
• That is why the government amended the Competition Act to address refusal to repair, and supported bills C-244 and C-294 amending the Copyright Act.
• The government has organized an online consultation and is holding roundtable discussions with stakeholders, while also working closely with provinces and territories to advance the implementation of a right to repair.

Mandate Letter Commitments

On December 16, 2021, the Prime Minister asked the Minister of Innovation, Science and Industry, via his mandate letter, to: “Work with the Minister of Environment and Climate Change to implement a ‘right to repair’ to extend the life of home appliances, particularly electronics, by requiring manufacturers to supply repair manuals and spare parts, and by amending the Copyright Act to allow for the repair of digital devices and systems.”

Two other Ministers were mandated to implement right-to-repair measures:

• The Minister of Finance was asked: “To extend the life of home appliances, introduce a 15 per cent tax credit of up to $500 to cover the cost of repairs performed by technicians;” and,
• The Minister of Environment and Climate Change was asked to: “Work with the Minister of Innovation, Science and Industry to implement a “right to repair” to extend the life of home appliances, particularly electronics, and require businesses to inform Canadians of the environmental impacts of consumer products.”

 
Budget 2023 and 2023 Fall Economic Statement

In Budget 2023, the government announced that it would work to implement a right to repair, including consultations launching and close coordination with provinces and territories.

In the 2023 Fall Economic Statement, the government announced that it would amend the Competition Act in order to prevent manufacturers from refusing to provide the means of diagnosis or repair of devices and products in an anti-competitive manner. On June 20, 2024, Bill C-59, the Fall Statement Implementation Act, which amended the Competition Act, received royal assent and broadened direct access to the Competition Tribunal by private applicants, including the availability of monetary payments.

Budget 2024
As proposed in Budget 2024, the government launched consultations in June 2024 to develop a right to repair framework focused on durability, repairability, and interoperability. The government also called on provinces and territories to amend their contract laws to support a right to repair and interoperability. Quebec’s Bill 29 was referenced as an example of how provinces can protect consumers by promoting right to repair.

The government is continuing to examine:
• Planned obsolescence, which is when manufacturers intentionally create products that break quickly;
• The merits of a durability index, which could help Canadians better understand how long their device is expected to last; and
• If there is the need for further federal legislative changes to support right to repair.

Public Consultation

The online consultation for right to repair closed on September 26, 2024. Innovation, Science and Economic Development Canada and Environment and Climate Change Canada will hold targeted discussions with representatives from a range of consumer and industry stakeholders in the fall. Additionally, and as part of this process, Agriculture and Agri-Food Canada will hold targeted discussions focused on interoperability and farm equipment, and the distinct considerations related to this product category of repairability. Following discussions, the Government of Canada will publicly report on the findings of the consultation in early 2025.

Copyright and Right to Repair

On November 7, 2024, two private members’ bills related to the Minister’s mandate letter commitment to remove copyright obstacles to repair received royal assent. Bill C-244 and Bill C-294 remove barriers in the technological protection measure (TPM) regime in the Copyright Act. This regime prohibits users from circumventing TPMs (also known as digital locks) used by copyright holders to prevent accessing, copying or sharing of their content without authorisation.

Bill C-244 amends the Copyright Act to allow the circumvention of a TPM if the circumvention is for the purpose of maintaining or repairing a product, including any related diagnosing. It thus directly supports the Minister’s repair commitment.

Bill C-294 amends the Copyright Act to expand the exception permitting the circumvention of a TPM in order to achieve interoperability. It aligns with the spirit of the Minister’s repair commitment, as it could facilitate the extension of product lifecycles.

Provincial/Territorial Jurisdiction

In addition to measures at the federal level, measures under provincial/territorial jurisdiction over consumer protection and property rights would be needed to empower Canadians with a full “right to repair”. For instance, many contractual agreements include conditions restricting repair (e.g., prohibit the circumvention of a TPM; void the product warranty if one does not use an authorised repair service provider). Contracts generally fall under provincial/territorial jurisdiction.

• The Government of Canada is working to build a more resilient, sustainable, and competitive economy.
• It is taking action to allow Canadians the flexibility to choose the best options for maintaining and repairing their devices and equipment.
• Facilitating the repair of goods is a multi-faceted public policy challenge that might require a variety of measures, including at the provincial and territorial level.
• The government will do its part to remove as many obstacles as possible and to encourage manufacturers to better meet the needs of consumers.