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Decentralized Democracy

House Hansard - 106

44th Parl. 1st Sess.
October 3, 2022 11:00AM
Context: House Hansard - 106 - Oct/3/22
Mr. Sébastien Lemire (Abitibi—Témiscamingue, BQ)
Madam Speaker, I am very pleased to be here today to speak to Bill C-244, which amends the Copyright Act “to allow the circumvention of a technological protection measure in a computer program if the circumvention is solely for the purpose of the diagnosis, maintenance or repair of a product in which the program is embedded.” If this bill is passed, companies will now be allowed to manufacture, import, distribute, sell or rent technology supplies, devices or components used for diagnostic maintenance or repair. Ultimately, the Copyright Act is designed to protect literary and artistic property rights and to encourage fair value for the work that is done, and it will continue to do so. Bill C-244 does not allow a person to break the digital locks that prevent copying or altering an artistic work without the consent of the copyright owner. It will allow someone to do so for the sole purpose of repairing the product. The Bloc Québécois will vote for the bill. Let us not forget that a similar bill was introduced in the last Parliament and it passed unanimously, 330 votes to 0. I always wonder about bills that pass unanimously. Perhaps we should have acted more swiftly. Members will recall that an election was called and all the bills died on the Order Paper. With the election being called, the analysis of the bill was interrupted right in the middle of its study at the Standing Committee on Industry and Technology, of which I am a member. Although Quebec has not codified the circular economy, it applies the principles of the circular economy in many of its policies, and most of its major industrial strategies are now developed in accordance with this principle that seeks to reclaim the materials and energy used to produce goods. It is high time we reconsidered the linear economic model and went back to repairing the goods we consume. Today, education on the environment and sustainable development, starting as early as elementary school, also includes raising awareness about reducing waste, reusing and recycling products and materials, as well as sorting. Équiterre also invites us to sign a petition on its website. To be consistent, we must adopt a new paradigm and stop throwing money in the garbage. Our societies are catching on to the downsides of creating waste and cluing in to the economic and energy-producing potential of unwanted objects. New legislation and policy in Quebec reflect that awareness. Quebec's National Assembly is currently debating a bill that would actually ban planned obsolescence and force companies to label their products with a sustainability and repairability rating. An ambitious update to the Consumer Protection Act is needed to make companies change their practices in ways that benefit consumers. Far from interfering with the work of the National Assembly, Bill C‑244 will prevent manufacturers from using the federal Copyright Act to thwart Quebec's efforts to protect consumers from this practice better than any other jurisdiction in the world. A World Bank report entitled “What a waste” lists several initiatives from around the world aimed at reducing the quantity of goods that end up in landfills. In Italy, the competition bureau has fined companies for intentionally making old phones obsolete in order to entice people to buy a new one. Here in Canada, meanwhile, there are stories of people being threatened with lawsuits for fixing a broken product without authorization from the retailer. It makes no sense. In January, France celebrated one year since its legislation came into effect. It is evolving to force companies to be more ethical and transparent about the repairability of their products. In the United States, several states are discussing it or have already started focusing on the issue of repairs. The objectives are clear. We have to break free from disposable plastic, better inform consumers, fight waste and, in terms of reusing solid waste, take action against planned obsolescence and demand better production. That is where our future lies. The future looks bright for repair services. Not only are more and more consumers fed up with the “buy-use-toss" cycle and the immense waste it creates, but repair tutorials and DIY support groups have become extremely popular online and across Quebec. There is now an online platform that compiles DIY repair manuals for a host of electronics. I am sure the repair services of this world, such as iFixit, will make consumers very happy. The movement is taking hold, although several pieces of legislation still need to be modernized. In the meantime, people can still avail themselves of the right to repair by fixing their devices, since they have nothing to lose by trying to repair something that is already broken. Unfortunately, until this right is formally recognized in legislation, consumers will likely resign themselves to the reality of having to throw things away, or at best recycling them, because they were designed and assembled in factories with moulding equipment and parts that cannot be replaced. This societal shift is being led by ordinary citizens and is gaining momentum. All levels of government must act, because not only is waste a health issue, but it is also key to the green transition, since resources to produce these goods are not available in infinite quantities. Under section 92.13 of the British North America Act, matters of a private nature are subjects of exclusive provincial legislation. This section has to do with property and civil rights. That is why in Quebec, RECYC-QUÉBEC or the Office de la protection du consommateur programs are invested in this modernization. However, actions under federal law are still possible and this bill is a first step towards limiting them and opening the door to repairing goods. Bill C‑244 respects jurisdictions and leaves it to the provinces to define the right-to-repair principle. Given that technological waste represents a growing environmental concern, several pieces of legislation should be amended to address the issue. Today's debate concerns a small part of this burden, but we must consider making legislative amendments to allow the repair, diagnostics and maintenance of electronic devices in particular. This definitely needs to be considered. Bill C-244 is an worthwhile measure that confirms the right to repair products that belong to us or to have them repaired and that the people doing the repairs, whether they be mechanics or computer specialists, will no longer risk being sued for copyright infringement. This will open the door to healthy competition and the development of the SMEs that we are so proud of in Quebec. As an aside, this is particularly important in the regions, where there is not always access to very specialized services for the repair of tractors or Apple devices, for example. This measure also confirms that we will have other choices besides a company's authorized retailer. This bill will be particularly useful in the regions, where large corporations do not open stores, which means that it is virtually impossible to get products repaired. Despite the difficulties facing some companies that want to adopt the principles of the circular economy, we can still make adjustments and promote “repairability”. Little by little, everyone will discover the benefits. I invite as many people as possible to change their consumer habits before buying a product. I invite them to ask about the availability of parts and whether manufacturers provide repair services. I invite them to choose the manufacturer that can sell them parts and help them have their product repaired. I invite them to encourage businesses that offer repair services for their goods. They could also opt for used or refurbished products that often cost less. The automobile industry is a model in that regard. Last week, I was able to have a good discussion with representatives of LKQ, who target automotive sites. Automotive manufacturers now own a great deal of strategic data, which is locked. This cuts down on the number of people repairing goods in the regions and also elsewhere. These repair persons are essential and provide services for less. The control device has a repair cost. If the information is so highly controlled, there is a cost that is passed on to the consumer. I think we also need to modernize the Copyright Act. I am thinking about businesses such as Copibec and Access Copyright, which gave me the opportunity, in meetings last year, to talk about the importance of publishers when it comes to the use of educational materials and the loss of revenue associated with sales in the education sector. If Minister Champagne is listening, I would encourage him to speed up—
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