44th Parl. 1st Sess.
October 3, 2022 11:00AM
Mr. Speaker, it is an honour for me to rise in the House today to speak to this legislation, Bill C-244. This is a good day. It is not a super common day in the House that all parties come together and, for the most part, agree on the generality or principles of a bill, but I think this happens to be one of those days. That is where Canadians are, and we are here to serve Canadians and to be their voice in getting things done.
The bill seeks to amend the Copyright Act. Whenever we do something like that, we have to be careful to protect the rights of producers, artists and inventors of things that have copyrights, so we do this carefully. However, at the same time, we do this keeping in mind the consumer and the taxpayer. I would like to commend my hon. colleague, the member for Richmond Centre, for his fine work on the legislation and for bringing it forward. I am glad we have the opportunity this morning to discuss it.
I hope we are able to, once this has gone through committee and comes back to the House for its final reading, work in the spirit of camaraderie and do other things like Canadians are asking us to do, such as provide tax relief and, more important, affordability. This is something we cannot lose sight of here, the whole aspect of affordability.
Bill C-244 seeks to amend exactly that, and to amend sections of the Copyright Act, chiefly where existing legislation deals with the subjects of diagnosis, maintenance and repair.
I would like to focus my comments this morning on how the legislation would impact the agriculture industry. Serving on the agriculture committee and being in an area that is very heavily centred on agriculture, this is very applicable, I would like to look at the legislation through the lens of affordability, as well as address a few of the concerns brought forward by manufacturers.
If we were to put this bill in a nutshell, into everyday language, we could say that if we buy something, we own it. As an owner of a product, whether it is an electronic device, or a household device like a dishwasher or a stove, or an automobile, or a piece of farm machinery or an implement, or a piece of construction machinery or a highway tractor, we, as the owner, have the right to repair it. Assuming we have the knowledge and the ability to do that, there is always a cost benefit of whether we can repair something more cost-effectively than the dealer that represents the original equipment manufacturer.
If we do not personally have that knowledge, we should be able to travel a reasonable distance to have it repaired by someone who does have that knowledge and expertise, and for a reasonable price. There was a time when farmers were also mechanics. If that tractor or combine was not working for them, they had to find some way to jig it up to repair it. Our seasons for planting are short and they can sometimes be very time-sensitive, and our seasons for harvesting can be short and time-sensitive as well. Farmers need to take the crop off when it is mature, when it is ripe, and when conditions allow them to do that.
I live on a bit of an acreage, so I have a John Deere tractor. I am, for the most part, very happy with my tractor, but my tractor needed a bit of work. I took it to my John Deere dealer this past week and I got him to give it a fall tune up and put it back into proper working order. I picked it up and when I looked at the repair bill, I thought I could have done all the work myself for a lot less money. There is that cost benefit, but I do not have the time to do it.
With our parliamentary responsibilities, even the times we are in our ridings, we are very busy in the constituency doing constituency work. However, farmers, owners of a product like a John Deere tractor, should be able to fix that equipment themselves, if they have the ability, the time and the knowledge. The legislation seeks to address that. Not all repairs should be proprietary to the original equipment manufacturer, but it should be incumbent upon the owner to repair that piece of equipment in the most economical way possible.
Farmers were, by necessity, jacks of all trades and as a result of this necessity, they possessed the wherewithal and the knowledge to fix and maintain their own equipment.
With the major technological advancements and computerization that we have seen in vehicles, farm equipment and appliances over the past two decades, the ability to repair is becoming more and more difficult for farmers. Progress is sometimes a double-edged sword.
When that tractor or combine breaks down in the field today, one needs the proper diagnosis equipment to plug it into the ECM to get a reading to show what is wrong and what needs to be fixed. Often it is beyond the capability or scope of what farmers are able to do, but they should have the ability to call their local repairmen, who do have the tools to plug into the port to get the proper diagnostics, which would allow them to then repair the equipment and do it in a way that would allow those farmers to expeditiously get their crop off the field. Instead of waiting for a technician, who may be four or five hours away and may be tied up with another customer fixing another urgent need, they should be able to have a variety of resources available at their disposal to fix the equipment.
New technology is great, but it also drives up prices. It makes repairs more difficult, all the more so when farmers have only one option. This legislation seeks to create options and diversity of responses and resources for farmers to access repair for their equipment.
We do not think, through the legislation, and I think all parliamentarians agree, that for the diagnostic, repair and maintenance of a machine, it should be a one-source option for repairs, which is often the case in a lot of situations, especially in the farming community. It is not a practical solution. Farmers are often very far from a repair facility, but in their own community there may be a local mechanic who has the ability and wherewithal to fix their equipment, and they should have the option to do that.
As an MP for a rural riding, I must mention the fact that farming is not cheap. In fact, it is very capital-intensive and requires a huge investment. Speaking with farmers this past summer, the cost of a new combine is upwards of $1 million, and it is loaded with technology. It is good, efficient and productive, but it does cost a lot of money, so farmers need to be very cost-sensitive and able to control their costs.
We know what has happened with the price of seed and now with fertilizer. All of those prices have seemingly skyrocketed in the last two years. There are also taxes, including the carbon tax. I am hoping members on the government side of the House will be able to support Bill C-234 from the member for Huron—Bruce, which would provide a full exemption of the carbon tax for all aspects of farming, including the heating and cooling of livestock facilities, the powering of irrigation pumps and the powering of grain dryers to dry the gain. Those things are missing, and the carbon tax has been a punishing tax for agriculture producers.
On April 2 next year, the Liberal government seeks to triple the carbon tax, which will hit farmers where hurts, and farmers cannot absorb that cost. If they are to absorb the cost, there is only one possible outcome, which is that the cost of food will increase. We need to be very cognizant of the fact that farmers have to pass along the cost of production to the end user, and the end user is all of us. We are the consumer and the people who eat the food. Let us keep this in mind, that the carbon tax, according to the Liberal plan, will be tripling this coming April.
Bill C-234 would exempt agriculture fuels from all carbon tax, and I hope that, as the bill finds its way through committee, it will get broad support, as the bill before us, Bill C-244, is getting in the House today.
I have one more story I want to relate.
I heard from a farmer who crossed the border just recently to pick up parts in the United States. It used to be that CBSA officers would simply log the part and he would be on his way. Now he says that they insist that he have all the product numbers entered online ahead of time. When he said that he did not know where to find that information or how to do that, he was told to get a farm broker to do it. Now he is expected to spend $300 on a trip to see a farm broker for a $10 part. He said that it was just crazy. However, Bill C-244 would allow that farmer to fix his own equipment at home at a reasonable cost.
As Conservatives, Bill C-244 is a bill we want to get behind. We want to support the Liberal member who brought the legislation forward, and I am thankful for the opportunity to speak to it.
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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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Madam Speaker, I will be brief since I only have four minutes for my speech.
First, I want to recognize the sponsor of this bill, the member for Richmond Centre, as well as the member for Cambridge who preceded him and the member for Skeena—Bulkley Valley, who provided some quirky and rather amusing examples. I would have a few of my own to share, but unfortunately, four minutes is not enough time to do so.
The bill we will be voting on is very important. I am quite pleasantly surprised by the unanimous support it is receiving in the House. There are some bills that make so much sense that everyone just lines up behind them. I have a feeling this one will pass unanimously. At least, that is the impression I am getting from this morning's debate.
In the little time I have left, I would like to stress the importance of copyright. It allows artists to make a living off their art, allows creators to continue creating. It is therefore essential, and we must be cautious when studying Bill C‑244.
However, abusing a right is never acceptable. Right now, multinational corporations take advantage of their economic power to control people. Cellphone upgrades are just one example. How many of us have bought a new cellphone, not because the old one was not working, but because it was too slow? The same goes for personal computers. We are constantly updating the darn things. Eventually, two, three, four or five years later, the device still works, but it is sluggish because the inner workings get bogged down over time.
That is all planned. Take home appliances. I myself have fixed a lot of things in my life. For example, a thin, tiny little piece of plastic located below my huge, heavy washer broke when the machine was seven years old. I went to buy a metal one at Aux 1001 pièces d'Électroménager, where the staff give the kind of good advice I appreciate. The washer worked for another 10 years.
That is part of the economic system, and we need a hard reset. The goal is not to break companies' backs; the goal is to enable the reasonable use of goods and to protect our environment, which is also essential. How many tonnes of waste end up in our trash cans every year, even just counting e-waste, which is the most harmful? We need to collect that waste properly and in the right places. In Quebec, everyone knows about the Serpuariens, our very own official e-waste depots. There are other designated e-waste drop-off locations everywhere else.
It looks like my time is up. This bill is good for everyone. Let us send it to committee.
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