44th Parl. 1st Sess.
October 6, 2023 10:00AM
Mr. Speaker, I rise today to speak to a bill that is vital to residents of Abitibi—Témiscamingue and Quebec, and that is Bill C‑244, which was introduced by the hon. member for Richmond Centre.
Bill C‑244 amends the Copyright Act in order to allow a person to circumvent a technological protection measure, or TPM, if the circumvention is solely for the purpose of diagnosing, maintaining or repairing a product.
This bill was examined at almost the same time as Bill C‑294 on interoperability. What is interesting is that the Standing Committee on Industry and Technology was able to look at the issue from different angles and improve the bill's content to allow for the right to repair, to fight waste and to better protect the jobs of repair people, mechanics and technicians in the regions.
Over the past few years, it has become a lot more complicated to repair objects. Our vehicles are turning into motorized computers, and access to programming codes is needed to diagnose problems with them. Unfortunately, more and more manufacturers are refusing to share those codes or are charging independent mechanics exorbitant fees to get them, supposedly for security reasons. This situation is jeopardizing these small businesses and threatening their survival.
How are we to manage when our brand new smart phones get a cracked screen or some other defect? What do we do when our high-end, front-loading washing machine suddenly stops working? What about our three-year-old farm machinery in need of repair?
Let us consider Apple's policy on repairing its products, for example. All Apple products must be repaired at Apple stores, if the parts are available.
By patenting the majority of these parts, Apple holds on to its monopoly, while the electronic locks created by its operating software, protected under the Copyright Act, make counterfeiting liable to prosecution. For a resident of Abitibi—Témiscamingue, the situation is even more troublesome considering that the region has no Apple store. To get the service they are entitled to as consumers, these residents have to ship their product by mail or travel more than 600 kilometres to a large urban centre. Incidentally, the situation is practically the same for passports. That needs to change.
Manufacturers are increasingly choosing the answer for us: toss it out and buy a new one. Tight grips on replacement parts, restrictive design, the use of digital locks and other legal protections have all contributed to the difficulty in repairing and maintaining the increasingly high-tech things that surround us.
Bill C-244 presents a solution to the calls from many individuals who support the right to repair in Quebec. Their message is consistent: The government must make legislative changes that will give us both the right and the ability to repair the objects we own without violating intellectual property laws and other laws.
Although the purpose of the Copyright Act is to protect creators and intellectual property, the way companies have been using it to impede repairs over the last few decades is harmful to society as a whole. It impedes the second-hand market and harms small businesses specializing in repairs.
By supporting this bill, the Bloc Québécois is also supporting Quebec's small businesses that are committed to becoming repair centres, mechanics, computer specialists and artisans who have acquired the skills to repair our everyday products. This industry plays a key role in our energy transition and supports jobs throughout Quebec. Even though repair people are becoming increasingly rare in our communities, this bill lends direct support to their work. It will provide a living for many Quebeckers.
It is not just consumer electronics that are under the microscope. The bill also targets industrial equipment, agricultural equipment, medical devices, electric cars and many other machines that are becoming notoriously difficult for independent technicians to repair and maintain. This increases businesses' operational costs, curtails market competition and discourages follow-on innovation.
The costs of our increasing inability to repair things go beyond pocketbook issues. It is imperative that we consider the environmental impact as well. My colleague from Repentigny will be happy to hear me mention this. The manufacture of new devices generates considerable electronic waste and consumes precious resources. It is therefore crucial to give consumers the right to repair their products. I would like to draw my colleagues' attention to a new law in Quebec that is along the same lines as this one. It reminds manufacturers that they have a role to play in this equation.
Quebec has passed a new law on planned obsolescence. We applaud the leadership of the Quebec National Assembly, which recently passed this legislation to ensure that these products operate properly and to prevent the sale of seriously defective vehicles, what we call lemons.
Let me get back to the shameful waste of raw materials. Extraction of raw materials, use of rare earth metals, lead soldering, shipping and packaging are just a few examples of the ecological toll imposed by the short lifespan of many modern devices and equipment. Electronics waste is now globally among the fastest-growing types of waste, increasing at a rate of 3% to 4% each year. As the global microchip shortage reveals, ostensibly every industry is now the electronics industry. The failure of one electronic part often renders things inoperative, making them all the more likely to end up in a landfill prematurely.
I strongly recommended to my colleagues on the Standing Committee on Industry and Technology that we study the metals, plastics and electronics recycling ecosystems from a circular economy perspective, because the critical minerals in these electronics are important. We must stop them from ending up in landfills. This study will resume once our consideration of Bill C-27 is complete.
We need to address this shameful waste of resources to reduce our tonne of garbage. Quebeckers have had enough. I urge all parliamentarians to support this bill. By voting in favour of this bill, we are demonstrating our commitment to our local businesses, we are contributing to the fight against waste and we are meeting a fundamental need to repair for all our constituents. By supporting this bill, we are sending a strong, united message about our determination to promote a more sustainable and accessible future for all. This is an opportunity for us, as legislators, to make a positive difference in the lives of our constituents and to work in favour of an economy that is more environmentally friendly.
Let us make sure that the right to repair becomes a reality for everyone.
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Mr. Speaker, I am pleased to rise again in this chamber on the right to repair. I thank the member for introducing Bill C-244, an act to amend the Copyright Act, diagnosis, maintenance and repair, also known as the right to repair act. I congratulate the member for Richmond Centre for bringing it forward.
One of the things that is interesting about this is that an evolution is taking place. I originally had legislation in this chamber that passed. It was related to the right to repair, specific to the auto industry, because that was the first time we tackled this.
A common theme within Canada is that we are often treated as a colony when it comes to consumer rights. What I mean by that is the European Union and the United States often enjoy better auto recall, consumer rights, returns and other policies than we do here because we are lax, and our Competition Bureau needs reformation. We see some bills coming forth in this chamber, including from my leader, who also has a bill reforming the Competition Act, Bill C-56, and others that would improve things. Until that time, we still need to work on issues like this.
The right to repair became interesting for me because of the auto town I am in. Even representing auto companies, we still found that we were not getting treated fairly at that time. In Windsor, Ontario, we are across from Detroit, Michigan, and that is only a 2.5-kilometre distance across the border.
In Windsor, I could not get my minivan fixed aftermarket at the time, but I could drive it over the border and get it fixed in the aftermarket in Detroit, Michigan. That is because its environmental protection act and other right to repair legislation protected them much better than our Canadian system protected us.
I went across the country, back and forth a few times, and worked with a number of people. A good example is Scott Smith, who is now with the Chamber of Commerce, and others in the AIA. I worked with them for a legislative change for the automotive aftermarket. We knew that it was deficient in the overall issue, but just touching on that first point was really important because a lot of Canadians did not realize they were getting ripped off and getting treated as secondary citizens. It was unacceptable.
I remember having meetings with the auto companies. One of the executives was testing the waters about this issue, and it was really important. It was in the chamber of the other House before it closed down for renovations. I remember the CEO, after I told him what was going on, asked if it was happening in the United States. They said no, and he told his team to fix it. From that time, we got better players in the automotive aftermarket from some of the large automotive dealers.
Tony Clement was the minister at that time. The bill was going to go to the Senate. We had enough votes. It was a real fight, as is usual in this place, but that is okay. Then there was a decision made by all those involved that they would rather try a voluntary system, which we now have today and was put in place to provide the information for the aftermarket.
Why is that important? The aftermarket provides hundreds of thousands of jobs and is worth billions of dollars. It is also an issue of public safety because vehicles were being driven on the road for longer than they should not have been. Vehicles were emitting things, so it was an environmental issue because they were not tuned the way that they should have been. It was a competition issue because we had people who could not get the service they needed from the garages they wanted to use.
It was also a fairness issue because there were people working in those establishments who were trained. In those places, often some of the more marginalized workers in the industry were going to lose their jobs, not because they were not qualified or did not do all the things that were necessary, but because the industry and greed spoke louder than the people did at that time.
To credit most of those in the industry, they got their act together and created the voluntary agreement. There have been ups and downs all along the way. Even Tesla finally came onto that agreement, I am told. However, until that time, it was voluntary, so we had ebbs and flows all the time about what was taking place. That is why we are seeing legislation come back.
It is not just New Democrats this time. We see Liberals and Conservatives with aftermarket legislation, and that is because it has become habitual. I know the Bloc has also talked about this quite extensively. My colleague who spoke before me has been very effective at committee on this.
We have all grappled with this. We have seen the really stupid stuff with regard to how many plug-in cords we have to have with access to different devices for no technological reason whatsoever, and it is junk that is piling up in our landfills. Aside from the environmental part, there is a cost, and it has nothing to do with innovation whatsoever. It is about dependancy, and those are some of the things taking place.
The aftermarket to fix the different problems we are talking about here is not about taking shortcuts. There is information that needs to be provided to those people, and it would be done with terms and conditions that would be legislated and followed through on.
When my bill went through, we were not asking for shortcuts or interventions; we were asking for the proper training to be made available. What was happening was unbelievable. When there was an update on software, which could literally be a simple and minor thing, it would cripple a vehicle, and it could not be fixed in the aftermarket. Sometimes, after the physical repairs, the vehicle was being towed to another garage just to get a download of a program. It makes no sense.
It does not make sense for the environment, public safety or competition, and it hurts some of the men and women who work in those shops. Again, they are not asking for this information for free. They want a system in place so they can buy the equipment, get the necessary downloads, pay for them and service their customers in a reasonable way.
There are many different ways the voluntary agreement has basically fallen on the edge of a precipice of being ineffective. There can be intentional issues, where some companies do not want to provide information in a reasonable time, or they play games if they want. It might not even be that. It could just be that it is not their priority, because they want to do something else.
This is dangerous. If we look at the auto sector, particularly in rural and other areas, we could not service all our vehicles with dealerships. We would cripple our economy. If we lose the aftermarket for the auto sector, then we are going to lose our capabilities to be effectively moving in transportation, which is changing with the electrification of vehicles.
The problem with my bill is that it did not involve heavy equipment, farm equipment or other things like that. We knew it was a problem in the bill, but we had to at least touch on this and bring an awareness that had not been there. It is why I went across the country on this, because people were just accepting it.
We always hear fake arguments that it is about safety, that people are going to wreck their stuff and other people's stuff. We hear all these different things. Imagine if we had the same attitude when we let the screwdriver go to the public sector and people were able to use a screwdriver at home. What if we could never use a wrench or a hammer at home because it was too dangerous? It is outrageous.
We have been fixing vehicles, electronic equipment and a number of different things, as we have moved from manual to electric and to all the different technologies with computers and so forth. It has been the normal process for consumers with the devices they own, but what is happening and changing is the building in of obstacles.
There is an obstacle when a device is created where one needs a special tool for it. An obstacle is when one puts a type of system in place where one cannot fix a device because there is a technological impediment, such as to performing a simple update on the software.
Bill C-244 is married, in many respects, to my bill, Bill C-231, an act to amend the Competition Act for vehicle repair. There are some problems with the bill, such as that it does not go far enough in terms of the tribunal, as well as a few other elements. However, it sets us in the right direction. I would like to see it amended. I hope the Senate takes a look at more of the possibilities.
We are just simply not keeping up with the rest of the world when it comes to aftermarket connections. There is mounting pressure. We have just seen with Apple that it is finally to make a more standardized version of its cord, which it did not even have in its own products. This is outrageous. Now it is going to move to that. Why is it doing so? It is because the European Union is moving toward forcing these things.
These are the reasons I will be supporting this bill. New Democrats have been supporting the right to repair. As much as it is a consumer issue and an environmental issue, it is also a social justice issue, because many people have spent their time and money to be educated to have careers in the aftermarket in order to provide resources for their families. That opportunity is being denied, not by choice or by their deficiency of skills, but by the greed of large corporations that want to protect it for pure profit at the expense of everyone else. That balance has to be restored, and that is why this is a good bill.
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Mr. Speaker, I am very pleased to rise to speak to the important bill.
I want to begin by thanking my friend and colleague, the member for Richmond Centre, for the tremendous effort he has put into making the bill come to this place today. He has travelled across the country; he has talked to stakeholders from coast to coast to coast; and he has put in the work that is required, in partnership with many others in this place, so that we can be here today doing something that is in the interest of affordability and in the interest of protecting the rights of Canadians.
It was wonderful to hear the member opposite talk about how this is a social justice issue, because it is. It is important for us to pass legislation that makes life more affordable and allows Canadians to have access to, and to use, the very things they buy. The bill seeks to remove an important barrier to repair, as we have heard, in the copyright framework. It is a necessary response to the digitization of our everyday lives and our everyday products, which rely more and more on functionalities enabled by copyright-protected software.
We all know that software is important. There are benefits that it gives the products we buy. Software allows smart phones and computers to connect people across the globe. It is what transforms coffee machines into great baristas, much to the chagrin of many.
However, the digitization of our products comes with downsides. Manufacturers are using TPMs, technical protection measures, to protect the software that is incorporated within products. They reduce the ability we would ordinarily have to repair these items. They reduce our ability to modify them. Only when they malfunction must we go to the manufacturers and seek their help to repair them and to make sure the products can work.
The Copyright Act currently prohibits the circumvention of these TPMs that protect copyright-protected content. It is being used as a barrier to Canadians who want to repair the products they own. Protections for TPMs were originally promoted as tools to encourage the creative industries to offer their works, whether they were songs, books or movies, in digital form, but they were never intended to prevent the repair of physical products that include embedded software.
The bill proposes to remove that barrier by ensuring there is an exception permitting the circumvention of TPMs for the purpose of repair and maintenance so that the copyright framework does not prevent Canadians from repairing the products they have paid for.
Over past years, much effort has been made to remove this barrier in the copyright framework. Bill C-244 was introduced in February 2022 by my colleague from Richmond Centre. It received unanimous support at second reading, and at this time the committee has completed its study. I want to acknowledge the members of that committee, who have done tremendous work and all those who have appeared as witnesses to help improve the important bill.
The study of the bill was exhaustive and thorough. The committee heard from 29 witnesses, including representatives from different industries, public interest groups and government officials. Ultimately, the committee reported the bill with amendments that I believe will help make it better achieve its objective while aligning it with Canada's international obligations.
The amendments would do three things. First, they would make the repair exception permitting the circumvention of TPMs more effective by making it clear that they would apply to third parties making repairs on behalf of product owners. The technical capacity required to circumvent the TPM and repair products is likely beyond the knowledge of average consumers, at least speaking for myself.
Second, in order to prevent any abuse and protect creative industries, the amendments would add a new safeguard that provides that the repair exception applies only if there is no infringement of copyright.
Third, the amendments would remove the exception in Bill C-244 allowing the trade of tools to circumvent a TPM for the purposes of repair in order to mitigate risks of non-compliance with Canada's international obligations. CUSMA, which includes Canada's strictest TPM obligations, only allows the trade of circumvention tools in very limited situations, and repair is not one of them.
Now that I have touched a bit on what these amendments are doing, I also want to highlight what they are not doing. Some witnesses raised concerns over health and safety, cybersecurity and environmental risks that may result in the circumvention of TPMs and the repair of products. They asked for the exclusion of certain categories of products from the application of Bill C-244. The committee, in its work, did not report any amendments excluding certain product categories from the application of Bill C-244 or providing the means to do so, and I believe the committee took the right approach.
I agree with the witnesses that these concerns are real and justified, but the Copyright Act is not designed to deal with these risks. The Copyright Act is a law of general application, the purpose of which is to grant exclusive rights over creative works. It is preferable that these concerns be addressed in those regimes that already regulate those products. Bill C-244 would not prevent these regimes regulating repairs and addressing issues that may arise in the repair of certain products. It is, however, worth noting that Bill C-244 would remove one critical barrier to repair, but it is only one element of how Canadians can enjoy a positive right to repair. Other elements of a comprehensive right to repair could include a number of dimensions, including ensuring access to repair parts and manuals.
This important measure supports the Government of Canada's commitment to providing Canadians with the right to repair. Our efforts to move forward with this bill would ensure that Canadians will face fewer obstacles when repairing the products they own.
I was pleased to second this bill. It is an important piece of legislation for us to all get behind. Let us think about the many costs that Canadians incur during the course of their lives every single day. We talk about affordability in this place all the time, and this is a tangible way to increase the longevity of products. It would make it easier for Canadians to use the products they have paid for with their hard-earned money.
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- Oct/6/23 2:22:55 p.m.
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I recognize the hon. member for Richmond Centre for his right of reply.
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Mr. Speaker, it is with great honour that I rise in the House to conclude this thoughtful debate on my private member's bill.
I want to emphasize again the impact this bill would bring to Canadians, from leading the movement for a right to repair framework in Canada to reducing waste in our landfills to giving the right to repair back to consumers in Canada. By amending the Copyright Act for the sole purpose of diagnosis, maintenance and repair, not having to worry about potential legal consequences will become a reality for all Canadians.
I am proud to be a member of this chamber, and I was pleased to see all of my hon. colleagues from all parties support my private member's bill to get to this stage. With this joint effort, Canada can join its allies in the right to repair movement and promote the consumerism we are all proud of. After all, this bill would amend the Copyright Act for the creation of a right to repair framework in Canada, and all levels of government, indigenous people, industry, private sectors and consumers across Canada can join the effort in developing this framework.
As a legislator, I have listened to and heard Canadians calling for a right to repair framework in Canada. Bill C-244 would empower us as lawmakers on federal, provincial and territorial levels to make this policy reform for consumers across Canada.
As a consumer, we all like to have a choice to repair the products we purchase and own. This is a fundamental right, and Bill C-244 would ensure that consumers in Canada have this right.
As a Canadian, I lament the waste in our landfills across Canada, and the numbers continue to increase. This waste, especially electronic waste, is harmful to our environment.
We all have a shared responsibility to protect our environment and combat climate change together. Bill C-244 would help reduce planned obsolescence, waste and our carbon footprint to protect our environment. We as Canadians need to do our part to contribute toward Canada's sustainable future, to combat climate change from coast to coast to coast and to protect the interests of our future generations.
Canada is a great democratic nation. It is a nation that is at the forefront of building a future of sustainable consumerism. To end this debate, I would like to invite all my hon. colleagues to continue working together on delivering a real result in the right to repair for Canadians and to continue to make Canada the envy of the world.
I thank members and witnesses from the standing committees and stakeholders for the work and input they have shared along this journey of my private member's bill.
I want to thank the people of Richmond Centre for all of their continued trust and support for the past two years. Without them, I would not have had this opportunity to work on my private member's bill, which would bring such an impact to them and to consumers across Canada.
I would also like to thank our House administration and clerks of the House for all the work and support to every parliamentarian. I am grateful to have the privilege of presenting my private member's bill early on the list.
Last but never least, I would like to take this opportunity to thank my family for walking alongside me every moment of this journey, for their continued sacrifice and for being so understanding when I cannot be there with them on various occasions. I also would like to congratulate my youngest sister, who recently married my now brother-in-law Carlos, on their recent marriage.
I would like to wish everyone here a happy Thanksgiving, and it is with great gratitude that I present this bill to the chamber.
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- Oct/6/23 2:27:13 p.m.
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This is why I like Private Members' Business. When everybody agrees, it is a nice debate.
Is the House ready for the question?
Some hon. members: Question.
The Deputy Speaker: The question is on the motion.
If a member participating in person wishes that the motion be carried or carried on division, or if a member of a recognized party participating in person wishes to request a recorded division, I would invite them to now rise and indicate it to the Chair.
The hon. deputy House leader.
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- Oct/6/23 2:27:50 p.m.
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Mr. Speaker, we request a recorded division.
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- Oct/6/23 2:27:55 p.m.
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Pursuant to Standing Order 93, the division stands deferred until Wednesday, October 18, at the expiry of the time provided for Oral Questions.
I want to wish each and every one of you a happy Thanksgiving. Have a good week with your constituents, and we will see you here on October 16.
It being 2:28 p.m., the House stands adjourned until Monday, October 16, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).
(The House adjourned at 2:28 p.m.)
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