SoVote

Decentralized Democracy

House Hansard - 231

44th Parl. 1st Sess.
October 6, 2023 10:00AM
Context: House Hansard - 231 - Oct/6/23
Mr. Taleeb Noormohamed (Parliamentary Secretary to the Minister of Canadian Heritage, Lib.)
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.
1077 words
  • Hear!
  • Rabble!
  • star_border