An Act to amend the Copyright Act (diagnosis, maintenance and repair)

Sponsor

Wilson Miao  Liberal

Introduced as a private member’s bill.

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill.

This enactment amends the Copyright Act in order to allow the circumvention of a technological protection measure if the circumvention is solely for the purpose of the diagnosis, maintenance or repair of certain types of products.

Similar bills

C-272 (43rd Parliament, 2nd session) An Act to Amend the Copyright Act (diagnosis, maintenance or repair)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-244s:

C-244 (2020) An Act to amend the Canadian Navigable Waters Act (North Thames River, Middle Thames River and Thames River)
C-244 (2020) An Act to amend the Canadian Navigable Waters Act (North Thames River, Middle Thames River and Thames River)
C-244 (2016) Leif Erikson Day Act
C-244 (2013) Assistance to Students Visiting Military Memorial Sites Abroad Act

Votes

Oct. 18, 2023 Passed 3rd reading and adoption of Bill C-244, An Act to amend the Copyright Act (diagnosis, maintenance and repair)
May 31, 2023 Passed Concurrence at report stage of Bill C-244, An Act to amend the Copyright Act (diagnosis, maintenance and repair)
Oct. 5, 2022 Passed 2nd reading of Bill C-244, An Act to amend the Copyright Act (diagnosis, maintenance and repair)

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-244 aims to amend the Copyright Act to allow individuals and businesses to circumvent technological protection measures (digital locks) on devices for the sole purpose of diagnosis, maintenance, and repair. This would enable consumers to repair their own products or seek third-party repairs without violating copyright laws. Supporters argue it will reduce electronic waste, promote a circular economy, and provide consumers with more affordable repair options, while addressing concerns of planned obsolescence.

Liberal

  • Supports right to repair: The Liberal party supports Bill C-244, which amends the Copyright Act to allow Canadians the right to diagnose, maintain, and repair their purchased products. This initiative aims to address environmental issues, enhance consumer protection, and foster technological innovation by enabling local repairs and extending product lifespans.
  • Addresses planned obsolescence: The bill seeks to combat planned obsolescence, where products are designed to have a shortened lifespan, leading to increased waste and costs for consumers. By allowing repairs, the bill aims to reduce the number of products ending up in landfills and conserve natural resources.
  • Ensuring fair access: Bill C-244 aims to ensure fair access to user manuals, software updates, and parts, enabling repairs by third parties. This access is seen as crucial, especially considering the increased reliance on digital devices highlighted during the pandemic.
  • Promotes innovation: Supporting the right to repair is viewed as fostering innovation, akin to the early days of tech companies where individuals modified and improved products. The bill aims to protect intellectual property while enabling improvements to owned products.

Conservative

  • Supports bill C-244: The Conservative Party will support Bill C-244 at second reading to allow for clause-by-clause study at a parliamentary committee to hear all viewpoints and correct any flaws.
  • Right to repair focus: The bill centers on copyright, specifically the right to repair electronics and appliances, enabling people to fix items themselves and preventing them from ending up in landfills.
  • Provincial jurisdiction and warranties: Care must be taken to avoid interfering in provincial jurisdiction and to carefully consider the impact on warranties when consumers repair items themselves. There should be no adverse effects on people who tinker with the insides of a product.
  • Small business impact: Industry groups warn that the bill is too vague and could directly impact small businesses already working in the repair sector, so the bill must be carefully drafted.
  • Supports national firefighting cancer standards: Cancer-related deaths are a growing concern among firefighters, and Bill C-224 proposes national standards for firefighting cancers, including measures to explain the link between the disease and the profession.
  • Encourages bill to go to committee: Copyright law needs to keep pace with technology, change, and consumer needs, prompting support for the private member's bill to go to committee for further examination.
  • Right to repair for consumers and environment: Enshrining the right of repair is essential for consumers, small businesses, and the environment, as it allows for lower prices, reuse of materials, and reduction of electronic waste, aligning with trends in the United States and the need to reduce waste ending up in the developing world.

NDP

  • Supports Bill C-244: The NDP supports Bill C-244, seeing it as a step forward for consumers, the environment, and competitiveness. They believe it should proceed to committee for further consideration and refinement.
  • Promotes repair over replacement: The NDP emphasizes the importance of repairing items instead of discarding them, which reduces waste and promotes responsible resource management. The bill aligns with a cultural shift toward valuing durability and repairability.
  • Addresses electronic waste: The NDP notes the significant amount of electronic waste and seeks to enable third-party repairs, reducing reliance on manufacturers and extending the lifespan of devices. This also lowers emissions from manufacturing new products.
  • Challenges repair restrictions: The NDP believes that some companies use copyright laws and technological protection measures (TPMs) unfairly to restrict repairs. They aim to address these restrictions and support the repair economy, which includes many small businesses.

Bloc

  • Supports right to repair: The Bloc Québécois supports Bill C-244, which aims to recognize the right to repair consumer products by amending the Copyright Act to allow the circumvention of digital locks for diagnostic, maintenance, or repair purposes. They highlight that a similar bill received unanimous consent in the previous Parliament and express commitment to supporting this version as well. The bill seeks to rectify a situation where manufacturers use digital technology to prevent repairs without their approval, forcing consumers to rely on the manufacturer's often costly services.
  • Combating planned obsolescence: The Bloc views the bill as a step toward countering planned obsolescence, where manufacturers deliberately shorten the lifespan of products, and promoting a circular economy. They note that current practices lead to increased waste and environmental impact, and they support efforts to ensure products are repairable and sustainable.
  • Complementary with Quebec legislation: The Bloc emphasizes that Bill C-244 complements Quebec's efforts to protect consumers and promote repairability, preventing manufacturers from using the federal Copyright Act to undermine provincial consumer protection initiatives. They believe the federal and provincial governments should work together to promote repairability and sustainability.
  • Benefits for consumers: The Bloc asserts that the bill will empower consumers by providing choices beyond authorized retailers, promoting healthy competition among repair services, and supporting the development of SMEs, particularly in regions where specialized repair services are limited. This change will also help those in rural regions, where authorized retailers are uncommon and repair services hard to come by.
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The House resumed from October 3 consideration of the motion that Bill C-244, An Act to amend the Copyright Act (diagnosis, maintenance and repair), be read the second time and referred to a committee.

Copyright ActPrivate Members' Business

October 5th, 2022 / 4 p.m.

The Deputy Speaker Chris d'Entremont

Pursuant to order made on Thursday, June 23, the House will now proceed to the taking of the deferred record division on the motion at second reading stage of Bill C-244 under Private Members' Business.

(The House divided on the motion, which was agreed to on the following division:)

Vote #187

Copyright ActPrivate Members' Business

October 5th, 2022 / 4:10 p.m.

The Deputy Speaker Chris d'Entremont

I declare the motion carried.

Accordingly, the bill stands referred to the Standing Committee on Industry and Technology.

(Bill read the second time and referred to a committee)