Thank you, Mr. Chair.
First of all, I want to thank all members of the committee for inviting the Canadian Automobile Dealers Association to express its perspective on Bill C-244.
CADA is a federation of provincial and regional dealer associations that represents 3,400 members across the country. Our dealers employ more than 160,000 Canadians and have always been a major component of the social fabric in rural and urban Canadian communities. Not only do dealers help consumers in accessing a vehicle that fits their needs, but they are also heavily involved in procuring repair services and technical expertise to the clients in the years that follow the purchase.
As committee members will know, since 2009 the repair and servicing market has been intrinsically linked to the Canadian Automotive Service Information Standards agreement, known as CASIS. This voluntary agreement helped build an environment where service and repair information could be exchanged between OEMs and the automotive aftermarket industry. Indeed, the CASIS framework increased the competitiveness in the repair services market, and did so while preserving the fragile balance among safety, compliancy and access to repair services.
In fact, that partnership has allowed the aftermarket to grow since its creation. Data from DesRosiers Automotive Consultants show consistently that the aftermarket has achieved phenomenal growth and is positioned for even greater success in 2022. Also in 2022, the numbers placed the aftermarket well above prepandemic levels—more than 20% higher than 2019 numbers.
However, CADA believes that Bill C-244 threatens that balance, which was built through exhaustive co-operation over the last decade, and offers no real alternative to what CASIS has accomplished in terms of maintaining the regulatory compliancy required to ensure the utmost safety for the consumer.
The CASIS agreement is a well-functioning institution where progress in repair access has been supported by the signatories through expertise, transparency and, most importantly, prudence.
It is also important to highlight the significant safety and environmental considerations that have to be taken into account when repair information and tools are being shared among automotive OEMs and representatives of the aftermarket—considerations that are not applicable to the majority of the products that would be covered under this amendment to the Copyright Act. We firmly believe that the risks in areas such as safety, cybersecurity, vehicle theft, personal data protection and intellectual property rights far outweigh the marginal benefits of increasing the aftermarket service offer.
The importance of a different framework for the auto industry also seems to be supported in the December 2021 mandate letter from the Minister of Innovation, Science and Industry. It specifically mentions that the government should explore the idea of a right to repair for appliances and electronics, with no mention of vehicles.
The problem of vehicle theft in Canada is a concrete example of how Bill C‑244 could lead to significant problems that parallel the general discussion around the right to repair. Full access to this information would ultimately be shared by everyone, be they car dealerships, aftermarket businesses, or even individuals with criminal or negative intent.
We use this example not to spread a climate of fear or anxiety, but to call committee members' attention to the tension between access to repair information, which is one thing in and of itself, and the many related areas where risks are real and currently observable.
To be clear, on the side of the auto industry, the proposed amendment to the Copyright Act is a solution looking for problems. The CASIS agreement has proven itself. Once again, the Pandora's box that this bill may open could very well generate, as much for consumers as for political players, difficulties on a scale that would overshadow the initial motivations behind the amendment.
We recommend that this committee pay closer attention to the underlying risks of this bill. For example, we strongly encourage the committee to increase participation of cyber security experts, as well as those who specialize in the vehicle theft crisis, general vehicle safety, and the challenges of protecting intellectual property.
Additionally, for the reasons I just outlined, we recommend that the committee include a specific exemption for the automotive industry, rather than support further development of the CASIS agreement and attempt to increase its scope.
I want to thank everyone.
I'm ready to answer your questions in French or English. Thank you very much for your attention.