Thank you, Mr. Chair.
In Bill C-294 as drafted presently, proposed paragraph 41.12(1)(a) already captures the majority of it, but it doesn't go as far as what the government amendment would do by expanding it to beyond only those who own and license. With regard to proposed paragraph 41.12(1)(b), it is difficult to interpret whether or not it would apply to a broader universe or whether it continues to be restricted by that same requirement of ownership and licensing.
I think, from what I've heard, that the intention is to expand it, but at that point it becomes somewhat expanded without bound. I think it's still bound by subsection 41.12(6), which basically says that you can't do anything that's infringing, but it still has fewer bounds, which I understand is what seems to be sought. This is where we think that this concept of “lawfully obtained” also, by being somewhat undefined, allows for more of that flexibility and more of that certainty that, as long as it is not infringing or illegally acquired, at the end of the day they can work on it. It can be used not only in tractors but in any number of industries, and not only by manufacturers but by others who are seeking to create interoperable devices, including small inventors who might be working in their garages and who would not qualify under the definition of a manufacturer.