Madam Speaker, I want to start by thanking the member for Cambridge for presenting this bill. As he alluded to quite nicely in his speech, it has a very far-reaching impact into rural Canada and to our farming communities.
It is important because our Copyright Act, as he also mentioned, is very outdated. It was written long ago, and it needs to be updated. It needs to be more flexible, and it needs to be able to respond more quickly to the needs of industry and, quite frankly, to the new reality we live in with everything being digitized. A lot of the things written in the Copyright Act go back prior to the time when everything was as digitized as it is here.
I am going to touch a little on the right to repair as it pertains to farmers. I grew up on a family farm down in southwest Saskatchewan. I am going to talk about my experience. I remember many times, in the middle of August, my dad would be out on the combine, the John Deere 9500 model that we had, and something would break down.
My dad is a very innovative fellow and is able to repair a lot of things. He is a jack of all trades, as he calls himself. He would spend some time trying to figure out what the issue was, and he would be able to identify the problem. This was prior to all the digital diagnostics that exist nowadays. He would figure out what part he needed, and he would radio back to the house and ask my mom if she could start calling all the different dealers in the area to see if we could find the part. Yes, I am old enough that we still talked on two-way radios and CB radios on the farm. It was one of the joys of childhood.
My mom would get on the phone and start calling all the different places. She would call the first John Deere dealer, which would be about an hour away, and they would not have the part. Then she would phone the next one, about an hour and a half away, and they would not have the part. She would call and call, and finally she would find out where the part was. Then we would have to drive four or five hours to get that part, because nobody but John Deere made that part.
Right to repair for a lot of people is a lot more than just a digital screen or an Xbox or an iPhone or things like that. The right to repair goes back prior to the digital age that we live in now.
Going back to the story, we would hop in a vehicle at about two o'clock in the afternoon, in the middle of August, and we would drive to wherever we were going, whether it be Saskatoon or wherever, to pick up one part, quickly turn around and drive four or five hours back home. We would get home late at night. My dad would get up at five o'clock in the morning to get that part into the machine so that everything could be up and running by 7 a.m. and we could get on with the harvest.
For a lot of people, that is the reality of the situation. First of all, people did not have access to the parts, because they were controlled by the big manufacturers. Now, with everything being digitized, the first tool is a computer or the diagnostics that exist within the machine. It can only be done by the OEM, the mainline company, and they are the only ones who can repair it.
That is the situation we are facing here now. It is a big impediment for people who live out in the rural regions of our country. As was alluded to by the previous speaker, it is a big part of the security of our food production here in this country.
The innovative spirit of farmers, as we all know, is legendary. They are all very good at being able to make a lot of things work with what they have in front of them. This legislation is important. Even if farmers had their own repair shops, if there was an old enough piece of equipment, it could be taken to their shop and they could fix it and get it up and running again.
Those are the kinds of issues at stake here. I appreciate that we are trying to get the Copyright Act to be a little more responsive. This is one of many things that need to be amended in the Copyright Act. There are other areas of the Copyright Act that need to be changed. I am going to talk a little about that. It would help aid manufacturing, too, because there is a similar issue with being able to make products that interoperate with one another. I think it is important that we have this exemption carved out for right to repair. It would help to pave the way for more certainty in manufacturing as we go forward.
As we look at the steam right to repair is gaining, we can look to the United States. There was an article written by VICE Magazine, and the headline said, “The Right to Repair Movement Is Poised to Explode in 2021”. At that time, there were 14 states in the U.S. that were looking at right to repair legislation. The article had to be updated, because about a month later it reported that the number had almost doubled and upwards of 25 states were considering right to repair.
As has been pointed out, it is extremely important to recognize that this is not just a localized issue, or an issue that is unique to our country or to different regions of Canada; it is around the world. It is important that we properly give consideration to this. We are gaining some momentum in Canada with this debate today.
As already mentioned, these TPMs have, at least in some cases, included unnecessary burdens for consumers and users, in particular Canadian farmers. They go past what is fair and reasonable for protecting their interests and they end up putting their customers and users in a bind, the same people who these companies are supposed to be serving.
Quite frankly, as we alluded to, it is people who are left at the whims of the OEMs on whether they can diagnose the machines. The main manufacturers are the only ones that have the diagnostic capability for these machines. That was different with automotive. People can get a code reader for their truck, but we cannot get it for agricultural equipment. That is part of what the bill tries to address.
Another part of it, and the member for Cambridge made a good job pointing out, a lot of consumer and competition protections are within provincial boundaries. With his bill, he is trying to provide a bit of certainty at the federal level that will allow for further enforcement of these anti-competitive and bad measures against consumers, and that is good.
On the benefits of law in the market, competition and innovation are well known. Unfortunately, some of the bigger players are using their rights and ownership over their products. In this case, as was with copyright, it is the software to create unfair disadvantages to their competition. We are in some ways at the risk of moving toward the problems of monopolies and what that means for our farmers and for the end users. This eventually hurts consumers as well as those businesses, so it goes beyond just farmers, whether it be phones, video game consoles, computers and different things.
Along with the terms of TPMs this is also sometimes done through the warranty side of things. I am sure we have all seen this, that our warranties are voided if opened. In Canadian law, technically, that statement cannot made because it is an anti-competitive, anti-consumer principle. However, we do not see the enforcement of these laws coming into effect. That needs to be addressed as well. I do not know if the bill necessarily addresses that issue, but it starts us the right direction to allow for better certainty in our competition and consumer acts.
Some would argue that this might already be excluded in Canadian law, at least as an implicit principle, but the situation is apparently not clear enough for the legality or the adequate enforcement, as I alluded to.
As we go forward, the bill is a step in the right direction. As I said at the start, our Copyright Act needs to be more responsive. It needs to be able to act quickly and we need to be able to make changes as needed to ensure we provide certainty in the marketplace.
Again, I want to acknowledge that the member has done a good job by going in the right direction. There are a few things we can do that maybe would help provide more certainty in the bill. It is a bill we can work with, but going forward it puts us on the right track. I commend the member for putting the bill forward.