Madam Speaker, I am thankful for the opportunity to virtually rise in the House today to speak on this important bill. However, before I begin, I would like to acknowledge the tragic news we heard last week of the discovery of 215 children's bodies at the Kamloops Indian Residential School. I am saddened by this discovery and my prayers are with the Tk'emlúps te Secwepemc First Nation, as well as all indigenous communities across Canada.
I will now speak to the bill at hand. The increased pace of digitization of our economy and the use of software in more of our everyday consumer products has transformed the ownership and control consumers have over many purchases. Consumer products from kitchen appliances to cars, which were once only mechanical and electrical, are now embedded with software. These technological transformations can make products more useful and responsive for consumers. However, the software that controls the components of the products is protected by copyright. This reduces some abilities consumers have traditionally exercised, including the ability to repair their own purchases when they malfunction.
The Copyright Act provides protection for software to encourage innovation and investment. It further grants copyright holders the ability to use technological protection measures, also called TPMs or digital locks, to protect their software from access, unauthorized copying and infringement. TPMs were originally promoted as a tool to encourage creative industries to offer their work in digital form. TPMs are now being used broadly across the economy to protect software incorporated within products in industries such as manufacturing. While I believe in the importance of legal protection for TPMs, I also believe that the Copyright Act should provide exceptions to these protections when they harm the legitimate interest of consumers to maintain and repair the products they own.
Under current copyright law, it would be a violation for someone to circumvent a product's TPM for the purpose of repairing it. The Copyright Act already includes exceptions that permit TPM circumvention for a number of purposes, including ensuring interoperability of computer programs, conducting encryption research or unlocking a cellphone to change telecommunications services, to name a few examples. I believe adding a new exception to the Copyright Act permitting the circumvention of TPMs for the purpose of repair only makes sense.
The recent parliamentary review of the Copyright Act drew attention to this situation. Recommendation 19 of the Standing Committee on Industry, Science and Technology’s 2019 report, entitled “Statutory Review of the Copyright Act”, calls for measures to permit Canadians to circumvent TPMs allowed under copyright law for the purpose of repairing, maintaining and adapting their software-embedded devices. Facilitating repair is a multi-faceted public policy challenge that might require additional legislative action. However, I support referring Bill C-272 to committee because it proposes to address the one issue that is clearly in federal jurisdiction: the Copyright Act.
Bill C-272 would not solve all the issues faced by consumers regarding repair, but it is an important step in the right direction. I will vote in favour of referring Bill C-272 to committee because I believe that removing the copyright-related restriction to repair will make any further measures introduced by provinces and territories to support repair more effective.
If Bill C-272 is referred to committee for further study, we as parliamentarians must work to ensure that all information and evidence comes to light on the issue of copyright and repair. This evidence would ensure that the TPM exception for the purpose of repair that Parliament ultimately decides on will be the best possible option. It will be an exception that balances all the varied considerations and interests that come into play on this issue.
We must ensure the exception serves the interests of Canadians who want more choice and ease to make repairs, but we must also ensure the exception has the appropriate safeguards to preserve the safety and security of electronic products.
Removing the copyright-related restriction to repair may enhance competition for independent repair shops. To support the post-pandemic economic recovery, we need any boost to entrepreneurship we can get.
Making it easier for consumers to repair their products, as proposed by Bill C-272, could also contribute to reducing electronic waste. A United Nations report found Canada was responsible for 725,000 tonnes of electronic waste in 2014.
A study commissioned by Open Media found that 75% of Canadians have discarded or replaced a broken device because of a repairable issue. That study also found that one-third of respondents claimed that the repair of the product was prohibitively expensive, forcing them to buy a new one.
All electronic waste is not because of the copyright law; however, a TPM exception such as the one proposed in Bill C-272 would facilitate the repair of products as opposed to their replacement. This could only help toward an overall reduction in electronic waste produced in Canada.
Finally, it is my hope that a TPM exception for the purpose of repair, such as the one proposed in Bill C-272, would help historically marginalized groups to gain better access to repair services and have more repair services become available in rural and remote communities.
In closing, I am in favour of this important change to the Copyright Act in support of repair. I look forward to further discussion on this to make sure we do not introduce unintended consequences at the same time.