Mr. Speaker, in response to parts (a) and (b) of the question, the government introduced the legislative changes referred to in page 37 of the Fall Economic Statement through Bill C-59, the fall economic statement implementation act, 2023. The relevant amendments to the Competition Act can be found in clause 244. They broaden the existing “refusal to deal” provision in section 75 of the act to include refusal to provide means of diagnosis or repair, defined as “diagnostic and repair information, technical updates, diagnostic software or tools and any related documentation and service parts.” The provision is industry-neutral, and can apply in any sector where the criteria set out in section 75 are met.
In response to (c), given the limits of antitrust legislation and federal jurisdiction, the changes to the Competition Act remain rooted in the question of harm to marketplace competition, and represent only one aspect of ongoing government efforts to address the question of repair.
With regard to (d), the proposed reforms were informed by the results of the consultation on the future of competition policy in Canada. This public consultation ran from November 2022 to March 2023 and garnered more than 130 submissions from identified stakeholders. Issues surrounding repairs were primarily raised by members of the automotive and farm equipment sectors, as well as environmental groups. The consultation responses, as well as a “What We Heard” report, are publicly available on the Innovation, Science and Economic Development Canada website at: https://ised-isde.canada.ca/site/strategic-policy-sector/en/marketplace-framework-policy/competition-policy/consultation-future-competition-policy-canada.
As for part (e), the introduction of Bill C-59, together with complementary reforms to the Competition Act enacted through Bills C-19, the Budget Implementation Act, 2022, No. 1, and C-56, the Affordable Housing and Groceries Act, represent the most comprehensive update to the act since the law’s inception. At this point the government has not announced an intention to modify the act beyond these initiatives.