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Gay Byrne
June 3, 2021


A CANADIAN RIGHT TO REPAIR BILL SEES 330-0 VOTE, AS MEASURE CLEARS KEY HURDLE

Gay Byrne
June 3, 2021

Everywhere you go, people just want to fix their stuff. 

On June 2, Canada’s Parliament voted unanimously upon second reading (330 – 0)
in favour of Bill C-272. The Private Member’s Bill, put forward by Liberal MP
Bryan May (Cambridge), targets technological protection measures (“TPMs”) under
Canada’s Copyright Act. 

TPMs or digital locks can be physical connectors, encryption, or firmware
restrictions on the use of replacement or aftermarket parts. These locks can
even restrict access to basic information needed for diagnosis of faulty
equipment or devices and can present a meaningful barrier to repair. 

TPMs have been a central Right to Repair issue for many years now in Canada and
elsewhere. In the U.S., Repair.org members iFixit and EFF (along with many other
advocates) have pressed for and won exemptions to U.S. Copyright law to allow
bypassing digital locks in certain devices for repair purposes. But Canada’s
copyright framework does not allow case-by-case exemptions in this way. MP Bryan
May’s bill seeks to finally tip the copyright scales in favour of repair by
carving out a blanket repair exception right in the Copyright Act itself.

TPMs can be a significant inhibitor to independent repair because circumventing
them can result in large damage awards if brought before a court. The Canadian
Federal Court’s 2017 decision in Nintendo v King revealed that unlawful
circumvention of TPMs under Canadian law would be treated seriously and
manufacturers will receive the protection of heavy-handed, multi-million dollar
damages awards. 

Bill C-272 was introduced for first reading in February of this year and has
since moved along through the usual parliamentary process. Throughout the
debates and discussions among parliamentarians since, it has received
overwhelming support across party lines and bridged the rural-urban divide.
Despite his government’s current minority status and the usual eagerness of
parliamentarians to politicise reform efforts in these circumstances, May’s bill
has been noticeably uncontroversial and above normal partisanship. 

For repair advocates in Canada, it will be a race to get the bill to the finish
line before new elections are called. The C-272 will now be referred to the
Industry Committee for further consideration and amendment. 

Speaking before Parliament on 2 June 2021, MP Bryan May explained why a
clarification of the scope and purpose of TPMs is needed in this case: “I hope
that this legislation kicks off a deeper conversation about the Right to
Repair…the Copyright Act is being used and interpreted in areas far beyond its
scope.”

Indeed, that deeper conversation might be the real test of this bill’s mettle.
With a history of lobbying efforts quashing pro-repair reforms in Canada
already, there is enough precedent to reason that large manufacturers will not
pass up the opportunity to shape this conversation more in their direction. 

Right to Repair is a growing movement in Canada -- as Bill C-272 shows. Though
more reforms would be needed truly give Canadians a Right to Repair, this bill
may be the catalyst that sets this bigger series of reforms into motion. For a
start, 330-0 certainly sends a strong message. 

By Anthony Rosborough. Anthony is an intellectual property lawyer, researcher at
the European University Institute and a member of Repair.org. Much of his work
focuses on the right to repair in Canada and beyond. 




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