A Canadian Right to Repair bill sees 330-0 vote, as measure clears key hurdle

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.