Advertisement

Canada Enacts Bills Advancing the Right to Repair

Date:

Share post:

By Anthony D Rosborough

On November 7, two bills that make enormous progress toward establishing a meaningful right to repair in Canada have become law after receiving royal assent. Bills C-244 and C-294 are complementary private members’ bills that amend the Copyright Act in relation to technological protection measures (TPMs).

TPMs, also referred to as “digital locks,” are software or hardware that restrict the modification or repair of a device or technology. The Copyright Act gives a very broad and open-ended definition of techniques, components and devices that can be considered TPMs.

Both bills can be traced back to 2021, and have spent the past several years winding through the legislative process in Parliament and the Senate. They are the product of enormous grassroots support and advocacy from NGOs, members of the public and national industry associations.

I am a co-founder of the Canadian Repair Coalition and I lead a research team that investigates the technical and legal barriers to medical device servicing and repair in Canada. As an intellectual property lawyer, I have provided law and policy insights to Canada’s Parliament, the European Commission and the Australian Productivity Commission. I appeared as a witness before the Standing Committee on Industry and Technology to speak in favour of these bills.

A broad definition

Given the wide appeal for the right to repair — a right for owners to fix, update or modify their possessions — the bills have received unanimous and multi-partisan support throughout the numerous readings and debates.

TPMs were included in the Copyright Act in 2012 in an effort to combat online piracy of entertainment media and unauthorized uses of works on digital formats and devices like DVDs and the iPod.

Though we have largely moved on from those technologies, TPMs are present in an ever-growing number of smart devices and machinery: everything from agricultural equipment to home appliances to cars to medical devices. Ostensibly, anything with embedded software and a microchip can incorporate TPMs into its design.

a man works on an electronic board
Technological protection measures are software or hardware that restrict the modification or repair of a device or technology. (Shutterstock)

Often repairing computerized devices requires circumventing TPMs, whether to access diagnostic and repair information on the device itself, or in making changes to the onboard software to authorize a physical repair or parts replacement.

TPMs may function through the use of passwords or “service keys,” or they may require a physical device (such as a dongle) to provide access to software. In imposing software restrictions that limit who (and at what cost) a device can be repaired or maintained, vendors and manufacturers are able to rely on TPMs to establish exclusive distribution channels and prevent downstream competition from third party technicians and service people.

Controversy surrounding this exclusivity in the United States has drawn attention to some notorious examples of TPMs. These include McDonald’s ice cream machines: the machines were constantly breaking down, and could only be fixed by the manufacturer. And the John Deere Manufacturing Company was restricting farmers’ efforts to repair million-dollar farming combines.

The state of California only recently enabled power wheelchair users to access repair services they previously couldn’t because of proprietary security dongles or passwords in certain cases.

a parked power wheelchair in a hallway
California granted an exemption to copyright laws for power wheelchair users. (Shutterstock)

Current exemptions

TPMs operate to prevent access to low-level software and firmware necessary for repair, maintenance, diagnosis and interoperability. This tendency for TPMs to restrict or prevent unrelated and practical activities has concerned Canadian academics and copyright experts since 2010.

The Right to Repair movement has acted as the impetus for policymakers to finally find some solutions. Though the U.S. has a lengthy history of creating exemptions to its TPM rules that allow for repair and related activities, Bills C-244 and C-294 represent Canada’s first decisive action on the copyright front.

And in contrast to the temporary and case-by-case exemptions granted for certain products or devices in the U.S., the two bills will introduce permanent exceptions into Canada’s Act.

There are currently very limited grounds under which it is lawful to bypass or “circumvent” a TPM in Canada. Included in the existing exceptions are circumvention for national security purposes or for encryption research, but non-infringing activities like repair, maintenance, diagnosis or device interoperability are not among them.

Bill C-244 creates a new exception allowing for circumvention of TPMs for the purposes of “repair, maintenance and diagnosis.” And Bill C-294 creates a new exception allowing circumvention to make any computerized device interoperable with any other computerized device or system.

This type of interoperability relates to situations where installing a third-party part in a device is prevented by its onboard software, or where it is necessary to make two distinct computerized devices work together. The latter is particularly important for Canada’s agricultural equipment manufacturing industry.

Future access

Despite their enormous promise and progress, the bills are far from the final nail in the coffin in the push for a comprehensive right to repair. Further reforms are needed in other areas, such as provincial consumer protection law, federal competition law and other areas of intellectual property that can impede repair, like patents and trademarks.

And in the longer term, federal policy enabling the right to repair should take note of developments in Europe. These include enacting a repairability index that scores certain products and devices according to the relative ease of obtaining parts, tools, information and software to repair and maintain them.

New regulations are needed that require manufacturers and vendors to ensure that products and devices are designed with accessibility of repairs in mind. Independent repair and servicing businesses need to be able to carry out their work without the fear of infringing various intellectual property rights, and consumers need more information about the repairability of products at the time of sale.

There is undoubtedly much left to do on the policy front in realizing a meaningful right to repair in Canada. But for now, Bills C-244 and C-294 give reason for hope and optimism that the rest is within our reach.

About the Author:

Anthony D Rosborough is an Assistant Professor of Law & Computer Science at Dalhousie University


More From Retail Insider:

1 COMMENT

  1. The fact that this initiative has emerged through private members’ bills, rather than as a priority from the governing party, speaks volumes. Frankly, a more proactive and responsive approach to public sentiment is constantly being missed.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

More From Retail Insider

RECENT RETAIL INSIDER VIDEOS

Advertisment

Subscribe to the Newsletter

Subscribe

* indicates required

RECENT articles

Oakridge Park in Vancouver Announces Opening Date

Oakridge Park has announced its opening date as the massive Vancouver mixed-use development prepares to debut luxury retail, dining and public spaces.

Canadian Retailers Keep Expanding, So Why Are Jobs Disappearing?

Canadian retailers continue expanding while retail employment declines, raising questions about staffing, service levels, and the future of in-store retail.

What Happens to 128 Warehouse One and Bootlegger Storefronts Across Canada?

The liquidation of Warehouse One and Bootlegger leaves 128 retail spaces vacant across Canada, many in regional malls and smaller markets.

YYOGA Expands Across Canada Through Franchising

YYOGA plans national expansion through franchising as demand grows in Vancouver and beyond, with new studios and community-focused ownership.

Pandora adds carbon footprint disclosure to lab-grown diamond collection

Pandora formally presented the new carbon disclosure approach at the Global Fashion Summit in Copenhagen, a sustainability-focused gathering for the fashion industry.

Lougheed House, Burwood Distillery partner on limited-edition gin in Calgary

A portion of proceeds from each bottle sold will support the Lougheed House Conservation Society.

Survey finds most Canadians changing spending habits amid rising living costs: Harris & Partners

94.2 per cent said economic factors including inflation and interest rates are affecting their financial plans, while 93.6 per cent reported that rising day-to-day costs are putting pressure on their finances.

Cabot partnership to add golf course, hotel and luxury residences at Revelstoke Mountain Resort

The project, called Cabot Revelstoke, will include an 18-hole public golf course, a 155-room mountain lodge and a limited collection of luxury residences.

Daily Synopsis: May 8, 2026

Leon's sees Q1 dip, Grocery store expansion in BC, city-run grocery stores could have benefits, Metropolis at Metrotown Centre marks 40 years, FreshCo expands in Ottawa, and other news.

MANMADE Opens First Store at CF Carrefour Laval

MANMADE opens its first store at CF Carrefour Laval, marking a shift from DTC as the Montréal brand expands into physical retail.

Frette Opens First Canadian Boutique in Toronto’s Yorkville

Italian luxury linen brand Frette opens its first Canadian boutique in Toronto’s Yorkville with a new experiential retail concept.

Canadian unemployment rate increases in April: Statistics Canada

April marked the second consecutive month of little change after a February decline of 84,000 jobs, Statistics Canada said.

Affordability Is Changing How Canadians Eat Protein

Rising food costs and shifting consumer priorities are driving more Canadians toward flexible eating habits and changing protein consumption patterns.

Leon’s Furniture sees dip in sales in Q1

Q1 Revenue was recorded at $557.2 million, a decrease of 3.8%, driven primarily by timing of delivered sales in the furniture category as compared to Q1 last year, a challenging macro environment and unfavourable weather.

Hatch’d launches National Nursing Week fundraiser for Stollery Children’s Hospital No Bounds Campaign

The initiative is called Fuel the Frontline, and Hatch'd is turning every breakfast order into a contribution to something bigger than a meal.

Mic Mac Mall unveils Happy to Chat seating areas

When a guest sits in these marked seating areas, it indicates to others that the person is open to striking up a conversation.

Charcoal Group to open five new restaurants across Ontario

Charcoal Group, with over 65 years in the hospitality industry, has a group of full-service restaurants across in Southern Ontario.

Warehouse One Collapse Signals Structural Shift in Canadian Apparel Retail

The collapse of Warehouse One and Bootlegger reflects mounting pressure on Canada’s middle-market apparel sector and regional malls.

Loblaw Says ChatGPT Grocery Integration Is Ahead of Plan

Loblaw says customer adoption of its ChatGPT grocery integration is ahead of expectations as the retailer expands AI initiatives.

Daily Synopsis: May 7, 2026

Aritzia's record fiscal results, H&M brings Stella McCartney to Canada, Millarville General Store marks 100 years, Food Basics opens in Grand Bend, Kingston Road Heritage building facade destroyed, and other news.