Innovation, Science and Economics Development Canada is conducting a consultation through a questionnaire regarding the right to repair until September 26th, 2024. The NFU has created this guide to the consultation to help you in your answers to the consultation questionnaire. The questionnaire can be found following the link below:
https://ised-isde.survey-sondage.ca/f/s.aspx?s=BAA2B818-537C-467F-8011-B0DD4666AC77
The right to repair goes beyond the ability for consumers to repair electronics, appliances, and machinery. The right to repair is about independence and freedom from major manufacturers in order to have access to timely and inexpensive repairs, as well as operability between products that suit the needs of consumers and farm businesses. It is also about affordability and sustainability – repairability and durability of products ensure that Canadians do not have to re-buy products that were intentionally designed to be replaced with newer products – also known as planned obsolescence.
For farmers, the right to repair is becoming increasingly important as the farm machinery sector continues to consolidate.
For small-scale farmers and direct-to-consumer sellers, household appliances are important for the processing and storage of farm products.
This right to repair consultation focuses on consumer appliances and electronics, but it is also important for farmers to get a consistent and strong right to repair regime. Right to repair must extend to everything from cellphones and household appliances to tractors and seed drills.
Although the current survey generally refers to consumer electronics as the subject of the consultation, there are opportunities to talk about agricultural machinery and equipment that farmers utilize. Importantly, this consultation is being done in collaboration with Environment and Climate Change Canada (ECCC) as well as Agriculture and Agri-Food Canada. In addition to this consultation on the right to repair, AAFC is holding targeted roundtable discussions which will focus on interoperability and farm equipment.
Three key concepts underpin the questions in the consultation questionnaire:
Repairability – Repairability refers to the ability of a product, system, or device to be fixed or restored to its working condition after it has been damaged. The repairability of a product can be measured by a number of factors, including: ease of disassembly to repair or replace parts; cost of repair; length of time to receive a spare part or repair service; the freedom to choose a favorable repair option that is not necessarily tied to the after-sale services offered by the original manufacturer.
Interoperability – Interoperability is defined as the degree to which software systems, devices or applications can connect or communicate with each other or with other entities in a coordinated manner without effort from the end user. Interoperability works on multiple levels. The first level is the interoperability between electronics and parts in the same device, allowing the device to function properly. Interoperability can also permit the interaction between two different pieces of equipment or software, possibly from different manufacturers.
Durability – Durability simply refers to the ability of a product or material to withstand wear, pressure, or damage over time. Durability becomes an issue in the case of planned obsolescence, which is defined as “intentionally designing products to be replaced with newer products.”
The NFU has included some thoughts regarding the questions posed in the survey:
| Q1: I am responding to this survey as …. | The NFU recommends that you reply to the survey as “A Canadian business” if you own and operate a farm business. Otherwise select “A concerned Canadian.” |
| Q2: A Canadian approach to repairability for home appliances and consumer electronics must take into account considerations from manufacturers, repairers, and consumers. Additionally, repairability is a shared responsibility in Canada given provincial and territorial responsibility for consumer protection legislation. What are your views on a preferred approach to right to repair in Canada? | Some points to include in your response:A right to repair in Canada should be expansive and address a number of factors including: ease of access to spare parts; warranties; knowledge of and ability for consumers to access to appropriate repair optionsConsumers and independent repair technicians’ attempts at repairs should not be hampered by appeals to copyright law An overarching Federal right to repair framework in conjunction with the Copyright and Competition Acts is important for ensuring consistent consumer protection and certainty |
| Q3: Home appliances and consumer electronics are comprised of a variety of different products, each with distinct considerations. A repairability policy may be more appropriate for a range of products. In your view, which home appliances and consumer electronics should be in scope in a federal repairability policy? Why? | Some points to include in your response:All home appliances and consumer electronics should be considered within the scope of a federal repairability policyWhile there may be differences between major home appliances and smaller appliances or other electronic devices, a framework that allows for the adequate repair and interoperability of these products is important to ensure consistency amongst productsHome appliances and consumer electronics should be able to be repaired and operate independent of their connectivity or reliance on the “internet of things” Turning off connectivity must be allowed and easily done. |
| Q4: Whether you are primarily a manufacturer, repairer or consumer, what considerations do you have related to the repairability, interoperability and durability of home appliances or consumer electronics? | Some points to include in your response:Please add any concerns that you have regarding the repairability, interoperability, or durability of consumer electronics that you use.Some guiding questions for your response would include: How do you use home appliances or consumer electronics for your business? What issues do you have with the lifespan of your appliances and their repairability? How does that affect your business operations? |
| Q5: What further actions could the Government of Canada undertake to strengthen the repairability, interoperability and durability of home appliances or consumer electronics? | Some points to include in your response:Policies and regulations that would allow for repairability to be done by independent or for third-party manufacturers to produce replacement parts is important for ease of access to repair options. A definition of what durability means in terms of life span. Is durability 25 years or 50 years?Rural areas are unique in that they often do not have large enough markets to facilitate the operation of licensed dealers or manufacturer outlets. The remoteness of rural areas is important when considering the “timely repair” component. Further, those seeking repairs in rural communities should not bear any additional costs for repairs due to their geography |
| Q6: A Canadian approach for home appliances and consumer electronics reparability would take into account considerations from manufacturers, repairers, and consumers. What are your views on a preferred approach to further advancing repairability policy in Canada? Why? | Some points to include in your response:Arguments from manufacturers regarding the protection of intellectual property and proprietary parts should not prevent the existence of a comprehensive right to repair. Providing consumers and independent or certified repairers with the knowledge and parts will not jeopardize the positions of the manufacturer.Repairers will not be able to meet the scale and efficiency of production that current manufacturers.Consumers should be protected and enabled first and foremost. Repairability and interoperability must apply to imported products as well as those manufactured in Canada. |
| Q7: Right to repair is a shared responsibility in Canada given provincial and territorial responsibility for consumer protection legislation. Policy measures focused on durability, repairability and interoperability will need to take into account multiple considerations, including but not limited to: safety, product design cycle, skilled labour, affordability, consumer preferences, and the uniqueness and diversity of home appliances and consumer electronics. What considerations do you have in relation to a federal policy approach for Canada? | Some points to include in your response:An overarching Federal right to repair framework in conjunction with the Copyright and Competition Acts is important for ensuring consistent consumer protection and certainty |
| Q8: Are there any considerations that have been missed or elements that should be explored further when addressing this topic? | Some points to include in your response:In rural areas, the availability of repair options has diminished greatly due to consolidation and closure of machinery shops and repair services, and equipment dealers. While this is a particular concern for farm machinery, this can also be true for home appliances and consumer electronicsThe particular conditions of rural areas must be considered when discussing the feasibility of repairability. Manufacturers attain special designation for their process and parts through copyright law |
| Q9: If you are responding on behalf of a business, which of the following best describes its size? | If you are willing, describe the size of your business in the survey. |
| Q10: If you are responding on behalf of a business, does your business manufacture household appliances or consumer electronics? | This will probably not be applicable. |
| Q11: Does your business manufacture products in Canada? | Please answer in a way that accurately describes your business. |
| Q12: Would your business be interested in participating in targeted roundtable discussions? If yes, please provide your email address below | Please consider including your email to have a chance to participate in the roundtable discussions that will be administered by AAFC. |
| Q13: What is your age group? | Answer as appropriate. |
| Q14: Do you identify as a … | This question regards gender demographics. Answer as appropriate. |
| Q15: Do you identify as any of the following? | This question regards race and ethnicity demographics. Answer as appropriate |
