Ottawa-Two bills to change copyright laws to enable farmers and other businesses and consumers to fix their own equipment have received final approval in the Senate one after the other on the same day after a Parliamentary journey that began more than two years ago.

Bill C-244 was introduced in the Commons by B.C. Liberal MP Wilson Miao in February 2022 while Conservative MP Jeremy Patzer’s bill C-294 was tabled five months later. Miao’s bill will enable owners to bypass digital locks on products, including vehicles, and to make repairs without violating copyright laws while Patzer’s bill focuses on allowing different technologies to work together without breaking copyright laws.

The Canadian Federation of Agriculture (CFA) said it was pleased to see both bills become law as limitations on the right to repair and interoperability create critical constraints on Canadian agriculture’s ability to drive sustainable productivity growth. In a recent discussion paper, CFA highlighted the interoperability of farm equipment as a key pillar in a Pan-Canadian Data Strategy. The passing of these bills represents a critical step towards unlocking Canadian agriculture’s full potential, fostering innovation and sustainability in the sector.

Grain Growers of Canada (GGC) said passage of the bills was an important step forward and significant victory for Canadian farmers. After years of advocacy, these bills provide farmers with the ability to repair their own equipment ensuring the continued functionality of the advanced technology essential to modern agriculture.

Miao’s bill gives farmers access to crucial diagnostic software needed to repair sophisticated machinery2 from tractors to combines and sprayers while Patzer’s bill facilitates the interoperability of parts and equipment enhancing farm productivity and efficiency, GGC said. “Together, these bills enshrine the right to repair, helping farmers manage their operations sustainably and independently.

“As we celebrate this federal achievement, we call on provinces to consider similar measures to address the specific needs of grain producers in their jurisdictions.”

Carlo Dade, Director of the Trade and Trade Infrastructure Centre at the Canada West Foundation, who has done a lot of work on the right to repair issue, says the passage of the two bills is good news. It means innovation and diversification in the agriculture sector will not stop and that also help keep jobs in smaller communities and boost rural viability.

He also called on provincial governments to deal with right to repair issues within their jurisdictions to ensure the agriculture sector gets the protection its needs.

An article Wade coauthored with Anthony Rosborough, an Assistant Professor of Law and Computer Science at Dalhousie University says the passage of the two bill is also important to maintaining domestic agricultural equipment manufacturing. “The industry, and the jobs, innovation and exports that it engenders, had faced an existential threat from the abuse of copyright law by mostly foreign manufacturers of tractors and combines.”

This was a threat to the equipment manufacturers but also potentially the future of sustainable agriculture. Historically, accessing operating software was not an issue. But as combines, tractors and other large equipment have become increasingly digitized, manufacturers have begun to limit access to the software, the authors said. Recently, the largest maker of combines and tractors, John Deere, blocked access to software on its state-of-the-art X9 combine.

This news item prepared for National Newswatch