Bill C-273: An Act to amend the Competition Act and the Canadian Environmental Protection Act, 1999 (right to repair)

C-273 Second Session, Fortieth Parliament, 57 Elizabeth II, 2009 HOUSE OF COMMONS OF CANADA BILL C-273 An Act to amend the Competition Act and the Canadian Environmental Protection Act, 1999 (right to repair) first reading, January 29, 2009 Mr. Masse 402025 SUMMARY This enactment adds a definition of “product” in section 75 of the Competition Act to make it clear that that term includes technical information that is required by a person in order to provide a service to a customer. This ensures that the Competition Tribunal is able to require a supplier to provide this information to a customer in accordance with section 75 in cases where the supplier has previously refused to do so. The enactment also amends the Canadian Environmental Protection Act, 1999 to provide that companies that manufacture motor vehicles in Canada or that import motor vehicles into Canada are required to make available to Canadian motor vehicle owners and repair facilities the information and diagnostic tools and capabilities necessary to diagnose, service and repair those motor vehicles. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 40th Parliament, 57 Elizabeth II, 2009 house of commons of canada BILL C-273 An Act to amend the Competition Act and the Canadian Environmental Protection Act, 1999 (right to repair) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-34; c. 19 (2nd Supp.), s. 19 COMPETITION ACT 1. Subsection 75(3) of the Competition Act is replaced by the following: Definitions (3) The definitions in this subsection apply in this section. “product”« produit » “product” includes technical information that is required by a person in order to provide a service to a customer. “trade terms”« conditions de commerce » “trade terms” means terms in respect of payment, units of purchase and reasonable technical and servicing requirements. 1999, c. 33 CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 2. The Canadian Environmental Protection Act, 1999 is amended by adding the following after section 159: Right to Repair Definitions 159.1 (1) The definitions in this subsection apply in this section. “motor vehicle”« véhicule automobile » “motor vehicle” means any vehicle that is capable of being driven or drawn on roads by any means other than muscular power exclusively, but does not include any vehicle designed to run exclusively on rails. “motor vehicle owner”« propriétaire d’un véhicule automobile » “motor vehicle owner” means any person who owns, leases, or otherwise has the legal right to use and possess a motor vehicle, and includes an agent of the person. “repair facility”« entreprise de réparation » “repair facility” means a facility operated by a person engaged in the repair, diagnosis or servicing of motor vehicles or motor vehicle engines and includes a business from which such a facility normally purchases tools used to diagnose problems with motor vehicles or motor vehicle engines. Application (2) This section applies only in respect of motor vehicles manufactured after the 1994 model year. Duty to disclose (3) In order to facilitate compliance with section 153, every company that manufactures a motor vehicle in Canada or that imports a motor vehicle into Canada shall (a) provide, in a standard format via the Internet, motor vehicle owners and repair facilities with unrestricted access to all the service and training information relating to a motor vehicle manufactured by the company, including information necessary to activate the controls of that motor vehicle; and (b) on the request of a motor vehicle owner or a repair facility, promptly make available to the motor vehicle owner or repair facility, through reasonable business means, all the diagnostic tools and capabilities necessary to diagnose, service and repair the motor vehicle. For greater certainty (4) For greater certainty, a company referred to in subsection (3) shall provide to motor vehicle owners and independent repair facilities the same information, and make available to them the same tools and capabilities, that it provides and makes available to franchised dealerships of the company, at the same time that they are provided and made available to those dealerships. Protection of trade secrets (5) Nothing in this section is deemed to require the disclosure of trade secrets or the public disclosure of any information related exclusively to the design and manufacture of motor vehicle parts. Regulations 159.2 The Governor in Council shall, within one year after the coming into force of this Act, make regulations for carrying into effect the purposes of section 159.1 and, in particular, regulations respecting (a) the method or methods by which companies shall provide the information and make available the diagnostic tools and capabilities referred to in subsections 159.1(3) and (4) to motor vehicle owners and repair facilities; (b) the fees that may be charged by companies for providing the information and making available the diagnostic tools and capabilities referred to in paragraph (a). Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada