Bill C-244 has recently been passed in the House of Commons to support the right to repair under the Copyright Act (the “Act”). The enactment seeks to amend the Copyright Act to allow the circumvention of a technological protection measure (“TMP”) so long as the circumvention is for designated purposes (diagnosis, maintenance, or repair).
Prior to Bill C-244, Canadian businesses did not have an ability to circumvent TMPs for the purpose of repairs. In 2022, the Canadian Competition Bureau highlighted that this prevented third-parties, including the device owners and independent repairs, from accessing repair data. The Bureau advocated for removing barriers that impeded the ability of ISOs to repair as it would lead to pro-competitive benefits in the market.
Bill C-244 has adopted the Bureau’s recommendations and will modernize copyright policy with digital technologies in Canada. Those practicing in copyright law should consider how this amendment will impact Alberta’s copyright law, policy, and procedures. For more information on Bill C-244, read the complete notice on the Government of Canada’s website here.