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Bill 72, Consumer Protection Amendment Act (Right to Repair Electronic Products), 2019

Coteau, Michael

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Status

Debates

Acts affected

Original

Bill 72 Original (PDF)

EXPLANATORY

NOTE

The

Bill is about the repair of electronic products.

The

Bill requires a company to give a consumer or repair shop what they need to

repair the electronic products themselves. The company can charge for this, but

within limits.

Bill 72 2019

An Act to amend the Consumer Protection Act,

respecting the repair of electronic products

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

The Consumer Protection Act, 2002 is amended by

adding the following Part:

Part

V.1

Right to Repair Electronic Products

Definitions

54.1 In this Part,

“brand

holder” means a business that electronic products are branded as being products

of; (“ titulaire

de marque ”)

“branded

electronic products”, in relation to a brand holder, means electronic products branded

as being products of that brand holder; (“produits électroniques de marque”)

“consumer

electronics repair business” means a person that engages in the business of

diagnosing, maintaining or repairing electronic products used by consumers; (“ entreprise

de réparation de produits électroniques grand public ”)

“electronic

products” means tangible goods that work at least in part because of

electronics that are part of them or attached to them. (“produits électroniques”)

Right

to repair

54.2

(1) At the

request of a consumer or consumer electronics repair business, a brand holder

shall provide them with the most recent version of the documents, replacement

parts, software and other tools that the brand holder uses for, or provides to

others for,

(

a) diagnosing,

maintaining or repairing the brand holder’s branded electronic products; or

(

b) resetting

an electronic security function of the brand holder’s branded electronic products

if the function is disabled during diagnosis, maintenance or repair.

Documents

for free

(2) The

brand holder must provide the documents for free, unless the consumer or

business demands paper copies.

Printed

documents at cost

(3) If

the consumer or business demands paper copies, the brand holder may charge them

a fee, but the fee must not exceed a reasonable estimate of the costs of

providing paper copies.

Parts,

software, tools at fair price

(4) The

brand holder may charge the consumer or business a fee for providing the

replacement parts, software and other tools, but,

(

a) without

any price discrimination between the consumer or business and any other person;

and

(

b) at

a net profit percentage that does not exceed a reasonable estimate of the net

profit percentage that the brand holder earns for diagnostic, maintenance or

repair services, if the brand holder sells those services.

Commencement

This Act comes into force one year after the day it receives Royal Assent.

Short

title

The

short title of this Act is the Consumer Protection

Amendment Act (Right to Repair Electronic Products), 2019 .

Date Bill stage Event Outcome Committee

May 2, 2019

Second Reading

Vote

Lost

May 2, 2019

Second Reading

Debated

February 21, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

February 21, 2019

Committee

Second Reading

May 2, 2019

Mr. Michael Coteau, Mr. Stephen Crawford, Mr. Tom Rakocevic, Mr. Kaleed Rasheed, Mr. Gurratan Singh, Mme Nathalie Des Rosiers

May 2, 2019

Declared lost.

Committee

Third Reading

Royal Assent

Acts affected - Bill 72

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Consumer Protection Act, 2002

Legislative Assembly of Ontario

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