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Bill 187, Right to Repair Consumer Electronic Products, Household Appliances, Wheelchairs, Motor Vehicles and Farming Heavy Equipment Act, 2024

Rakocevic, Tom

Karpoche, Bhutila

Vanthof, John

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Original

Bill 187 Original (PDF)

EXPLANATORY

NOTE

The

Consumer Protection Act, 2023 is amended by adding

a new

Part V.1.

New

section 72.1 provides that manufacturers of electronic products, household

appliances or wheelchairs must make available to consumers and repair

businesses the most recent version of the repair manual, replacement parts,

software and tools that the manufacturer uses for, or provides to others for,

diagnosing, maintaining, or repairing its electronic products, household

appliances or wheelchairs, or resetting an electronic security function of such

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

New

section 72.2 provides that manufacturers of motor vehicles and manufacturers of

farming heavy equipment must make available to consumers and consumer motor

vehicle and farming heavy equipment repair businesses the most recent version

of the repair manual, replacement parts, software and tools that the

manufacturer uses for, or provides to others for, diagnosing, maintaining, or

repairing its motor vehicles or farming heavy equipment, or resetting an

electronic security function of its motor vehicles or farming heavy equipment

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

both sections, the manufacturer must provide the repair manual at no charge or,

if a paper version is requested, at a reasonable cost. The manufacturer must

also provide the replacement parts, software and tools at a fair cost.

Bill 187 2024

Act to amend the Consumer Protection Act, 2023 with respect to the right for

consumers to repair consumer electronic products, household appliances,

wheelchairs, motor vehicles and farming heavy equipment

His

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

Province of Ontario, enacts as follows:

The Consumer Protection Act, 2023 is amended by

adding the following Part:

PART V.1

RIGHT TO REPAIR

Electronic Products,

Household Appliances and Wheelchairs

Definitions

72.1

(1) In this

section,

“branded

electronic products” means electronic products that are branded as being

produced by a specific manufacturer; (“produits électroniques de marque”)

“electronic

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

are part of, or attached to, them and includes consumer electronic devices and

appliances with electronic components; (“produits électroniques”)

“household

appliances” means electric or manual appliances, which assist in household

functions such as cooking, cleaning, food preservation and preparation,

personal hygiene, and home maintenance, and household tools required for

maintaining a home; (“appareils ménagers”)

“manufacturer”

means a business,

(

a) that

produces electronic products, household appliances or wheelchairs, or

(

b) that

is branded as being the producer of electronic products; (“fabricant”)

“repair

business” means a business that diagnoses, maintains or repairs electronic

products, household appliances or wheelchairs that are used by consumers.

(“entreprise de réparation”)

Right

to repair

(2) At

the request of a consumer or a repair business, a manufacturer shall, within a

reasonable time, provide to the consumer or business the most recent version of

the repair manual, replacement parts, software and tools that the manufacturer

uses for, or provides to others for,

(

a) diagnosing,

maintaining or repairing its branded electronic products;

(

b) diagnosing,

maintaining or repairing its household appliances or wheelchairs; or

(

c) resetting

an electronic security function of its branded electronic products, household

appliances or wheelchairs if the function is disabled during diagnosis,

maintenance or repair.

charge for repair manual

(3) Subject

to subsection (4), the manufacturer shall provide access to the repair manual

at no charge.

Printed

repair manual at reasonable cost

(4) If

the consumer or the repair business requests a paper version of the repair

manual, the manufacturer may charge a fee, but the fee must not exceed a

reasonable estimate of the costs of printing the repair manual.

Parts,

software, tools at fair cost

(5) The

manufacturer may charge a fee for providing replacement parts, software and

tools if the manufacturer,

(

a) does

not charge a different fee in respect of the amount of the fee charged to the

consumer, the repair business or any other person; and

(

b) ensures

that the net profit percentage of the charged fee does not exceed a reasonable

estimate of the net profit percentage that the manufacturer earns for

diagnostic, maintenance or repair services, if the manufacturer provides those

services.

Right to Repair Motor

Vehicles and Farming Heavy Equipment

Definitions

72.2

(1) In this

section,

“branded

farming heavy equipment” means farming heavy equipment that is branded as being

produced by a specific manufacturer; (“équipements agricoles lourds de marque”)

“branded

motor vehicles” means motor vehicles that are branded as being produced by a

specific manufacturer; (“véhicules automobiles de marque”)

“consumer

farming heavy equipment repair business” means a business that diagnoses,

maintains or repairs farming heavy equipment that are used by consumers;

(“entreprise de réparation d’équipements agricoles lourds grand public”)

“consumer

motor vehicle repair business” means a business that diagnoses, maintains or

repairs motor vehicles that are used by consumers; (“entreprise de réparation

de véhicules automobiles grand public”)

“farming

heavy equipment” means equipment or machinery designed and used for

agricultural or horticultural use and includes attachments; (“équipements

agricoles lourds”)

“manufacturer”

means a business,

(

a) that

produces motor vehicles or farming heavy equipment, or

(

b) that

is branded as being the producer of motor vehicles or farming heavy equipment;

(“fabricant”)

“motor

vehicle” means a motor vehicle as defined in subsection 1 (1) of the Highway Traffic Act . (“véhicule automobile”)

Right

to repair

(2) At

the request of a consumer, a consumer motor vehicle repair business or a

consumer farming heavy equipment repair business, a manufacturer shall, within

a reasonable time, provide to the consumer or business the most recent version

of the repair manual, replacement parts, software and tools that the

manufacturer uses for, or provides to others for,

(

a) diagnosing,

maintaining or repairing its branded motor vehicles or its branded farming

heavy equipment; or

(

b) resetting

an electronic security function of its branded motor vehicles or its branded

farming heavy equipment if the function is disabled during diagnosis,

maintenance or repair.

charge for repair manual

(3) Subject

to subsection (4), the manufacturer shall provide access to the repair manual

at no charge.

Printed

repair manual at reasonable cost

(4) If

the consumer, the consumer motor vehicle repair business or the consumer

farming heavy equipment repair business requests a paper version of the repair

manual, the manufacturer may charge a fee, but the fee must not exceed a

reasonable estimate of the costs of printing the repair manual.

Parts,

software, tools at fair cost

(5) The

manufacturer may charge a fee for providing replacement parts, software and

tools if the manufacturer,

(

a) does

not charge a different fee in respect of the amount of the fee charged to the

consumer, the consumer motor vehicle repair business, the consumer farming

heavy equipment repair business or any other person; and

(

b) ensures

that the net profit percentage of the charged fee does not exceed a reasonable

estimate of the net profit percentage that the manufacturer earns for

diagnostic, maintenance or repair services, if the manufacturer provides those

services.

Commencement

This Act comes into force on a day to be named by proclamation of the

Lieutenant Governor.

Short

title

The

short title of this Act is the Right to Repair Consumer Electronic Products, Household

Appliances, Wheelchairs, Motor Vehicles and Farming Heavy Equipment Act, 2024 .

Date Bill stage Event Outcome Committee

April 16, 2024

First Reading

Ordered for Second Reading

April 16, 2024

First Reading

Vote

Carried

First Reading

April 16, 2024

Carried

Ordered for Second Reading