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Bill 91, Right to Repair Act, 2025

Rakocevic, Tom

Kernaghan, Terence

Vanthof, John

Current status:

First Reading Ordered for Second Reading

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Bill 91 Original (PDF)

EXPLANATORY

NOTE

The

Bill adds a new

Part V.1 to the Consumer Protection Act,

2023 .

The

Part applies with respect to electronic products, household appliances,

agricultural equipment, motor vehicles, motorized mobility aids and

recreational motorized vehicles. Suppliers are required to assist consumers in

the diagnosis, maintenance and repair of products, including by providing

documentation, parts or tools to help consumers or repair businesses carry out

repairs. A supplier who refuses or is unable to comply with the requirements

must replace the product at no cost or refund the amount paid by the consumer

to purchase or lease the product.

Rules

are set out for seriously defective motor vehicles.

Certain

limitations are provided for.

The

amendments come into force one year after the day

section 2 of the Consumer Protection Act, 2023 comes into force, or one

year after the Bill receives Royal Assent, whichever is later.

Bill 91 2025

Act to amend the Consumer Protection Act, 2023 with respect to consumers’ right

to repair certain consumer products

Preamble

Not

having access to affordable and accessible repair is raising the cost of living

for households in Ontario.

Not

being able to access or afford repair can increase waste.

Independent

repair businesses play a vital role in providing access to repair at an

affordable cost, particularly in smaller and rural communities where dealership

networks are thin or non-existent.

Ontarians

should have access to repair services that are locally available and reasonably

priced.

Therefore,

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

Definitions

72.1 In this Part,

“agricultural

equipment” means equipment used in agriculture, horticulture, viticulture,

dairy production, livestock production, poultry production, bee production, food

processing, food manufacturing or food transporting; (“machines agricoles”)

“confidential

business information” means any information that has commercial value, is

secret and has been subject to reasonable measures by the owner of the

information to ensure it remains secret; (“renseignements commerciaux

confidentiels”)

“consumer”

means a person who resides in Ontario and who,

(

a) purchases

Part V.1 product,

(

b) in

the case of a

Part V.1 product that is agricultural equipment, purchases or leases

the product from a dealer in Ontario for the person’s own use, or

(

c) in

the case of a

Part V.1 product that is a motor vehicle, a recreational

motorized vehicle or a motorized mobility aid, purchases or leases the product

from a supplier in Ontario; (“consommateur”)

“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”)

“embedded

software” means any programmable software instructions delivered with or loaded

on equipment, or a part of equipment, that allow the equipment or part to

operate or communicate with other computer hardware; (“logiciel intégré”)

“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”,

in relation to a

Part V.I product, means a business,

(

a) that

produces the

Part V.I product, or

(

b) that

is branded as being the producer of the

Part V.I product; (“fabricant”)

“motorized

mobility aid” means a motorized device used to facilitate the transport, in a

seated posture, of a person with a disability; (“aide à la mobilité motorisée”)

“part”,

in relation to a product, means any component, whether new or used, made

available or used by a supplier as a replacement for that component for the

purpose of maintaining or repairing the product; (“pièce”)

“Part

V.1 product” means a product to which this Part applies; (“produit visé par la

partie V.1”)

“recreational

motorized vehicle” means a self-propelled vehicle that is designed and intended

to transport one or more persons on land or water for recreational purposes, such

as a golf car, a motorized foot scooter, a motor-powered skateboard, a self-balancing

device, a ride-on car intended for use by a child, an off-road vehicle, a

pleasure craft or a power-assisted bicycle; (“véhicule récréatif motorisé”)

“repair

business” means a business that diagnoses, maintains or repairs products used

by consumers; (“entreprise de réparation”)

“supplier”,

in relation to a

Part V.1 product, includes the manufacturer of the product; (“fournisseur”)

“update”

means,

(

a) in

relation to embedded software, any update whose purpose is to fix a deficiency,

error or bug,

(

b) in

any other case in connection with a product, any recommended corrections or

adjustments to a part, tool or information if the corrections or adjustments

are created or distributed by the supplier of the product and are used for

diagnosis, maintenance or repair of the product. (“mise à jour”)

Part

V.1 products

72.2

(1) This

Part applies with respect to the following products if the product was first manufactured

and supplied on or after the day the Right to Repair Act,

2025 came into force:

1. Electronic

products.

2. Household

appliances.

3. Agricultural

equipment.

4. Motor

vehicles.

5. Motorized

mobility aids.

6. Recreational

motorized vehicles.

Non-application

(2) This

Part does not apply with respect to the following products:

1. Medical

devices.

2. Industrial,

construction, compact construction, mining or road-building equipment.

3. A

product purchased, installed and maintained by a public or regulated utility.

4. Marine

vessels or airplanes.

5. Communications

equipment intended for use by an emergency system organization such as a

police, fire, ambulance or other emergency rescue service to prevent or respond

to emergencies.

6. Set

top boxes, modems or all-in-one devices delivering internet, video and voice

services that are distributed by a video, internet or voice service provider,

but only if the service provider offers readily available replacement equipment

at no charge to the customer and the replacement exceeds what would be

available to the consumer under this Part.

7. Fire

alarm systems, intrusion detection equipment that is provided with a security

monitoring service, life safety systems or physical access control equipment,

including electronic keypads, and similar electronic devices that control

access to premises.

Right

to repair

72.3

(1) At the

request of a consumer or a repair business, a supplier shall provide to the consumer

or repair business any items described in subsection (2) that the supplier uses

or provides to others for the purposes of,

(

a) diagnosing,

maintaining or repairing

Part V.1 products it supplies; or

(

b) resetting

an electronic security function of

Part V.1 products it supplies if the

function is disabled during diagnosis, maintenance or repair.

Items

to be provided

(2) The

items referred to in subsection (1) are:

1. Any

documentation, including any manual, maintenance procedures, functional and

wiring diagrams, reporting output, service code description, boardview file or

complete Printed Circuit Board layout or schematic, security code, password,

training material, troubleshooting information, full list of required tools,

full list of parts, part number information and any other guidance or

information used in facilitating the diagnosis, maintenance or repair of a

Part

V.1 product supplied by or on behalf of the supplier.

2. Any

parts, including any replacement part, whether new or used, made available or

used by a supplier for the purpose of facilitating the maintenance or repair of

Part V.1 product supplied by or on behalf of the supplier.

3. Any

tool, including any software program, hardware implement or other apparatus

used for diagnosis, maintenance or repair of a

Part V.1 product supplied by or

on behalf of the supplier, including software or other mechanisms that provision,

program or pair a new part, calibrate functionality or perform any other

function required to bring the product back to fully functional condition,

including any updates.

Deadline

for providing items

(3) The

items shall be provided within a reasonable time but in any event the time

shall not exceed 30 days or such earlier deadline as may be prescribed.

Availability

of items

(4) For

the purpose of complying with subsection (1), the supplier shall retain the

items described in subsection (2) in relation to a product, model or type of

product for at least seven years, or such longer period as may be prescribed,

after the last day on which the product, model or type was manufactured.

Same

(5) Subsection

(2) applies regardless of when any warranty for the product, model or type may

expire.

charge for documentation

(6) Subject

to subsection (7), the supplier shall provide access to the documentation described

in subsection (2) at no charge.

Printed

documentation at reasonable cost

(7) If

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

documentation described in subsection (2), the supplier may charge a fee, but

the fee must not exceed a reasonable estimate of the costs of printing the

documentation.

Confidentiality

agreement

(8) The

supplier may require the consumer or a representative of the repair business to

sign a confidentiality agreement if documentation provided to the consumer or

repair business under subsection (2) discloses the supplier’s confidential

business information.

Parts,

software, tools at reasonable cost

(9) The

supplier may charge a fee for providing parts, embedded software or tools described

in subsection (2) if,

(

a) the

supplier charges the same fee whether the item is provided to a consumer, a

repair business or another person;

(

b) the

supplier does not provide the item on condition that another item be purchased

or on conditions with respect to unrelated contractual obligations;

(

c) any

tools provided by the supplier are provided,

(

i) at

no charge except for a reasonable amount for preparing and providing the tool,

(ii) without

requiring a separate authorization for the use or operation of the tool or

imposing a barrier to access or use of the tool to diagnose, maintain, repair

or enable full functionality of the

Part V.1 product, and

(iii) in

a manner that does not impair efficient and cost-effective diagnosis,

maintenance or repair;

(

d) any

parts provided by the supplier are provided,

(

i) without

imposing substantial conditions, obligations or restrictions that are not

reasonably necessary for enabling the consumer, repair business or other person

to diagnose, maintain or repair the

Part V.1 product,

(ii) without

setting a minimum or maximum quantity of parts that the consumer, repair

business or other person may or must purchase, and

(iii) without

making access to parts conditional on any additional contract for the purchase

of parts; and

(

e) any

embedded software provided by the supplier is provided in a manner that does

not impair efficient and cost-effective diagnosis, maintenance or repair.

Exception,

embedded software updates

(10) Despite

clause (9) (a), the supplier shall not charge any fee for providing updates to

embedded software.

Parts

pairing prohibited

(11) A

supplier shall not use software that pairs component parts of a product through

a unique identifier or other mechanism or use any other mechanism to,

(

a) prevent

the installation or functioning of any otherwise functional part, including a

replacement part or component that is not approved by the supplier;

(

b) inhibit

or reduce the functioning of any part such that if it were used by a consumer

or repair business the device being repaired would operate with reduced

functionality or performance;

(

c) create

false, misleading or deceptive alerts or warnings about parts or repairs, or

alerts or warnings that cannot be dismissed on the device being repaired;

(

d) charge

additional fees or increased prices for future repairs; or

(

e) limit

who can purchase parts or perform repair services.

Digital

locks

(12) If

Part V.1 product requires that a lock be deactivated to facilitate diagnosis,

maintenance or repair, the supplier shall make available, on reasonable terms, any

special documentation, tools or parts needed to access and reset the lock.

However, the supplier shall not make the items available to a repair business

engaged in repairing a product without the written permission of the owner.

Data

(13) In

the case of a

Part V.1 product that is a motor vehicle, a recreational

motorized vehicle or a motorized mobility aid, the supplier of the product

shall,

(

a) as

soon as possible after a consumer or repair business requests it, provide the

consumer or repair business access to the product’s data to facilitate

diagnosis, maintenance or repair; and

(

b) retain

the product’s repair data for at least 10 years after the last day on which the

product model or type was manufactured.

Effect

of repair on warranty

(14) A

supplier who provides a warranty to a consumer, whether required by law or

otherwise, shall not void the warranty solely on the basis that repairs are

carried out on the

Part V.1 product by the consumer or a repair business or on

the basis that parts not authorized by the supplier are used in the repair.

no repair

72.4

(1) A supplier

who refuses or is unable to comply with

section 72.3 in response to the request

of a consumer in respect of the supplier’s

Part V.1 product shall, at the

request of the consumer,

(

a) replace

the product at no cost; or

(

b) refund

the amount paid by the consumer to purchase or lease the product.

Right

of action

(2) A

consumer may commence an action against a supplier who fails to comply with

subsection (1).

Remedies

(3) In

an action under this section, a court may issue the following orders in

addition to any other remedies provided for in respect of an action under this

Act:

1. An

order requiring the supplier to comply with

section 72.2 or 72.3 or this

section.

2. An

order for damages payable to the consumer or to any affected repair business to

compensate for the supplier’s noncompliance.

privity of contract required

(4) In

an action under this section,

(

a) lack

of privity of contract between the person bringing the action and the supplier is

not a defence; and

(

b) the

supplier is deemed to have received consideration in respect of the sale of the

Part V.1 product.

Costs

(5) No

costs shall be awarded against a consumer who,

(

a) brings

an action against a supplier under this section; or

(

b) in

an action brought by a supplier, defends or counterclaims on the grounds that

the supplier has not complied with

section 72.2 or 72.3 or this section.

Same

(6) Subsection

(5) applies regardless of whether the consumer is successful in the action,

defence or counterclaim unless, in the opinion of the court, the action,

defence or counterclaim was frivolous or vexatious.

Seriously

defective motor vehicles

72.5

(1) In this

section,

“defect”,

in relation to a motor vehicle, means a condition that,

(

a) impairs

the motor vehicle’s use, value, safety or fitness for the purposes for which it

was ordinarily intended, and

(

b) is

not the result of normal wear and tear, lack of reasonable maintenance or

damage caused after the sale or lease of the motor vehicle.

Right

of action

(2) A

consumer who purchases a motor vehicle from a supplier may bring an action

against the supplier of the motor vehicle based on,

(

a) a

latent defect in the motor vehicle; or

(

b) a

failure by the supplier to provide the consumer with instructions that are

necessary to protect the consumer against a risk or danger of which the

consumer would otherwise be unaware.

Exception

(3) Clause

(2) (

a) does not apply if the consumer could have discovered the defect by an ordinary

examination.

defence

(4) It

is not a defence to an action under this

section that the supplier was unaware

of the latent defect or the failure to provide instructions.

Declaration,

seriously defective motor vehicle

(5) On

application by a consumer who is the owner or long-term lessee of a motor

vehicle, a court may declare the motor vehicle to be a seriously defective

motor vehicle if,

(

a) attempts

to repair one or more defects affecting the motor vehicle have been made under

the basic warranty provided by the manufacturer amounting to,

(

i) three

unsuccessful attempts for the same defect,

(ii) one

or two unsuccessful attempts for the same defect if the person responsible for

the warranty has possessed the motor vehicle for more than 30 days, excluding

days on which the person responsible for the warranty demonstrates that the

repairs cannot be made due to a shortage of parts and provides the consumer

with a temporary replacement motor vehicle at no cost, or

(iii) 12

attempts for unrelated defects;

(

b) the

defects appeared within three years after the first sale or long-term lease of

the motor vehicle and the odometer shows less than 60,000 kilometres; and

(

c) the

defects render the motor vehicle unfit for the purposes for which it is

ordinarily intended or substantially diminish its usefulness.

Orders

(6) A

court that declares a motor vehicle to be a seriously defective motor vehicle

may,

(

a) in

the case of a motor vehicle that was purchased or financed, order the supplier to

repurchase the motor vehicle at the full purchase price adjusted for mileage or

to provide, at no cost, a replacement vehicle of comparable or better value and

specifications;

(

b) in

the case of a motor vehicle that was leased, order the termination of the lease

agreement without penalty.

Disclosure

and label

(7) Any

person who advertises or offers for sale or long-term lease a motor vehicle

that has been declared to be a seriously defective motor vehicle shall,

(

a) disclose

the fact of the declaration; and

(

b) affix

a label to the motor vehicle disclosing the fact of the declaration in a

location that allows the label to be read entirely from outside the motor

vehicle.

Successor

owners

72.6

(1) Subject

to subsection (2), a person who gains a property interest in a

Part V.1 product

from or through the original consumer, whether the interest is gained by

purchase, gift, operation of law or otherwise, shall be treated as if the

person were the consumer for the purposes of this Part, regardless of the

person’s position in the sequence of dealings in the

Part V.1 product.

Exception

(2) Subsection

(1) does not apply to persons who acquire a

Part V.1 product from or through a

consumer for the purpose of resale or for use predominantly in a business.

Limitations

72.7

(1) Nothing

in this Part requires a supplier to divulge any confidential business

information to any consumer or repair business except as is necessary to diagnose,

maintain or repair the

Part V.1 product.

Damage

(2) No

supplier is liable for any damage to a

Part V.1 product that occurs during the

process of a consumer or repair business diagnosing, maintaining or repairing

the

Part V.1 product unless the damage is attributable to a defect in design or

manufacturing.

Security

measures

(3) Nothing

in this Part requires a supplier to make available documentation, tools or

parts that would disable or override anti-theft or other security measures set

by the owner of a product without the written permission of the owner.

Parts

no longer available

(4) Nothing

in this Part requires a supplier to provide a

part if the

part is no longer

available to the supplier.

Unlawful

materials

(5) Nothing

in this Part requires a supplier to sell any service materials, including

parts, tools, information or software, that would be prohibited to use under a

law of Canada or Ontario.

Commencement

This Act comes into force on the later of the following days:

1. One

year after the day

section 2 of

Schedule 1 ( Consumer

Protection Act, 2023 ) to the Better for Consumers,

Better for Businesses Act, 2023 comes into force.

2. One

year after the day this Act receives Royal Assent.

Short

title

The

short title of this Act is the Right to Repair Act,

2025 .

Date Bill stage Event Outcome Committee

December 10, 2025

First Reading

Ordered for Second Reading

December 10, 2025

First Reading

Vote

Carried

First Reading

December 10, 2025

Carried

Ordered for Second Reading