From Agriculture to Autos: What Right to Repair Means for Business

Written By Lorelei Graham and Ahmed Elmallah

In a significant development for farmers and the agricultural industry, amendments made last year to the Canadian Copyright Act have introduced new exemptions related to the right to repair and digital interoperability. These changes have implications for how farmers can maintain, repair and integrate their digital equipment.

Our previous article, Agricultural, Automotive and Consumer Electronics Industries—Right to Repair Legislation Carries Significant Impacts, discussed the proposed changes to the Copyright Act in relation to Bill C-224. In November 2024 this bill received royal assent, and the amendments are now in force as law.

Technological Protection Measures (TPMs)

Prior to the recent amendments, the Act prohibited circumventing 'technological protection measures' (TPMs), commonly referred to as digital locks, with limited exceptions.¹ TPMs are mechanisms, either software or hardware-based, that are designed to safeguard copyrighted content and sensitive data in the digital realm. TPMs can take various forms, including password protection, encryption, hardware-based limitations incorporated into files or devices, and digital signatures.

In the agricultural context, TPMs are commonly used to restrict access to the software that runs farming equipment. Often, this access is necessary for tasks like repairing the equipment (such as diagnosing error messages) or connecting it with third-party attachments. From the equipment manufacturer perspective, these software locks are an important means of product control.

Right to Repair

The new amendments to the Copyright Act now allow individuals to bypass TPMs for the purpose of maintenance, repair, or diagnostics without infringing copyright.² This applies to both individuals repairing their own devices and professional repair technicians hired by others. However, it’s important to note that while the right to repair allows for the circumvention of TPMs, it does not legalize subsequent copyright infringement³ or the offering of services primarily intended to circumvent TPMs (without actual repair).

Digital Interoperability

The amendments also address digital interoperability, which is the ability of different digital systems to work together. The changes to the Copyright Act allow users to bypass TPMs to enable programs or devices to interoperate with other programs or devices.⁴ This is particularly relevant for farmers who need to integrate equipment from different manufacturers into their machinery (e.g., attachments or other auxiliary tools).

Automotives and Consumer Electronics

Beyond the agriculture sector, the right to repair legislation also impacts industries like automotive and consumer electronics, where repair functions are often restricted by software. Under the new amendments, car owners can now circumvent TPMs to legally access software-restricted features to fix their vehicles, and consumers can repair their electronics without violating copyright law. These changes also allow aftermarket automotive dealers to legally perform vehicle diagnosis repairs, while third-party repair services can service consumer electronic devices. However, this exemption is strictly limited to repair and maintenance or allowing interoperability—it does not permit unlocking or enabling new features that were originally restricted by the original equipment manufacturer (OEM). The amendments also allow circumventing TPMs to enhance digital operability of vehicles and consumer electronics.

Bennett Jones has also written on the specific requirements for the automotive industry in Québec’s Bill 29, an Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods.

If you're interested in gaining a deeper understanding of how these amendments could impact your business, don't hesitate to contact Lorelei Graham, head of Bennett Jones’ Agribusiness Industry Team.

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