A good step for consumers

A few weeks ago, my furnace died during a cold snap. It was only six years old, but the person who came to fix it said it could not be repaired because the defect was in the circuit board and replacement parts for my (name brand) furnace were very hard, if not impossible, to find. As a result, I was forced to pay thousands of dollars for a new furnace.

Last year, my seven-year-old fridge suddenly stopped working. Again, the problem was the circuit board, which the repair man said was no longer available. That meant that I needed a new fridge — another surprise expense.

There was nothing wrong with the furnace or fridge that couldn’t have been solved with new circuit boards, but the replacement parts were no longer available. As a result, I was forced to buy new products, and items that should (and potentially could) have lasted much longer ended up in the landfill.

My wife drives a premium-brand car. We like to take it to the garage near our home, but there are times when it can only be serviced by the dealership because it has special diagnostic software, parts and tools. They also charge way higher rates than our neighbourhood repair shop.

The computer I use has what was a high-end Intel processor when I bought the machine, but computers with that chip can’t be upgraded to Windows 11 for some reason. As a result, I am no longer receiving some Windows updates because support for Windows 10 ended last October. There’s really nothing wrong with the computer, but I will eventually have to send it to the dump and buy a new one because this one is becoming obsolete and won’t be able to run new software and apps.

I imagine you have had the same experiences. Appliances, vehicles and other devices don’t last as long as they used to and they’re much harder and/or more expensive to repair. That is, if you can even find a repair person. All of those breakdowns are costing consumers a ton of money, and they are having an environmental impact as well.

If you think it shouldn’t be this way, you’re not alone. Governments all over the world are taking steps to implement “right-to-repair” laws, which are aimed at granting consumers and independent repair shops the right to fix products by using authorized parts, tools and software without violating manufacturers’ copyright or warranties. The laws aim to reduce electronic waste, lower repair costs and prevent manufacturers from enforcing monopolies on repairs.

In 2024, the federal government took the first serious step in Canada toward that goal, by passing laws that allow for the circumvention of “digital locks” on software for diagnosis, maintenance, or repair purposes. That same year, the European Union adopted a “right-to-repair directive” that requires manufacturers to offer affordable, efficient and timely repairs.

Last year, the Quebec government passed a law that forces manufacturers to make tools, parts and information available. The objective of that legislation was to protect consumers from planned obsolescence, such as what has happened to my computer, and to promote the manufacture of goods that are more durable and easier to repair.

That was good leadership from a provincial government, and the Manitoba government has joined the right-to-repair movement by introducing Bill 15, the Consumer Protection Amendment Act. If passed, the new law will require a seller or manufacturer of a designated consumer good to provide buyers with parts, tools, diagnostic software and manuals necessary to repair that good.

Sadly, the new requirements will only apply to certain designated goods sold after the law comes into force, which means that it won’t apply to anything you already own, but it might protect things you buy after the law is passed in the Manitoba Legislative Assembly.

It also won’t apply to a class of buyers, suppliers, means of repair or transactions that the government exempts from the law. Those exemptions will be made clearer when the regulations are issued.

Will the Quebec and Manitoba laws make difference? Will they result in more products becoming available that are better built, more durable and easier to repair? What’s the possibility that some manufacturers might choose to not sell their products in those jurisdictions in order to avoid the new right to repair requirements?

It’s hard to say, without more provinces passing similar laws. It is noteworthy, however, that Ontario is also reportedly considering such a law.

If that happens, manufacturers may have to choose between complying with right to repair laws or not doing business in the Canadian market.

It’s fair to be critical of government when it makes mistakes, but it is just as fair to give credit when it is deserved. The introduction of right to repair legislation in Manitoba is a good idea that will protect Manitoba consumers. That fact that our province is, along with Quebec, taking the lead on this issue is all the better.