What is the #RightToRepair?
DEFINITION OF THE RIGHT TO REPAIR.
The right to repair guarantees that goods, owned or leased, are repairable and the possibility of having them repaired at a reasonable price, within a reasonable time-frame and by the repair service of the user or owner's choice.
CanRepair thanks Équiterre for its leadership and contributions to the Coalition in developing the following comprehensive framework definition of the right to repair in Canada.
1.
REPAIRABILITY.
REPAIRABILITY.
Repairability means:
Availability and accessibility of parts, tools - including software - and documentation within a reasonable time after product commercialization, both for individuals and various types of repair businesses
Access to generic or where that is not possible, through custom parts supply (e.g. 3D printing) both for individuals and various types of repair businesses
Prohibition or regulation of voluntary irreparability (e.g. part pairing and bundling)
Availability and accessibility of past operating software versions and security updates
Repairs can be carried out using commonly available tools
Interoperability
Real-time bidirectional data sharing to enable repairs
2.
REASONABLE PRICE.
REASONABLE PRICE.
Reasonable price means:
The total repair price should not exceed a certain percentage of the price of a new product (e.g. between 18% and 40% of this price*)
The total repair price should be proportional to the nature of the repair or the part to be replaced (replacing one small part should be cheaper than replacing various parts or a main part)
The individual price of each part should not exceed a certain percentage of the price of the new good (e.g. 15% to 20%**)
Parts, tools, software and documentation should cost the same to anyone who purchases them (individual, independent repair business, authorized repair or service centre, Repair Café)
*Fachbach and al., 2022; ADEME, 2021; Joint Research Center, 2019 and McCollough, 2007.
**Le Club de la durabilité, 2023.
3.
REASONABLE TIMEFRAME.
REASONABLE TIMEFRAME.
Reasonable timeframe:
Applies to the repair itself, but also to the delivery of parts or tools, both for individuals and various types or repair business
Takes into account the nature of the good (reasonable time-frame for goods used on a daily basis, such as a refrigerator, should be shorter)
Takes into account the extent of the repair required (replacing one part should take less time than replacing various parts)
4.
CHOICE OF REPAIR SERVICE.
CHOICE OF REPAIR SERVICE.
Choice of repair service means:
Measures to allow self-repair*
Manufacturer's warranty is maintained despite repairs by a third party**
Access to repair services must be available throughout the country, including indigenous communities, rural and remote areas
Possibility to choose spare parts sourcing (used or new)
*For example, the French legislation states that if a manufacturer has given adequate safety instructions to enable an individual to carry out self-repair, the manufacturer cannot be held liable for damage occurring during self-repair if this damage is due to failure to follow the given instructions.
**In the U.S., the anti-tying provision of the Magnuson-Moss Warranty Act bars manufacturers from using access to warranty coverage as a way of obstructing consumers’ ability to have their consumer products maintained or repaired using third-party replacement parts and independent repair shops.