Manitoba right-to-repair legislation sparks sector concerns

Proposed right-to-repair legislation could lead to fewer household appliances on offer, a retail association warns.

Take a cheap fridge: if it requires the same warranty or repair expectations as a top-of-the-line alternative — while third parties gain greater access to repair tools — manufacturers might opt against shipping the less expensive items to Manitoba, said John Graham, Retail Council of Canada’s director of government relations for the Prairies.

Manitoba’s new law would require consumer goods suppliers to make means of repair — parts, tools, software and manuals — available to customers. The legislation is expected to pass this spring. The Manitoba government will then unroll industry-specific regulations.

There may be “some level of expectations” around guaranteeing or warrantying repair work done by customers and third-party shops, Graham said in an interview Monday. “That comes with an additional level of cost to the manufacturer.”

As a result, the lower-cost items might be axed in-store, while still being available online — pulling Manitobans from shopping local, Graham said.

He presented his concerns to Public Service Delivery Minister Mintu Sandhu and fellow MLAs during an April 22 committee meeting.

The Retail Council of Canada supports the intent of the legislation, Graham said, before raising other worries.

The legislation says suppliers — both sellers and manufacturers — must make means of repair available to customers. However, manufacturers control the means of repair; supplying such items should be manufacturer-led, Graham said.

He questioned liability, adding manufacturers and shops shouldn’t be held responsible for improper repairs by others.

Wording of the proposed legislation won’t change, Sandhu said by phone Monday.

Instead, right-to-repair details will be outlined in industry-specific regulations. Government staff members will tackle large appliances, automobiles and farm equipment, in that order.

The approach has concerned several groups, including the Canadian Repair Coalition and the Opposition Progressive Conservatives.

“The bill itself is very short (and) very, very light on details,” said Tory MLA Josh Guenter (Borderland). “(It) leaves most of those details to be fleshed out in regulation later on, away from scrutiny of the legislative process.”

Guenter said his party supports the right-to-repair concept, but it’s hard to hold government accountable when work is done “behind closed doors.”

“We are listening to folks,” Sandhu said. “We want to make sure … there are more choices for Manitobans to get their equipment repaired here in Manitoba and also cheaply.”

He met with the Retail Council and several businesses at the end of March. Consultations are ongoing, he said; he didn’t provide a timeline for regulation creation.

Rick Vincent, a sales manager with Piston Ring Service, is waiting to see how the legislation will be enforced. (Enforcement measures will be included in the regulations, Sandhu said.)

Auto repair shops have been “increasingly unable” to finish jobs because they don’t have the proper information, Vincent said.

“There’s been instances where it makes it feel like we’re trying to fight against a dealership, and that’s not the case with this,” he said in an interview Monday. “We just want consumers to have choice where they take it to.”

It’s particularly important for rural and northern Manitobans who have few shops nearby, Vincent said.

He called on politicians, during the April committee meeting, to ensure shops get “complete” access to manufacturers’ repair means, including software upgrades and diagnostic systems. Key- and security-related functions have been notably difficult to address, Vincent said.

Allowing unqualified people to conduct work on appliances — heavily regulated “complex electronic durable goods” — could lead to risks such as electrical hazards, a Whirlpool Canada representative told the committee.

“It’s crucial to recognize that the major appliance industry operates differently from the automotive sector,” said Warrington Ellacott, Whirlpool Canada’s senior manager of government relations.

Repair technicians enter customers’ homes and could pose personal safety risks if unqualified, Ellacott added. Whirlpool Canada conducts background checks on its staff, he said.

The company reaches nearly all of Manitoba through member companies.

gabrielle.piche@winnipegfreepress.com