CANADA Trends and Developments Contributed by: Anthony Franceschini, INF LLP
obsolescence, statutory lemon law, right-to-repair framework, and fixed-duration warranties for specific goods, the Act reshapes the fundamental terms on which manufacturers and merchants participate in the Québec consumer goods market. For business operating in Québec, product design decisions, supply chain agreements for replacement parts and services, and the corporate governance structures put in place will need to be reviewed and checked against this new set of rules. Directors and officers must be mindful of these considerations and involved in such processes to be able to prove their due diligence in defending any personal prosecution under the Act.
Québec has positioned itself at the forefront of North American consumer product regulation. Since 2024, the Canadian Federal government has already made significant amendments to the Copyright Act to permit individuals and independent service providers to cir - cumvent Technological Protection Measures (TPMs) or digital locks on software-enabled products for the purpose of diagnosis, maintenance, and repair. This federal change aimed to bolster the “right to repair” in Canada by allowing repairs without voiding war - ranties. The authors expect that other consumer- conscious provinces in Canada will follow this trend in the near future.
74 CHAMBERS.COM
Powered by FlippingBook