Farmers need right to repair their own equipment

by Cathy Lennon, General Manager, Ontario Federation of Agriculture

Earlier this month, John Deere, one of the world’s largest farm equipment manufacturers, signed a “right to repair” memorandum of understanding with the American Farm Bureau. This means farmers in the United States now have the right to fix their John Deere tractors and other farm equipment either themselves or through an independent third party.

This is a major shift for the agriculture sector, where Original Equipment Manufacturers (OEMs) in both Canada and the United States have long restricted farmers’ ability to access the technology embedded in their products, including diagnostic and repair codes and service manuals.

By comparison, right-to-repair legislation has been in place for decades in the automotive industry, where independent mechanics have the same diagnostic software and service manuals as OEM dealerships.

In Canada, without right-to-repair protection, farmers or someone not certified by the OEM who break a password or a digital lock to make a repair are in violation of the federal Copyright Act – and with digital systems and software increasingly embedded across a growing array of systems and equipment, this applies to more and more aspects of a farm business’ operations every year.

Copyright law was never intended to prevent people from repairing their own devices. And even though copyright law is federal, Ontario needs a right-to-repair framework for agricultural equipment, so that repair manuals, parts, and tools are available, and manufacturers can’t deliberately make products unrepairable.

Bill C244, An Act to Amend the Copyright Act (diagnosis, maintenance, and repair), was introduced in the House of Commons on February 8, 2022. It is currently before the House of Commons’ Standing Committee on Industry and Technology for review.

The Ontario Federation of Agriculture (OFA) supports legislation that lets people make repairs, run diagnostics and, conduct maintenance. We understand that farmers cannot afford to be dependent on a dealer schedule to fix what could be as simple as a faulty fuel sensor – especially during busy planting and harvest seasons, where field work must be completed as quickly as possible.

We need this legislation to ensure OEM-approved tools, replacement parts, and repair manuals are available for Canadian electronic and farm equipment aftermarkets. Doing in-field repairs themselves or calling an independent technician can minimize costly downtime and avoid a lengthy trip to the dealership.

Farmers also need assurance that equipment repairs done by non-OEM certified shops do not violate any warranties and want clarity about operator or OEM liability if an accident does occur on repaired equipment.

At the same time, we understand that OEMs need to protect their intellectual property, and that safeguards need to be in place to prevent the modification of software in ways that would circumvent the original design and function of the equipment.

That’s why farmers aren’t asking for the right to modify software or expose OEM intellectual property, but instead, support a framework that allows for decoding of digital locks for diagnosis, repair, and maintenance.

The new MOU signed by John Deere and the American Farm Bureau has the potential to serve as a model for other manufacturers and in other jurisdictions to enable a framework where manufacturers and consumers can work together to protect everyone’s rights and improve the playing field when it comes to repairs.

The OFA supports a framework for farm equipment, as with other vehicles, that does not compromise safety and emissions standards, ensures products are repairable, and that spare parts and tools are accessible. An amended federal Copyright Act that protects manufacturer technology copyrights, combined with provincial laws giving people the right to repair the things we own, will help level the playing field in the agricultural sector and support the competitiveness and profitability of our industry.

“The range of forecast is the key going forward,” Silani said. “Because we are looking 30-years into the future, there is no way anyone could predict today – with any degree of certainty – one number,” in predicting what a population for the municipalities will be in the future.

Silani said it is a forecasting model, based on the assumptions put into the model. “We believe it provides a good range going forward.”

He said one of the takeaways is that Watson and Associates forecasted a robust period of growth over the next two to three decades in Essex County. It projected the population will grow from 199,100 to anywhere between 268,100 and 315,000.

It also projects that by 2051, the total number of households in the County could grow from 71,400 to between 101,200 and 114,300.

In addition, by 2051, total employment in the County is forecasted to grow from 72,300 to between 107,900 and 124,200.

“Those are very positive growth forecasts,” Silani said. “They are in the report and will get carried forward in the Phase 2, Phase 3, when we go through the next part of the Official Plan Review, which starts to look at land supply, settlement areas, and where in the County – in each of the municipalities – this growth is going to take place and what infrastructure is going to be required to support that growth from a policy perspective.”

Belanger noted the County can now retain a consultant to assist with the Phases 2 and 3 Work Program. It is hoped the new OP will be in place by the end of the year.

The project kick-off meeting with County Council will take place on April 5.

Housing and Homelessness Advisory Committee 2022 Annual report received

Essex County Council received Housing and Homelessness Advisory Committee’s (HHAC) 2022 Annual Report to City Council and HHAC Highlights.

Tecumseh Mayor Gary McNamara sits on the Committee. He said members have not had their first meeting since the start of the new Term of Council yet.

One of the things he wants to bring up on the Committee is a continuation of the discussion started with the prior Term of Council in ensuring the County gets its fair share. 2023 Budget given final approval, with transfers from reserve to meet 3.81% increase

County Council approved a series of transfers from reserves to have a neutral impact to the 2023 Budget and maintain the proposed 3.81% residential tax increase.

The three transfers included: $505,000 from the County’s Accrued Payroll account to support Essex County Library’s retroactive pay equity/job evaluation payments; approximately $135,000 from the County’s Rate Stabilization Reserve to support Essex County Library’s retroactive pay equity/job evaluation payments; and $312,388 from the County’s Capital Reserve to support the

2023 loss of OCIF grant allocation.

The 2023 Budget estimates for the Essex County Library Board, in addition the 2023 net operating and capital requirements in the amount of $123,599,230, were also approved.

Sandra Zwiers, Director of Financial Services/Treasurer, explained at the December 7 Budget Deliberation, County Council approved all departmental budgets, with the exception of the Essex County Library Board. That was held, pending Essex County Library Board approval.

Amendments made at the 2023 Budget Deliberation included the reduction of the proposed increase to the annual contribution to the new Windsor Essex Hospital Reserve by $580,000 to maintain the 2022 funding level; the reduction of the proposed transfer to reserves for Interest Income by $400,000; reallocation of $100,000 of reserve funds previously identified for SWIFT initiatives back to general revenue; and the elimination of the Physician Recruitment initiative resulting in a net expense reduction of $40,000.

This reduced the levy requirement to $123,599,230, or a proposed residential tax rate increase of 3.81 percent, Zwiers said.

During the Budget Deliberations, Chief Librarian, Adam Craig, presented the Budget for the Essex County Library as well as a multi-year pay equity and job evaluation review that had been completed. This would have two effects on the Library Board Budget: a retro-active payment for wages going back to 2013 and the impact of the new wage rates going forward, Zwiers explained.

A rough estimate of the retro-active cost, Zwiers explained, is around $1.6M. The Library, since 2013, has been setting money aside in its Accrued Payroll Account to help with the future cost of that settlement. It has $650,000.

The County also had a similar pay equity review take place in 2019, and also set aside funds in an Accrued Payroll Account in anticipation of a settlement. It has $505,000 remaining in the account, Zwiers explained.

At the December 7, 2022 Budget Deliberation meeting, Council approved the allocation of the County’s excess funds to ECL. There is still a shortfall of $445,000.

At its Board meeting on January 11, 2023, approval was granted to transfer $310,000 from the Essex County

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