CIPPIC consults on CUSMA Negotiations 

CIPPIC has participated in the Government of Canada’s open consultation on the operation of the Canada-United States-Mexico Agreement (CUSMA).  

CIPPIC’s submission call on the Canadian government to renegotiate international trade provisions that undermine Canada’s domestic copyright policy. CIPPIC highlights the incompatibility of CUSMA’s anti-circumvention rules with recent Canadian legislative reforms and recommends the creation of two complementary user rights: a Right to Repair and a Right to Audit. 

Right to Repair Provision 

Article 20.66 of CUSMA currently prohibits the circumvention of technological protection measures (TPMs) for legitimate purposes such as repair, maintenance, and interoperability. These restrictions inflate consumer costs, stifle innovation, and establish corporate control over essential technologies. Parliament has already acted to correct this imbalance through the introduction of Bill C-244 and Bill C-294. However, CUSMA’s existing provisions effectively neutralize these reforms. CIPPIC calls on Canada to seek amendments that explicitly permit lawful circumvention of TPMs in line with domestic law. 

Introduction of Right to Audit Provision 

Effective governance of artificial intelligence requires evaluating systems for ethical, legal, and technical compliance. Yet, Article 19.16 of CUSMA restricts access to source code and algorithms, limiting the capacity for independent AI auditing. To promote transparency and accountability, CIPPIC recommends revising this provision to authorize preventative auditing of AI systems. 

Summary of Recommendations:  

1. Anti-circumvention user rights should mirror Canadian copyright law 

2. Introduce a Right to Repair exemption under Article 20.66. 

3. Extend the Right to Repair to software and digital systems. 

4. Embed a Right to Audit AI under Article 19.16. 

5. Align CUSMA with Canadian and international best practices. 

CIPPIC thanks Danielle Giansante and Rana Sarhan for their work in preparing this submission. 

Read CIPPIC’s full submission: