Agricultural Equipment and the Right to Repair in Saskatchewan
By Russel Weber, Tabbetha Gasper, and Adam Hendry
Your $1.2 million combine suddenly stops during harvest after an engine sensor fails. The replacement part is readily available, but after it is installed the combine cannot return to the field until the new sensor is electronically programmed or calibrated using the manufacturer’s diagnostic software. Your local dealer says the repair will take several days. An independent repair shop says it can have the combine operating tomorrow, but only if it can access the manufacturer’s diagnostic software.
Can they legally do that? Can you legally repair your own equipment? Can an independent repair provider perform the repairs? What happens if your dealer cannot supply the necessary parts?
These questions have become increasingly important as modern farm machinery becomes more sophisticated. Today’s combines, tractors, seeders, sprayers and other agricultural equipment contain complex software that controls everything from engine performance to precision agriculture systems. As a result, repairing even a relatively minor mechanical problem may require access to manufacturer-controlled software or digital diagnostic tools.
This issue is commonly referred to as the “Right to Repair” – the idea that owners should be able to repair equipment they have purchased themselves or have those repairs performed by the repair provider of their choice.
Although Saskatchewan has not yet enacted comprehensive Right to Repair legislation, farmers already have important legal protections under both federal and provincial law. Understanding these protections can help farmers minimize legal risk, reduce equipment downtime, and preserve their legal rights during critical farming operations.
Can I Legally Repair My Own Equipment?
One of the primary legal issues involves the software embedded within modern agricultural equipment.
Unlike older machinery, today’s farm equipment often contains copyrighted software protected by digital security measures known as “technological protection measures” (sometimes called “digital locks”). These measures are designed to control access to software and prevent unauthorized modification or copying.
Under the Copyright Act (Canada), circumventing a technological protection measure is generally prohibited and may expose a person to legal remedies by the copyright owner—typically the equipment manufacturer.
Recognizing the growing importance of repair rights, Parliament amended the Copyright Act in 2024 to provide greater flexibility for equipment owners and independent repair providers.
Section 41.121 of the Copyright Act now permits technological protection measures to be circumvented for the sole purpose of diagnosis, maintenance, or repair. The exception does not create a general right to copy, modify, or distribute copyrighted software. Rather, it is limited to circumvention undertaken solely for diagnosis, maintenance, or repair. This exception applies both when an owner repairs their own equipment and when another person performs the repair on the owner’s behalf.
The amendment reflects Parliament’s recognition that owners and independent repair providers should have greater flexibility to diagnose, maintain, and repair software-enabled products.
Can an Independent Repair Shop Repair My Equipment?
Yes, in many situations.
Independent repair providers may repair modern agricultural equipment and charge for those services, provided they do so in compliance with applicable law.
Whether a repair affects a manufacturer’s warranty is a separate legal question that depends on the terms of the applicable warranty and the particular circumstances. The Copyright Act exception does not determine a manufacturer’s contractual warranty obligations.
For example, an independent repair shop may perform repairs on a combine, tractor, seeder, or sprayer where doing so does not unlawfully circumvent a technological protection measure or otherwise infringe intellectual property rights. In many circumstances, recent amendments to the Copyright Act may also permit circumvention where it is undertaken solely for diagnosis, maintenance or repair.
Whether a particular repair is lawful will depend on the specific facts and the applicable legal requirements.
What Happens If My Dealer Cannot Supply Repair Parts?
Saskatchewan farmers also receive important protections under The Agricultural Implements Act (Saskatchewan).
This legislation governs the sale, lease, and distribution of agricultural implements in Saskatchewan and defines an “implement” broadly to include machinery used or intended to be used for farming operations.
Among other protections, the Act requires dealers and distributors to maintain the availability of repair parts for agricultural implements purchased within the previous ten years. The legislation also establishes specific remedies when emergency repair parts cannot be supplied within prescribed timeframes.
If emergency repair parts are required, the equipment owner should promptly notify the dealer or distributor that the order is an emergency.
Provided the statutory requirements are satisfied:
- the dealer or distributor generally has 72 hours to supply the required repair parts;
- if the parts cannot be supplied for reasons within their control, they may be required to compensate the farmer for up to 50% of the normal rental value of the equipment;
- alternatively, they may provide a replacement machine or arrange replacement equipment at half the normal rental rate.
These statutory protections recognize that prolonged equipment downtime during seeding or harvest can have significant financial consequences for Saskatchewan farmers.
What If I Suffer Financial Losses?
If a dealer or distributor fails to comply with the obligations imposed by The Agricultural Implements Act, Saskatchewan farmers have legal remedies.
A farmer may apply to the Agricultural Implements Board, an independent provincial tribunal responsible for resolving disputes under the legislation, or commence a court action where appropriate.
The Board may award compensation where a farmer suffers financial loss because of delays in obtaining repair parts or because a dealer or distributor has failed to comply with statutory warranties or obligations under the Act.
Currently, the Board may award compensation of up to $50,000.
Practical Tips for Saskatchewan Farmers
If your equipment breaks down, consider the following steps:
- Notify your dealer immediately if emergency repair parts are required.
- Clearly advise the dealer that the order is an emergency under The Agricultural Implements Act.
- Keep written records of communications with the dealer or distributor.
- Document equipment downtime and any resulting financial losses.
- Retain invoices for rental equipment or emergency repairs.
- Consider obtaining legal advice before a dispute escalates or significant losses occur.
Good documentation can be extremely important if compensation later becomes necessary.
Looking Ahead
Although Saskatchewan has not yet enacted comprehensive Right to Repair legislation, the issue continues to receive significant attention. The Law Reform Commission of Saskatchewan continues to examine whether broader Right to Repair legislation should be introduced in Saskatchewan.
If Saskatchewan ultimately adopts broader Right to Repair legislation, the rights of farmers and independent repair providers could expand even further. Until then, existing federal and provincial legislation already provides important protections that should not be overlooked.
How Can Weber & Gasper Help?
Agricultural equipment failures often involve much more than mechanical repairs. Modern disputes may involve warranty obligations, software restrictions, copyright law, dealer responsibilities, emergency repair parts, compensation claims, and significant financial losses arising from equipment downtime.
Whether you are a farmer, agricultural equipment dealer, distributor or independent repair provider, obtaining timely legal advice can help protect your rights, minimize business disruption, and preserve potential claims before significant financial losses occur.
Weber & Gasper Law Office advises clients throughout Saskatchewan on agricultural law, commercial disputes, and issues involving farm equipment, dealers, distributors, and agricultural businesses. If you have questions regarding agricultural equipment repairs, dealer obligations, warranty disputes or your legal rights, our team would be pleased to assist.
Disclaimer
This publication is intended for general information only and should not be relied upon as legal advice. The law may change, and its application depends on the specific facts of each situation. Please contact Weber & Gasper Law Office if you require legal advice regarding the issues discussed in this article.
