Textile Labelling Act (R.S.C., 1985, c. T-10)

Act current to 2016-09-18 and last amended on 2011-11-29. Previous Versions

Enforcement

Marginal note:Powers of inspectors
  •  (1) Subject to subsection (1.1), an inspector may at any reasonable time enter any premises of a dealer or any other place in which the inspector believes on reasonable grounds there is any textile fibre product that is owned by a dealer and may

    • (a) examine any textile fibre product found therein;

    • (b) open and examine any package found therein that the inspector believes on reasonable grounds contains any textile fibre product; and

    • (c) examine any books, reports, test data, records, shipping bills and bills of lading or other documents or papers that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or extracts therefrom.

  • Marginal note:Warrant required to enter dwelling-house

    (1.1) Where any place or premises referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

  • Marginal note:Authority to issue warrant

    (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

    • (a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

    • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

    • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

    the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

  • Marginal note:Use of force

    (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

  • Marginal note:Certificate to be produced

    (2) An inspector shall be furnished with a certificate of his designation as an inspector and, on entering any place described in subsection (1), shall, if so required, produce the certificate to the person in charge of that place.

  • Marginal note:Assistance to inspectors

    (3) The owner or person in charge of a place referred to in subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.

  • R.S., 1985, c. T-10, s. 8;
  • R.S., 1985, c. 31 (1st Supp.), s. 24.
Marginal note:Obstruction
  •  (1) No person shall obstruct or hinder an inspector in the carrying out of his duties and functions under this Act.

  • Marginal note:False statements

    (2) No person shall knowingly make any false or misleading statement, either orally or in writing, to an inspector engaged in carrying out his duties and functions under this Act.

  • Marginal note:Interference

    (3) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with any textile fibre product or other thing detained by an inspector pursuant to the regulations.

  • R.S., c. 46(1st Supp.), s. 9.
Marginal note:Seizure
  •  (1) Where an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any textile fibre product or any labelling, packaging or advertising material by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.

  • Marginal note:Detention

    (2) A textile fibre product or other thing seized and detained pursuant to subsection (1) shall not be detained after

    • (a) the provisions of this Act or any regulations that are applicable to the textile fibre product or other thing have, in the opinion of the inspector, been complied with, or

    • (b) the expiration of ninety days after the day of seizure or such longer period as may be prescribed with respect to any textile fibre product,

    unless before that time proceedings have been instituted in respect of the contravention, in which event the textile fibre product or other thing may be detained until the proceedings are finally concluded.

  • R.S., c. 46(1st Supp.), s. 10.

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations

    • (a) prescribing consumer textile articles for the purposes of this Act and prescribing any other matter or thing that by this Act is to be prescribed;

    • (b) exempting any textile fibre product or any portion thereof from the application of any provision of this Act or the regulations;

    • (c) exempting any type of transaction in relation to a prescribed consumer textile article from the prohibition contained in paragraph 3(a);

    • (d) requiring, authorizing or prohibiting the inclusion in a label of any information or representation in addition to the information required by section 6;

    • (e) requiring, authorizing or prohibiting the inclusion in any advertising of a consumer textile article of any representation in relation to the textile fibre content of the article;

    • (f) requiring or authorizing the statement on the container of a consumer textile article of any information or representation required or authorized to be shown in a label, in addition to or in place of the statement of that information or representation in a label;

    • (g) prescribing the form and manner in which any information or representation required or authorized to be shown in any label, on any container or in any advertisement shall be shown;

    • (h) prescribing any expressions, words, figures, depictions or symbols the use of which, in relation to a textile fibre product, shall be deemed, unless the contrary is proven, to constitute a false or misleading representation;

    • (i) prescribing generic names for textile fibres;

    • (j) prescribing how a textile fibre for which no generic name is prescribed pursuant to this Act shall be described for the purposes of this Act;

    • (k) requiring the disclosure to the Minister of information in respect of any textile fibre in order to enable a generic name to be prescribed for the textile fibre and prescribing the time and manner in which the disclosure shall be made;

    • (l) establishing tolerances in relation to the percentage by mass of textile fibres shown in labels or otherwise;

    • (m) respecting the duties and functions of analysts and the taking of samples of textile fibre products;

    • (n) respecting the detention of textile fibre products and other things seized pursuant to subsection 10(1);

    • (o) respecting the disposition of textile fibre products and other things forfeited under section 16; and

    • (p) generally, for carrying out the purposes and provisions of this Act.

  • Marginal note:Where statement on container deemed to be label

    (2) Where any information or representation is required or authorized by the regulations to be stated on the container of a consumer textile article in place of the statement of that information or representation in a label and is so stated, that statement on the container shall be deemed to be a label and to be applied to the article.

  • Marginal note:Where no generic name for textile fibre

    (3) Where a textile fibre comprising or contained in a consumer textile article is a textile fibre for which no generic name and description is set out in the regulations, a label applied to the article shall be deemed to show the generic name of the textile fibre if the textile fibre is described in the label in accordance with the regulations.

  • R.S., 1985, c. T-10, s. 11;
  • 1993, c. 34, s. 120.

Offence and Punishment

Marginal note:Contravention of sections 3 to 5
  •  (1) Every dealer who contravenes section 3, 4 or 5 is guilty of an offence and liable

    • (a) on summary conviction, to a fine not exceeding five thousand dollars; or

    • (b) on conviction on indictment, to a fine not exceeding ten thousand dollars.

  • Marginal note:Contravention of other provisions, or regulations

    (2) Every person who contravenes any provision of this Act, other than section 3, 4 or 5, or of the regulations is guilty of an offence and liable,

    • (a) on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both; or

    • (b) on conviction on indictment, to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding one year or to both.

  • R.S., c. 46(1st Supp.), s. 12.
 
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