Textile Labelling and Advertising Regulations (C.R.C., c. 1551)

Regulations are current to 2016-11-21 and last amended on 2010-03-25. Previous Versions

Textile Labelling and Advertising Regulations

C.R.C., c. 1551

TEXTILE LABELLING ACT

Regulations Made Pursuant to the Textile Labelling Act

Short Title

 These Regulations may be cited as the Textile Labelling and Advertising Regulations.

Interpretation

 In these Regulations,

Act

Act means the Textile Labelling Act; (Loi)

country of origin

country of origin means the country in which

  • (a) a textile fibre was grown or made, or

  • (b) any textile fibre product not included in paragraph (a) was substantially made; (pays d’origine)

narrow fabric

narrow fabric means a textile fibre product that is 30 centimetres or less in width and is ordinarily used as findings or trimming; (article de rubanerie)

prescribed

prescribed, in respect of a consumer textile article, means prescribed by section 4; (désigné)

reclaimed textile fibre

reclaimed textile fibre means a textile fibre obtained from a yarn, fabric, consumer textile article or plumage product. (fibre textile récupérée)

  • SOR/78-791, s. 1;
  • SOR/79-79, s. 1;
  • SOR/87-247, s. 1;
  • SOR/94-247, s. 1.

PART ILabelling

Labelling Requirements

 In this Part,

disclosure label

disclosure label means a representation label that complies with the Act and these Regulations as to its form and as to

  • (a) the information that it shows with respect to the consumer textile article to which it is applied, and

  • (b) the manner in which such information is shown,

and where the information required by section 11 is shown in two labels pursuant to subsection 14(3) or 14(4), means both labels;

representation label

representation label means a label that contains any representation as to the textile fibre content of the article to which it is applied.

 For the purposes of paragraph 3(a) of the Act and these Regulations, a prescribed consumer textile article is any consumer textile article included in Schedule I.

  • SOR/89-505, s. 1;
  • SOR/91-299, s. 1;
  • SOR/94-247, s. 2.
  •  (1) Every representation label that is applied to a consumer textile article that is sold, imported into Canada or advertised by a dealer shall meet the requirements for a disclosure label unless

    • (a) the article to which it is applied is exempted by these Regulations from the application of paragraph 3(b) of the Act; or

    • (b) it meets the requirements set out in subsection (2).

  • (2) A representation label that is applied to a consumer textile article that

    • (a) is sold, imported into Canada or advertised by a dealer, and

    • (b) has applied to it in the prescribed manner another representation label that is a disclosure label

    shall not contain any representation that

    • (c) detracts from, qualifies or contradicts any representation in the disclosure label; or

    • (d) contravenes section 5 of the Act.

  • SOR/89-505, s. 2.

 A consumer textile article is exempt from section 3 of the Act where that article is

  • (a) included in Schedule II or is not prescribed;

  • (b) sold or advertised by a dealer if the article was, prior to December 1, 1972, received by or in transit to him or any other dealer from the dealer who manufactured or made the article;

  • (c) sold

    • (i) to a dealer outside Canada, or

    • (ii) to or by a duty-free store in Canada;

  • (d) imported into Canada and labelled before resale in accordance with section 8;

  • (e) made up for or sold to one of the following entities:

    • (i) a commercial or industrial enterprise,

    • (ii) a federal, provincial or municipal department or agency,

    • (iii) a public utility,

    • (iv) an educational institution,

    • (v) a religious order or organization, or

    • (vi) a health care facility,

    for use by the entity or for use by or resale to its employees or students or, in the case of a religious order or organization, for use by or resale to members of the order or organization; or

  • (f) sold by the manufacturer to an employee.

  • SOR/91-299, s. 2;
  • SOR/94-247, s. 3.

 The prohibition set out in paragraph 3(a) of the Act does not apply to the sale of a prescribed consumer textile article where the article is made up for the use of an individual or, if the article is a floor covering, cut for the use of an individual if

  • (a) at the time that the order for the article is placed, the individual has the opportunity to examine the textile fibre product, or a sample or swatch thereof, from which the article is to be made up or cut and the textile fibre product, sample or swatch is labelled in accordance with the Act and these Regulations; and

  • (b) the information required to be shown on a label by the Act and these Regulations is shown on the bill of sale or on any other document delivered to the individual at the time the article is delivered to the individual.

  • SOR/89-505, s. 1;
  • SOR/91-299, s. 3.
  •  (1) A dealer may import into Canada a prescribed consumer textile article that does not have a disclosure label applied to it if

    • (a) he supplies to the inspector described in subsection (2),

      • (i) on or before the date on which entry is made, the following information:

        • (A) a statement that he has made or intends to make such an importation,

        • (B) the date and place or the proposed date and place of such importation,

        • (C) the nature and quantity of the article imported or to be imported, and

        • (D) the address of the premises where the article will be labelled in accordance with the Act and these Regulations, and

      • (ii) such sample of the product as the inspector may reasonably request; and

    • (b) prior to resale of the article,

      • (i) he applies in the prescribed manner a disclosure label to the article, and

      • (ii) he notifies the inspector described in subsection (3) that the article has been labelled in accordance with the Act and these Regulations and affords the inspector a reasonable opportunity to inspect the article so labelled.

  • (2) The inspector referred to in paragraph (1)(a) is the inspector located at the port of entry or, where there is no inspector located at that port, the inspector who is located nearest to such port.

  • (3) The inspector referred to in subparagraph (1)(b)(ii) is the inspector located at the place where the consumer textile article has been labelled or, where there is no inspector located at such place, the inspector who is located nearest thereto.

 A prescribed consumer textile article that is clearly identified by means of a label as a second-hand article is exempt from the application of section 3 of the Act.

  • SOR/89-505, s. 1;
  • SOR/94-247, s. 4.

 The prohibition in paragraph 3(a) of the Act does not apply to a sale by mail order of any consumer textile article that is piece goods (including narrow fabrics) if the information in respect of the article required by paragraphs 11(1)(a) and (c) is shown in the prescribed manner, at the time the article is ordered, in the mail order catalogue of the dealer who sells the article.

  • SOR/79-655, s. 1;
  • SOR/89-505, s. 1.

 A consumer textile article that contains filling, stuffing, padding or interlining for which the only representation label that is required is provided in accordance with the laws of a province is exempt from the application of paragraph 3(b) of the Act.

  • SOR/89-505, s. 2;
  • SOR/94-247, s. 5.
 
Date modified: