6. 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;
(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.
7. 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.
8. (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.
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