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

Short Title

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

Interpretation

2 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)

PART ILabelling

Labelling Requirements

3 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.

4 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.

• 5 (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.

  • (d) [Repealed, SOR/2018-253, s. 1]

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;

• (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.

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.

• 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.

9 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.

9.1 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.

10 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.

Information To Be Shown in Label

• 11 (1) Every representation label that is required to meet the requirements for a disclosure label shall show

  • (a) the textile fibre content of the article in the manner prescribed in Part III;

  • (b) subject to subsections (2) and 12(1), the name and postal address of the dealer; and

  • (c) where there is a representation that the article or any fabric or fibre therein is imported, the name of the country of origin, unless the representation is made in another label applied to the article and the name of the country of origin is shown in that other label.

• (2) Paragraph (1)(b) does not apply where a consumer textile article is a remnant and

  • (a) the name of the dealer who manufactured the fabric of which the article is a remnant is not known; or

  • (b) the article is sold or displayed for sale with other remnants in a manner described in section 18 and not all the remnants sold or displayed in such manner are remnants or fabric manufactured by the same dealer.

• (3) The information required by paragraph (1)(a) shall be shown in the label in both the English and French languages.

• (4) Subsection (3) does not apply where the consumer textile article is or is to be sold to the public in an area where only one of the official languages is in use continuously by the public for the purpose of making consumer purchases and the information required by paragraph (1)(a) is shown in that official language.

• (5) For the purpose of subsection (4), area means

  • (a) the geographical area from which the store, shop or other trade outlet, in or by which a product is or is to be sold to the public, draws most of its customers; or

  • (b) where the product is or is to be sold by mail order, the geographical area in which reside or are located all the persons who have, as part of their postal addresses, the name of the same city, town or place as has the consumer to whom the product is or is to be sold.

11.1 [Revoked, SOR/94-247, s. 7]

• 12 (1) A dealer who resides in Canada may apply to the Commissioner for an identification number for use on the label of a consumer textile article in place of the dealer’s name and postal address if the dealer

  • (a) manufactures or has manufactured on his or her behalf, processes, finishes or sells at retail consumer textile articles in Canada;

  • (b) imports consumer textile articles into Canada; or

  • (c) owns and distributes consumer textile articles in Canada.

• (2) An application for an identification number shall

  • (a) be in writing;

  • (b) set out

    • (i) the name under which the dealer carries on business in Canada,

    • (ii) the name of an official, employed by the dealer and residing in Canada, who is authorized by the dealer to make the application,

    • (iii) the address and telephone number of the dealer’s place of business in Canada, or of the dealer’s head office where that office is in Canada, and

    • (iv) the dealer’s postal address in Canada, where the address set out under subparagraph (iii) is not appropriate for postal delivery; and

  • (c) be accompanied by a fee of $100.

• (3) The Commissioner shall assign an identification number to a dealer if the dealer meets the requirements set out in subsections (1) and (2).

• (4) A dealer may use the identification number on the label of a consumer textile article in place of the dealer’s name and postal address if the information required by paragraph (2)(b) is up-to-date.

• (5) If a dealer transfers the identification number to a subsequent dealer, the subsequent dealer may use the identification number in place of the subsequent dealer’s name and postal address if

  • a) the subsequent dealer meets the requirements set out in subsection (1); and

  • b) the information required by paragraph 2(b) is up-to-date.

• (6) to (9) [Repealed, SOR/2018-253, s. 2]

Manner in Which Information is To Be Shown in Label

• 13 (1) The information that is required by paragraph 11(1)(a) and subsection 11(3) to be shown in a representation label shall be

  • (a) clearly and prominently shown;

  • (b) easily legible;

  • (c) in type of equal size and prominence; and

  • (d) subject to section 40, set apart from any graphic material in the label not required to be shown therein by these Regulations.

• (2) The information that is required by paragraphs 11(1)(b) and (c) to be shown in a representation label shall be

  • (a) clearly and prominently shown;

  • (b) easily legible; and

  • (c) set apart from any graphic material in the label not required to be shown therein by these Regulations.

• 14 (1) The information required by section 11 to be shown in a representation label that is applied to a consumer textile article, other than the information referred to in paragraph 11(1)(c), shall be shown

  • (a) together in one place thereon, where it is imprinted on the consumer textile article itself; and

  • (b) subject to subsections (2), (3) and (4), in one label and on one side thereof, where it is shown on any material other than the consumer textile article.

• (2) Where the label referred to in subsection (1) is attached at one end to the consumer textile article so that both sides of the label are readily accessible, part of the information required by section 11 may be shown on one side and the remainder on the other.

• (3) Where two representation labels are applied to any consumer textile article included in Schedule III,

  • (a) the information required by paragraph 11(1)(a) may be shown in English on one label and in French on the other label, and the information required by paragraph 11(1)(b) may be shown on either of the two labels; or

  • (b) where the two labels are contiguous, any part of the information required by section 11 may be shown on one label and the remainder on the other label.

• (4) Where two representation labels are applied to any article included in Schedule I and not included in Schedule III, part of the information required by section 11 may be shown on one label and the remainder on the other if the two labels are contiguous.

Form of Label and Manner of Application

• 15 (1) Subject to subsection (2), a disclosure label shall be applied to a consumer textile article in such manner that the article will bear the label at the time that it is sold to the consumer.

• (2) The disclosure label applied to a consumer textile article included in Schedule I and not included in Schedule III shall be of such material and applied in such a manner that it can be reasonably expected to withstand and be legible throughout 10 cleanings of the article.

16 A disclosure label shall be applied

• (a) to the consumer textile article itself; or

• (b) in a manner permitted by section 17, 18, 19 or 20 or subsection 21(2) where the consumer textile article is one to which such application is permitted to be made; and

• (c) in a place readily accessible to a prospective purchaser.

17 Where a consumer textile article is sold in a pair or set and the textile fibre content of each article in the pair or set

• (a) is the same, a disclosure label applied to one article in the pair or set, or

• (b) is not the same, a disclosure label applied to one article in the pair or set showing the textile fibre content of each article separately

shall be, for the purpose of the Act and these Regulations, a disclosure label applied to each article in the pair or set.

18 Where the consumer textile article is a remnant that

• (a) is sold, together with other remnants having the same textile fibre content, in a bundle, bale or package to which there is applied a label showing in the prescribed manner, in respect of all the remnants in the bundle, bale or package, the information that is required by section 11 to be shown, or

• (b) is displayed for sale together with other remnants having the same fibre content and a sign that surmounts or is in immediate proximity to such remnants shows, in the prescribed manner, in respect of all such remnants, the information that is required by section 11 to be shown,

such label or sign shall be, for the purpose of the Act and these Regulations, a disclosure label applied to such consumer textile article.

• 19 (1) Subject to subsections (2) and (3), where the consumer textile article is piece goods, other than piece goods that are offered for sale in a fixed or pre-cut length, and

  • (a) the information required by section 11 is shown, in the prescribed manner, by being woven into or imprinted on the selvage at intervals not exceeding one metre,

  • (b) a label showing in the prescribed manner the information that is required by section 11 to be shown is affixed to the end of the bolt core or to the spool on which the article is displayed for sale, in such manner that the information on the label is clearly visible to the prospective purchaser, or

  • (c) if the article is a narrow fabric, there is a sign surmounting or in the immediate vicinity of such article showing in the prescribed manner the information required by section 11,

  • (d) [Revoked, SOR/87-247, s. 8]

  such selvage, label or sign shall be, for the purposes of the Act and these Regulations, a disclosure label applied to such consumer textile article.

• (2) Where the consumer textile article is piece goods, other than piece goods that are offered for sale in a fixed or pre-cut length, and the information required by paragraph 11(1)(b) is shown in the prescribed manner on the bill of sale given to the consumer with the article, the bill of sale shall, for the purposes of the Act and these Regulations, meet the requirement of that paragraph.

• (3) Where the consumer textile article is batts, padding or rope that are to be sold to the public by the metre or other measurement and the information required by section 11 is shown in the prescribed manner

  • (a) in a label that is affixed to the end of the bolt core or to the spool on which the article is displayed for sale in such manner that the information on the label is clearly visible to the prospective purchaser, or

  • (b) on a sign surmounting or in the immediate vicinity of the article,

  the label or sign shall be, for the purposes of the Act and these Regulations, a disclosure label applied to such consumer textile article.

20 Where the consumer textile article is embroidery thread, crochet thread or tapestry yarn and the information required by section 11 is shown in the manner prescribed by these Regulations,

• (a) when the article is offered for sale to the public, in a label that is affixed to the case or stand in or on which the article is displayed or on a sign surmounting or in the immediate vicinity of such article, or

• (b) when the article is sold by one dealer to another dealer, on the container in which the article is delivered to the purchasing dealer or in a label, bill of sale or other paper that is delivered to him with the article,

the label, sign, bill of sale or other paper shall be, for the purposes of the Act and these Regulations, a disclosure label applied to such consumer textile article.

• 21 (1) Where a consumer textile article is sold to the consumer in a wrapper, package or container, the information that is required by section 11 to be shown in a label shall be shown on such wrapper, package or container and in the prescribed manner unless the disclosure label is applied and the article wrapped, packaged or contained in such a manner that the information in the label is clearly visible to the prospective purchaser when the article is in the wrapper, package or container.

• (2) Where the information required by section 11 is shown on a wrapper, package or container pursuant to subsection (1) and the consumer textile article is

  • (a) included in Schedule III, or

  • (b) enclosed in the wrapper, package or container only as a premium and the main product being sold therein is not a textile fibre product,

  the wrapper, package or container shall be, for the purposes of the Act and these Regulations, a disclosure label applied to such consumer textile article.

PART IIAdvertising

Advertising Requirements

22 Any representation as to the textile fibre content of a consumer textile article by a dealer in advertising the article shall be made in accordance with sections 23 and 24 unless

• (a) the consumer textile article is included in Schedule II or is not prescribed;

• (b) the advertisement appears in a newspaper, magazine or other periodical that is published for and distributed to dealers; or

• (c) the advertising is done by means other than written words, depiction, television or radio.

23 A representation that is subject to the requirement in section 22 shall show

• (a) the textile fibre content of the consumer textile article in the manner prescribed in Part III except that the amount in which each textile fibre is present in the article is not required to be shown, but where any representation as to any such amount is made, the amount shall be shown in the manner prescribed in the said Part; and

• (b) where there is a representation that the article or any fabric or fibre therein is imported, the name of the country of origin.

24 The information that is required by section 23 to be shown in an advertisement shall be shown together and in type of equal size and prominence.

PART IIITextile Fibre

Manner in Which Textile Fibre Content is To Be Shown

25 In this Part,

backing

backing means the structural base to which the pile, face or outer surface is woven, tufted, hooked, knitted, laminated, coated, impregnated, flocked or otherwise attached in a fabric or floor covering; (support)

commercial down

commercial down means plumage that conforms to the following composition requirements:

• (a) down and plumules 75% minimum

• (b) waterfowl feathers not more than 60 mm in length 25% maximum

• (c) waterfowl feather fibre and down fibre  20% maximum

• (d) residue (including landfowl feather and landfowl feather fibre) 5% maximum

where the components referred to in paragraphs (b) to (d) do not exceed 25% of the plumage; (duvet commercial)

commercial landfowl feather

commercial landfowl feather means plumage that conforms to the following composition requirements:

• (a) feathers, feather fibre, down and down fibre  95% minimum

• (b) residue 5% maximum; (plumes commerciales d’oiseaux terrestres)

commercial waterfowl feather

commercial waterfowl feather means plumage that conforms to the following composition requirements:

• (a) waterfowl feathers, waterfowl feather fibre, down and down fibre 95% minimum

• (b) residue (including landfowl feather and landfowl feather fibre) 5% maximum; (plumes commerciales d’oiseaux aquatiques)

constituent part

constituent part means

• (a) any of the following parts of a consumer textile article:

  • (i) a section or backing described in section 34 or 35, or

  • (ii) a lining, interlining, padding or filling described in section 37 or 38 or any trimming or findings; or

• (b) a consumer textile article exclusive of any part described in subparagraph (a)(ii) that is contained in the article; (partie constituante)

down fibre

down fibre means detached barbs from down and plumules or from the basal end of a feather quill shaft that are indistinguishable from the barbs of down; (fibre de duvet)

elastic yarn

elastic yarn means any textile yarn that is comprised of an elastomer that may be covered with another yarn; (fil élastique)

feather fibre

feather fibre means feather barbs that have been completely separated from the quill shaft and any aftershaft and that are not joined or attached to each other; (fibre de plume)

findings

findings means any textile fibre products that

• (a) have been added to a consumer textile article for a functional purpose other than filling, stuffing or providing warmth, whether or not they also serve a decorative purpose;

• (b) differ in textile fibre content from the article to which they have been added; and

• (c) do not constitute a part of the outer surface of the article to which they have been added unless they are incorporated at or along an edge thereof,

and without limiting the generality of the foregoing, includes

• (d) belting, binding, tape, stiffening, facing, interfacing, thread, buttons, slide fasteners, hook and loop pile fasteners, garters, gussets, leg, neck and wrist bands, waist bands, plackets and concealed pockets;

• (e) any lining (other than a laminated or bonded lining), interlining or padding incorporated primarily for structural purposes and not for warmth;

• (f) any padding affixed to the underside of floor coverings;

• (g) elastic material inserted in or added to the consumer textile article, including elastic waist bands, elastic leg bands, elastic wrist bands and elastic smocking, and

• (h) elastic yarns used in a limited area in socks for the purpose of holding; (accessoires)

landfowl plumage

landfowl plumage means the plumage of chickens, turkeys or other landfowl; (plumage d’oiseaux terrestres)

ornamentation

ornamentation means any textile fibre, yarn or combination thereof, excluding fabric, that

• (a) is present in a textile fibre product as an integral part thereof for a decorative purpose,

• (b) is or is made from a textile fibre or fibres other than the textile fibre or fibres from which the remainder of the product is made, and

• (c) imparts a visibly discernable overall pattern or design to the product or a constituent part thereof; (ornement)

plumage

plumage means the outer covering of birds; (plumage)

plumule

plumule means waterfowl plumage with underdeveloped soft and flaccid quill and with barbs indistinguishable from those of down; (plumule)

reinforcement yarn

reinforcement yarn means any textile yarn that is present as an integral part of a complex yarn that is comprised of two or more distinct yarns, either as a core or as a wrap for the purpose of increasing the strength of the yarn or for binding the yarn; (fil de renforcement)

residue

residue means quill pith, feather fragments, trash and foreign matter; (résidu)

trimming

trimming means

• (a) any textile fibre product that has been added to a consumer textile article for a decorative purpose and that differs in textile fibre content from the article to which it has been added, including embroidery, appliqué, braid, lace, ribbon, smocking threads, patch pockets, ruffles, piping, belts, rick rack, collars and cuffs, or

• (b) decorative patterns or designs that are an integral part of the article but do not create an all-over design; (garniture)

waterfowl plumage

waterfowl plumage means the plumage of ducks, geese, swans or other waterfowl. (plumage d’oiseaux aquatiques)

Generic Names for Textile Fibres

• 26 (1) The generic name for

  • (a) a textile fibre that is obtained from

    • (i) sheep or lambs is wool,

    • (ii) Angora goats is wool, mohair, mohair wool or Angora goat hair,

    • (iii) Kashmir goats is wool, Cashmere, Kashmir wool or Kashmir goat hair,

    • (iv) alpacas, vicunas, camels or llamas is wool, “(name of the animal)”, “(name of the animal) wool”, or “(name of the animal) hair”;

  • (b) the hair or fur removed from the skin of an animal other than an animal referred to in paragraph (a) is “(name of the animal) hair”, “(name of the animal) fibre” or fur fibre;

  • (c) the undercoating of waterfowl, including goose, duck or swan, consisting of light fluffy filaments (barbs) growing from a quill point but without a quill shaft is down;

  • (d) the individual external horny structure that forms the body covering of birds and consists of a quill point, quill shaft and vanes, with or without an aftershaft, is feather; and

  • (e) a natural textile fibre other than those described in paragraphs (a) to (d) is the name by which it is commonly known in Canada.

• (2) The generic name for a textile fibre that is made from

  • (a) cellulose acetate in which less than 92 per cent but not less than 74 per cent by mass of the hydroxyl groups are acetylated is acetate;

  • (b) cellulose acetate in which 92 per cent or more by mass of the hydroxyl groups are acetylated is triacetate;

  • (c) regenerated or precipitated cellulose is rayon, but where that fibre has been made

    • (i) by the cuprammonium process, cupro, cupro rayon, cuprammonium or cuprammonium rayon may be used as its generic name,

    • (ii) by the viscose process, viscose or viscose rayon may be used as its generic name,

    • (iii) by a modified viscose process so that it has a high wet modulus, modal or modal rayon may be used as its generic name, and

    • (iv) by a solvent extrusion process, where no chemical intermediates are formed, lyocell or lyocell rayon may be used as its generic name;

  • (d) glass is glass;

  • (e) metal, plastic-coated metal or a plastic or other core covered with metal is metallic;

  • (f) a regenerated protein is azlon, but protein may be used as the generic name for such fibre;

  • (g) a long chain synthetic polymer that is composed of 85 per cent or more by mass of acrylonitrile units is acrylic;

  • (h) a long chain synthetic polymer, other than a co-polymer described in paragraph (q), that is composed of less than 85 per cent but not less than 35 per cent by mass of acrylonitrile units is modacrylic;

  • (i) a long chain synthetic polymer that is composed of 50 per cent or more by mass of one or more esters of monohydric alcohol and acrylic acid is anidex;

  • (j) a long chain synthetic polymer composed of more than 50 per cent by mass of vinyl chloride units, vinylidene chloride units or other chlorine-containing units or chemical combinations of those units, other than modacrylic as defined in paragraph (h), is chlorofibre but where such polymer is composed of

    • (i) at least 80 per cent by mass of vinylidene chloride units, saran, or

    • (ii) at least 85 per cent by mass of vinyl chloride units, polyvinyl chloride or vinyon

  may be used as the generic name for such fibre;

  • (k) [Revoked, SOR/79-389, s. 1]

  • (l) a long chain synthetic polyamide that has recurring amide groups as an integral part of the main polymer chain in which at least 85 per cent by mass of the amide linkages are attached to aliphatic or cycloaliphatic groups, is nylon, but polyamide may be used as the generic name for such fibre;

  • (m) a long chain synthetic aromatic polyamide in which at least 85 per cent by mass of the amide linkages are attached directly to two aromatic rings and in which imide groups may be substituted for up to 50 per cent of the amide groups, is aramid;

  • (n) a long chain synthetic polymer

    • (i) that is composed of 85 per cent or more by mass of vinylidene dinitrile units, and

    • (ii) in which the vinylidene dinitrile units constitute at least every other unit in the polymer chain,

    is nytril;

  • (o) a long chain synthetic polymer that is composed of at least 85 per cent by mass of olefin units is olefin or polyolefin but

    • (i) where the olefin units are ethylene units, polyethylene may be used as the generic name for such fibre,

    • (ii) where the olefin units are propylene units, polypropylene may be used as the generic name for such fibre, and

    • (iii) where the olefin units are cross-linked synthetic polymers with low but significant crystallinity, composed of at least 95 per cent by mass of ethylene and at least one other olefin unit and the fibre is substantially elastic and heat resistant, lastol may be used as the generic name for the fibre;

  • (p) a long chain synthetic polymer that is composed of 85 per cent or more by mass of an ester of a dihydric alcohol or a diol and terephthalic acid is polyester;

  • (q) a natural or synthetic rubber is rubber but, where the fibre is made from a co-polymer composed of a diene and of not more than 50 per cent but not less than 10 per cent by mass of acrylonitrile units, lastrile may be used as the generic name for that fibre;

  • (r) a long chain synthetic polymer composed of chains with the recurring urethane linkage -O-CO-NH- is polyurethane but, where such polymer is composed of at least 85 per cent by mass of a segmented polyurethane, spandex or elastane may be used as the generic name for that fibre;

  • (s) a long chain synthetic polymer that is composed of

    • (i) 50 per cent or more by mass of vinyl alcohol units, and

    • (ii) 85 per cent or more by mass of vinyl alcohol and acetal units,

    is vinal, but vinylal may be used as the generic name for such fibre;

  • (t) linear macromolecules that are made from fluorocarbon aliphatic monomers is fluorofibre;

  • (u) a manufactured fibre in which the fibre-forming substance is a long chain aromatic polymer having recurring imidazole groups as an integral part of the polymer chain is PBI; and

  • (v) a manufactured fibre in which the fibre-forming substance is composed of at least 85 per cent by mass of lactic acid ester units derived from naturally occurring sugars is PLA or polylactic acid.

• (3) Where a manufactured textile fibre is essentially made of two or more distinct constituents, physically combined or mixed at or prior to extrusion, which if separately extruded would each form a textile fibre referred to in subsection (2), the generic name that is required by subparagraph 6(b)(i) of the Act to be shown on a label shall be identified by the applicable generic name as set out in subsection (2) or shown in the following manner, namely, the term biconstituent in the case of two constituents or multiconstituent in the case of more than two constituents shall be immediately followed by brackets containing each constituent, identified by the applicable generic name as set out in subsection (2), preceded by the percentage by mass that the constituent represents in relation to the total mass of the textile fibre, listed in order of predominance by mass and separated from the other constituents by a hyphen.

• (4) Where a textile fibre is made by chemically bonding a grafted component to a base component (the main chain), the generic name that is required by subparagraph 6(b)(i) of the Act to be shown on a label shall be the applicable generic name set out in subsection (1) or (2), or a combination of the applicable generic names set out in subsections (1) and (2), or shall be the following: the term grafted followed by brackets containing, first, the generic name of the grafted component set out in subsection (1) or (2) and, second, the generic name of the base component set out in subsection (1) or (2), and each component shall be preceded by the percentage by mass that the component represents in relation to the total mass of the textile fibre and separated from the other component by a hyphen.

• (5) and (6) [Repealed, SOR/89-212, s. 1]

Textile Fibre for Which no Generic Name has been Prescribed

• 27 (1) Where a consumer textile article to which section 3 of the Act or section 22 of these Regulations applies or will apply contains or is to contain a textile fibre

  • (a) that is required by these Regulations to be shown by its generic name, and

  • (b) for which no generic name has been prescribed,

  application to the Minister in the manner prescribed in subsection (2) for a generic name to be prescribed for such textile fibre may be made

  • (c) by a dealer who intends to sell, import into Canada or advertise the article; or

  • (d) by a dealer who manufactures or supplies the textile fibre product

    • (i) that is or contains a textile fibre described in paragraphs (a) and (b), and

    • (ii) from which the consumer textile article is or is to be made.

• (2) An application made pursuant to this section shall

  • (a) be in writing;

  • (b) set forth

    • (i) a request that a generic name be prescribed for the textile fibre,

    • (ii) the composition of the textile fibre, including any fibre-forming substances and the respective percentages thereof,

    • (iii) the reason or reasons why, in the applicant’s opinion, a generic name already prescribed should not be used in respect of the textile fibre, and

    • (iv) a suggested generic name and a description of the textile fibre; and

  • (c) be accompanied by a sample of the textile fibre  for which a generic name is requested.

• (3) The Minister may require the applicant to disclose such technical or other information, including test methods, as he deems necessary in respect of any application under this section.

• (4) If, within 60 days of the receipt by the Minister of an application under this section, a generic name is not prescribed for the textile fibre, the Minister shall

  • (a) give notice to the applicant that a generic name already prescribed is the appropriate generic name for the textile fibre; or

  • (b) provide a numerical or alphabetical symbol for use in place of a generic name for the textile fibre, which symbol shall be so used until

    • (i) a generic name is prescribed for such fibre, or

    • (ii) it is determined that a generic name already prescribed is the appropriate generic name for the fibre and notice of such determination is given to the applicant.

Amount of a Textile Fibre

28 The amount in which any textile fibre is present in a textile fibre product or a part thereof shall be determined in accordance with the appropriate test published by the Canadian General Standards Board or any predecessor thereof, the American Society for Testing and Materials, the American Association of Textile Chemists and Colorists, the British Standards Institution, the Textile Institute or the International Organization for Standardization.

• 29 (1) For the purpose of section 31, the amount in which a textile fibre is present in a consumer textile article or a constituent part thereof shall be expressed, subject to subsections (2) and (3), as a percentage by mass of the total fibre mass of the consumer textile article or constituent part thereof respectively.

• (2) Where one textile fibre

  • (a) constitutes the textile fibre content of a consumer textile article or a constituent part thereof, or

  • (b) constitutes the textile fibre content of a consumer textile article or a constituent part, exclusive of any ornamentation, elastic yarn or reinforcement yarn that comprises less than five per cent by mass of the article or constituent part, if the textile fibre content of the article or constituent part is shown in the manner set out in paragraph 31(d),

  the word “all” or “pure” may be used in place of words or figures indicating 100 per cent.

• (3) Words or figures indicating 100 per cent or the words “all”, or “pure” may not be used where down or feather is the only textile fibre that constitutes the textile fibre content of a consumer textile article or a constituent part thereof unless the down or feather complies with the description of down or feather in paragraph 26(1)(c) or (d) respectively.

• 30 (1) A percentage by mass shown in a label or any advertisement for any of the following fibres shall not exceed or fall short of the actual percentage by mass of the fibre or any constituent or component of the fibre by more than five per cent:

  • (a) a textile fibre;

  • (b) a constituent of a biconstituent or multiconstituent fibre; or

  • (c) a component of a grafted textile fibre.

• (2) The tolerance established by subsection (1) in respect of a textile fibre does not apply

  • (a) where only one textile fibre constitutes the textile fibre content of a textile fibre product or a part thereof; or

  • (b) where the textile fibre content is a blend of two or more of commercial down, commercial landfowl feather or commercial waterfowl feather.

Textile Fibre Content

31 The textile fibre content of a consumer textile article or constituent part shall be shown in the following manner:

• (a) subject to section 32, each textile fibre that is present in the article or constituent part in an amount of five per cent or more by mass shall be shown

  • (i) by its generic name,

  • (ii) subject to section 31.1, in order of predominance by mass, and

  • (iii) subject to paragraph (d), section 31.01 and subsection 34(2), with the amount in which it is present preceding or immediately following the generic name of the fibre;

• (b) subject to paragraphs (c) and (d), each textile fibre that is present in the article or constituent part in an amount less than five per cent by mass shall be shown

  • (i) in the following manner, namely,

    • (A) as “other fibre”,

    • (B) immediately after the fibre or fibres shown in accordance with paragraph (a), and

    • (C) subject to subsection 34(2), with the amount in which it is present immediately preceding or following the words “other fibre”, or

  • (ii) as prescribed in paragraph (a);

• (c) where there is more than one textile fibre present in the article or constituent part in an amount less than five per cent by mass, all such fibres that are not shown in a manner described in paragraph (a) shall be shown in the aggregate as “other fibres”

  • (i) immediately after the fibre or fibres shown in accordance with paragraph (a), and

  • (ii) subject to section 31.01 and subsection 34(2), with the aggregate amount immediately preceding or following the words “other fibres”; and

• (d) where the article or constituent part contains, as an integral part, ornamentation, an elastic yarn or a reinforcement yarn that comprises less than five per cent by mass of the article or constituent part, the textile fibre content of the article or constituent part may be shown exclusive of ornamentation, elastic yarn or reinforcement yarn if

  • (i) the percentage by mass of each textile fibre present in the article or constituent part that is not part of the ornamentation, elastic yarn or reinforcement yarn is increased proportionately so that the total percentage of all such fibres equals 100 per cent, and

  • (ii) the words “exclusive of ornamentation”, “exclusive of elastic” or “exclusive of reinforcement”, as the case may be, are shown immediately after the percentage of fibres referred to in subparagraph (i).

• (e) [Revoked, SOR/91-477, s. 3]

31.01 Where the textile fibre content of a consumer textile article or a constituent part is known and the percentage of each fibre is practicably undeterminable because the article or constituent part is made in whole or in part from miscellaneous or mixed fibres, yarns or fabrics, subparagraph 31(a)(iii), clause 31(b)(i)(C) and subparagraph 31(c)(ii) do not apply with respect to the undeterminable percentages if the following are shown:

• (a) the presence of miscellaneous or mixed fibres, yarns or fabrics;

• (b) the aggregate amount in which such fibres, yarns or fabrics are present in the article or constituent part; and

• (c) the generic name of each textile fibre that is present in the article or constituent part in an amount of five per cent or more by mass, in descending order of predominance.

31.1 Where a consumer textile article is included in Schedule III and the disclosure label consists of a pre-printed list of generic names of textile fibres in alphabetical order with blank spaces left for the insertion of the percentages by mass of the total fibre mass of the article, the percentages, once inserted, do not have to be in order of predominance by mass and subparagraph 31(a)(ii) does not apply;

32 Where the textile fibre content of a consumer textile article or a constituent part is in whole or in part unknown or practicably undeterminable, paragraph 31(a) does not apply with respect to the unknown or undeterminable fibres present in the article or constituent part if the following are shown:

• (a) the presence of unknown, undetermined, miscellaneous or mixed fibres; and

• (b) the aggregate amount in which such fibres are present in the article or constituent part.

33 Where a textile fibre that is required by these Regulations to be shown by its generic name is a reclaimed fibre, the word “reclaimed”, “reprocessed” or “reused” shall be shown immediately preceding the generic name of the fibre.

Sections

• 34 (1) Where a consumer textile article or a constituent part thereof described in paragraph 37(a) or (b) is made up of two or more sections, other than findings, that differ in textile fibre content, the textile fibre content of the article or constituent part shall be shown in the following manner:

  • (a) each section shall be named or described separately; and

  • (b) the textile fibre content of each section shall be shown separately and immediately following the name or description of the section.

• (2) Where a consumer textile article is a foundation garment and two or more of the sections of which the garment is made up differ in textile fibre content and contain rubber, spandex, anidex or other elastomer, the percentage by mass of each fibre present in such elastic sections is not required to be shown.

Pile, Coated and Impregnated Fabrics

• 35 (1) Subject to subsection (2), where a consumer textile article or constituent part thereof is, or is made of, a pile fabric that has a backing that differs in textile fibre content from the pile attached to it, the textile fibre content of the article or constituent part shall be shown in the following manner:

  • (a) as set out in section 31; or

  • (b) the textile fibre content of the pile attached to the backing shall be shown first, followed immediately by the textile fibre content of the backing, with a clear indication that, in the latter case, it is the textile fibre content of the backing that is being shown.

• (2) The textile fibre content of a consumer textile article that is a floor covering with a backing that differs in textile fibre content from the remainder of the article shall be shown

  • (a) exclusive of the backing with a clear indication that the  textile fibre content of the pile, face or outer surface of the article is being shown exclusive of the backing; or

  • (b) with the textile fibre content of the pile, face or outer surface of the article shown first, followed immediately by the textile fibre content of the backing, with a clear indication that, in the latter case, it is the textile fibre content of the backing that is being shown.

• (3) Where a consumer textile article or constituent part thereof is, or is made of, a coated or impregnated fabric that has a backing that differs in textile fibre content from the coating or impregnating compound, the textile fibre content of the article or part shall be shown in the following manner:

  • (a) as set out in section 31; or

  • (b) the textile fibre content of the coating or impregnator shall be shown first, followed immediately by the textile fibre content of the backing, with a clear indication that, in the latter case, it is the textile fibre content of the backing that is being shown.

Trimmings

• 36 (1) Where a consumer textile article contains trimming in an amount greater than 15 per cent of the total outer surface area of the article, the textile fibre content

  • (a) of the article exclusive of such trimming and, where applicable, of any constituent part described in paragraph 37(a) or (b), or 38(1)(a) or (b) or any findings shall be shown; and

  • (b) of the trimming shall be shown

    • (i) separately from and in close proximity to the textile fibre content shown pursuant to paragraph (a), and

    • (ii) with a clear indication that it is the textile fibre content of the trimming that is being shown.

• (2) The textile fibre content of a consumer textile article that contains trimming in an amount 15 per cent or less of the total outer surface area of the article shall be shown

  • (a) exclusive of the trimming with a clear indication that the textile fibre content of the article is being shown exclusive of the trimming; or

  • (b) as prescribed in subsection (1).

Linings, Interlinings, Paddings and Fillings

37 Where a consumer textile article contains any of the following constituent parts:

• (a) a lining for warmth or a laminated or bonded lining, or

• (b) interlining, padding or filling for warmth

the textile fibre content of such constituent part shall be shown

• (c) separately from and following the disclosure of the textile fibre content

  • (i) of the article exclusive of such part, and

  • (ii) where applicable, of any trimming, and

• (d) with a clear indication that it is the textile fibre content of the constituent part that is being shown.

• 38 (1) Subject to subsection (2), where a consumer textile article contains a textile fibre product

  • (a) as a filling for a purpose other than warmth, or

  • (b) as stuffing,

  the textile fibre content of the filling or stuffing shall be shown

  • (c) separately from and following the disclosure of the textile fibre content of the outer covering of the article and, where applicable, of any trimming; and

  • (d) with a clear indication that it is the textile fibre content of the filling or stuffing that is being shown.

• (2) Where a consumer textile article that contains a textile fibre product described in paragraph (1)(a) or (b) is an article of upholstered furniture, a mattress, box spring, cushion, chair pad, pot holder, oven mitt, place mat or mattress protector, the textile fibre content of the filling or stuffing contained in the article is not required to be shown, but where any representation as to the textile fibre content is made, the textile fibre content of the filling or stuffing shall, subject to section 10, be shown in the manner prescribed in subsection (1).

Plumage

• 38.1 (1) Where a consumer textile article consists wholly of plumage or contains plumage as a constituent part thereof and the plumage or part thereof does not comply with the description of down in paragraph 26(1)(c), the plumage or part thereof may be shown as down if it meets the composition requirements set out for commercial down in section 25.

• (2) Where the plumage in a consumer textile article

  • (a) does not comply with the description of down in paragraph 26(1)(c) but meets the composition requirements set out for commercial down in section 25, and

  • (b) has no added feather or other textile fibre,

    the disclosure label shall bear the following statement:

    • “Note: 

      This product contains an amount of feathers not exceeding that allowable by law.”

• (3) Where a consumer textile article consists wholly of plumage or contains plumage as a constituent part and the plumage does not comply with the description of feather in paragraph 26(1)(d), the plumage shall be shown as landfowl feather, waterfowl feather or “(name of the bird) feather” if it meets the applicable composition requirements set out for commercial landfowl feather or commercial waterfowl feather in section 25.

Findings

39 Where a consumer textile article contains any findings, the textile fibre content

• (a) of the article shall be shown exclusive of the findings; and

• (b) of the findings may be shown if the findings are specified, and the textile fibre content is shown

  • (i) separately from and following all disclosures as to textile fibre content required by these Regulations to be made, and

  • (ii) with a clear indication that it is the textile fibre content of the findings that is being shown.

Trade Marks and Descriptive Terms

• 40 (1) Subject to subsections (2) to (4), where a textile fibre is required by these Regulations to be shown by its generic name, the following may be shown with the fibre content disclosure for that textile fibre:

  • (a) a trademark registered in Canada for that textile fibre or for the yarn or fabric containing that fibre; or

  • (b) a descriptive term that is true in respect of that textile fibre or of the yarn or fabric containing that fibre.

• (2) Where a trademark is registered for a textile fibre or for a yarn or fabric containing textile fibres of the same generic name, the trademark must be shown immediately preceding or immediately following the generic name of the textile fibre or fibres.

• (3) Where a trademark registered for a biconstituent, multiconstituent or grafted textile fibre, or a yarn or fabric, is associated with more than one generic name, the trademark must be shown immediately preceding or immediately following the textile fibre content disclosure.

• (4) The type in which a trademark or descriptive term is shown shall not be larger or more prominent than the type in which the generic name of a textile fibre is shown.

PART IVFalse or Misleading Representations

41 The use of the word

• (a) “all” or “pure” in conjunction with the name of a textile fibre to describe a consumer textile article, a constituent part thereof or any other textile fibre product that contains a textile fibre other than the textile fibre named, unless such use is permitted by subsection 29(2), or

• (b) “virgin” or “new” to describe a textile fibre that has been reclaimed,

• (c) and (d) [Revoked, SOR/94-247, s. 15]

shall be deemed, unless the contrary is proven, to constitute a false or misleading representation.

42 The use of the expression

• (a) “hand-knitted”, “hand-crafted” or “hand-framed” to describe a textile fibre product that has been, in whole or in part, knitted by a device or a machine that was not wholly manually or pedally operated,

• (b) “hand-spun”, “hand-woven” or “hand-crafted” to describe a textile fibre product that has been, in whole or in part, spun or woven by a device or machine that was not wholly manually or pedally operated, or

• (c) “hand-printed” or “hand-crafted” to describe a textile fibre product that has been printed by means other than manually-operated screens, stencils or blocks

shall be deemed, unless the contrary is proven, to constitute a false or misleading representation.

43 The use of the linear measurements of a textile fibre product that has been cut to make a consumer textile article as the dimensions of the finished article shall be deemed, unless the contrary is proven, to constitute a false or misleading representation.

• 44 (1) The use of any expression, word, depiction or symbol that signifies or connotes fur, hair or wool, or an animal that bears fur, hair or wool, to describe, or otherwise in relation to, any textile fibre product that is not made of or does not contain such fur, hair or wool without qualifying or explanatory words that make it clear that the product is not made of or does not contain such fur, hair or wool shall be deemed, unless the contrary is proven, to constitute a false or misleading representation.

• (2) Subsection (1) applies

  • (a) whether or not the textile fibre product or part thereof described in subsection (1) simulates fur, hair or wool; and

  • (b) only where the fur, hair or wool signified is a fur, hair or wool that is used in or in place of textile fibre products of the same class or kind as the textile fibre product in respect of which the expression, word, depiction or symbol is used.

45 The use of any expression, word, depiction or symbol that signifies or connotes a bird where the plumage referred to is not at least 90 per cent by weight from that bird shall be deemed, unless the contrary is proven, to constitute a false or misleading representation.

PART VThings Seized and Detained

46 Where an inspector detains textile fibre products or other things seized under section 10 of the Act, he may detain them in the building or place where they were seized or he may direct their removal to any other place he considers suitable.