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

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).