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

Offence and Punishment

Marginal note:Contravention of sections 3 to 5

• 12 (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.

Marginal note:Offence by employee or agent or mandatary

• 13 (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

• Marginal note:Limitation period

  (2) Proceedings by way of summary conviction under this Act may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose.

• Marginal note:Venue

  (3) A complaint or an information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

Marginal note:Certificate of analyst

• 14 (1) Subject to this section, a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined an article or a product or substance and stating the result of the analysis or examination is, in any prosecution for an offence under this Act, evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note:Attendance of analyst

  (2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.

• Marginal note:Notice

  (3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of the intention together with a copy of the certificate.

Marginal note:Identification appearing in labels

• 15 (1) In any prosecution for an offence under this Act, evidence that a label applied to a textile fibre product bore identification purporting to identify the person by or for whom the product was manufactured or made is, in the absence of evidence to the contrary, proof that the person whose identification appeared in the label is the person by or for whom the product was manufactured and the person responsible for the information and representations in the label.

• Marginal note:Identification appearing on containers

  (2) In any prosecution for an offence under this Act in relation to a textile fibre product to which a label purporting to identify the person by or for whom the product was manufactured or made is not applied, evidence that a container of the product bore identification purporting to identify the person by or for whom the product was manufactured is, in the absence of evidence to the contrary, proof that the person whose identification appeared on the container is the person by or for whom the product was manufactured and the person responsible for the information and representations on the container.

Marginal note:Forfeiture

• 16 (1) Where a person has been convicted of an offence under this Act, any textile fibre product or any labelling, packaging or advertising material in relation to which or by means of which the offence was committed

  • (a) is, on that conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or

  • (b) may be restored by order of the court to the person from whom it was seized on such conditions relating to sale or advertising as are specified in the order and as, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.

• Marginal note:Protection of persons claiming interest

  (2) Sections 74 to 76 of the Fisheries Act apply, with such modifications as the circumstances require, to any textile fibre product or other thing forfeited under this section as though that textile fibre product or other thing were an article forfeited under subsection 72(1) of that Act.

Marginal note:Articles received or in transit before contravened regulation in force

• 17 (1) No person shall be convicted of an offence under this Act in relation to the sale, importation or advertising of a consumer textile article if the person establishes to the satisfaction of the court that the consumer textile article in relation to which the offence was committed was received by, or was in transit to, the person from a dealer before the coming into force of the regulation that created the requirement with which the person has failed to comply.

• Marginal note:Advertising before contravened regulation in force

  (2) No person shall be convicted of an offence under this Act in relation to the advertising of a consumer textile article if the person establishes to the satisfaction of the court that the advertisement

  • (a) was published, or

  • (b) was authorized in final form and dispatched for publication,

  before the coming into force of the regulation that created the requirement with which the person has failed to comply.