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]