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Guide to the Textile Labelling and Advertising Regulations

I. INTRODUCTION

This guide provides an outline to the basic labelling requirements for consumer textile articles subject to the Textile Labelling Act and the Textile Labelling and Advertising Regulations. The full text of the Act and Regulations should be consulted for a more detailed understanding of these provisions.

Electronic copies of the Textile Labelling Act and Textile Labelling and Advertising Regulations are available at: http://canada.justice.gc .ca/loireg/index_en.html. Printed copies of the Act and Regulations may be obtained for a fee from Canada Government Publishing (PWGSC):

Telephone: (819) 956-4802
1-800-635-7943
Facsimile: (819) 994-1498
Web site: http://publications.pwgsc.gc.ca

II. OBJECTIVES OF THE TEXTILE LABELLING ACT & THE TEXTILE LABELLING AND ADVERTISING REGULATIONS

to protect consumers against misrepresentation in the labelling and advertising of textile fibre products;
to enable consumers to choose textiles on the basis of fibre content.

III. PROHIBITIONS

Sections 3, 4 and 5 Act

The Textile Labelling Act prohibits:

a dealer from selling, importing into Canada or advertising prescribed consumer textile articles unless they are labelled with fibre content and dealer identification in accordance with the Act and Regulations;
a dealer from making, in an advertisement, any representation with respect to the fibre content of the article unless it is in accordance with the Regulations;
a dealer from making any false or misleading representations relating to textile fibre products, by means of a label, advertisement or otherwise.

The misleading advertising and deceptive marketing practices sections of the Competition Act may also apply. Generally speaking these provisions prohibit making a materially false or misleading representation for the purpose of promoting a product or business interest.

IV. DEFINITIONS

1. Dealer

Section 2 Act

The "dealer" is the person who is a manufacturer, processor, finisher or retailer of a textile fibre product, or a person who is engaged in the business of importing or selling any textile fibre product.

It is the responsibility of the dealer to ensure that all information provided on labels and in advertisements is accurate.

2. Consumer Textile Article

Section 2 Act

The term "consumer textile article" means any textile fibre, yarn or fabric, or any product made in whole or in part from a textile fibre, yarn or fabric that is in the form in which it is to be sold to any person for consumption or use. This term does not include textile fibre products which are to be used in the manufacturing, processing or finishing of any product for sale.

3. Textile Fibre Product

Section 2 Act

The term "textile fibre product" means any consumer textile article and any textile fibre, yarn or fabric used or to be used in a consumer textile article.

4. Label

Section 2 Act
Section 3 Regulations

A "label" is any label, mark, sign, device, imprint, stamp, brand or ticket.

Labels containing information relating to fibre content fall into two classifications: representation labels and disclosure labels.

A representation label is a label containing any information with respect to the textile fibre content of the article to which it is applied and may contain other information not required by the Regulations.

A disclosure label is a representation label containing required information which is provided according to the provisions of the Act and Regulations for a consumer textile article.

Both required and non-required information may be shown on the same label.

V. ARTICLES TO BE LABELLED

Section 3 Act

All consumer textile articles identified in Schedule I of the Regulations and which are to be offered for sale in Canada must be labelled in accordance with the Act and Regulations.

VI. EXEMPTIONS

Section 6 Regulations

Articles listed in Schedule II (see Appendix E) and articles not included in Schedule I or III of the Regulations are exempt from the labelling requirements of the Act and Regulations. However, when exempted textile articles are labelled, these articles must be labelled in a manner which is neither false nor misleading, (ref. sec. 5 of Act).

Consumer textile articles which are made up for the following entities for their own use, or for use by or resale to their employees, students or members, are also exempt from labelling;