Law:Textile Labelling Act

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R.s.c., 1985, c. T-10

An Act respecting the labelling, sale, importation and advertising of consumer textile articles


Contents

Short Title

Short title

1. This Act may be cited as the Textile Labelling Act.

R.S., c. 46(1st. Supp.), s. 1.


Interpretation

Definitions

2. In this Act,

“advertise”

« publicité » ou « annonce »

“advertise” means make any representation to the public by any means whatever, except a representation on a label, for the purpose of promoting directly or indirectly the sale of a textile fibre product;

“analyst”

« analyste »

“analyst” means a person designated as an analyst by the Commissioner pursuant to section 7;

“apply”

Version anglaise seulement“apply” means, in respect of a label, to attach to, imprint on, include in or cause to accompany in any other way a textile fibre product;

“Commissioner”

« commissaire »

“Commissioner” means the Commissioner of Competition appointed under the Competition Act;

“consumer textile article”

« article textile de consommation »

“consumer textile article” means

(a) any textile fibre, yarn or fabric, or

(b) any product made in whole or in part from a textile fibre, yarn or fabric

that is in the form in which it is or is to be sold to any person for consumption or use, other than consumption or use in the manufacturing, processing or finishing of any product for sale;

“dealer”

« fournisseur »

“dealer” means a person who is a manufacturer, processor or finisher of a textile fibre product or a person who is engaged in the business of importing or selling any textile fibre product;

“fabric”

« tissu »

“fabric” means any material woven, knitted, crocheted, knotted, braided, felted, bonded, laminated or otherwise produced from, or in combination with, a textile fibre;

“inspector”

« inspecteur »

“inspector” means a person designated as an inspector pursuant to the Department of Industry Act for the purpose of the enforcement of this Act;

“label”

Version anglaise seulement“label” means any label, mark, sign, device, imprint, stamp, brand or ticket;

“Minister”

« ministre »

“Minister” means the Minister of Industry;

“prescribed”

Version anglaise seulement“prescribed” means prescribed by the regulations;

“sell”

« vendre »

“sell” includes

(a) offer for sale, expose for sale and have in possession for sale, and

(b) display in such manner as to lead to a reasonable belief that the product so displayed is intended for sale;

“textile fibre”

« fibre textile »

“textile fibre” means any natural or manufactured matter that is capable of being made into a yarn or fabric and, without limiting the generality of the foregoing, includes human hair, kapok, feathers and down and animal hair or fur that has been removed from an animal skin;

“textile fibre product”

« produit de fibres textiles »

“textile fibre product” means

(a) any consumer textile article, or

(b) any textile fibre, yarn or fabric used or to be used in a consumer textile article.

R.S., 1985, c. T-10, s. 2; 1992, c. 1, s. 145(F); 1995, c. 1, ss. 62, 63; 1999, c. 2, ss. 52, 53.


Prohibitions

Prohibition respecting consumer textile articles

3. No dealer shall sell, import into Canada or advertise

(a) a prescribed consumer textile article unless the article has applied to it a label containing a representation with respect to the textile fibre content of the article; or

(b) any consumer textile article that has applied to it a label containing a representation with respect to the textile fibre content of the article unless the label is applied to it in accordance with and complies with all applicable provisions of this Act.

R.S., c. 46(1st Supp.), s. 3.

Prohibition respecting advertising

4. No dealer shall, in advertising a consumer textile article, make any representation with respect to the textile fibre content of the article except in accordance with the regulations.

R.S., c. 46(1st Supp.), s. 4.

Representations relating to consumer textile articles

5. (1) No dealer shall apply to a consumer textile article a label, or sell, import into Canada or advertise a consumer textile article that has applied to it a label containing any false or misleading representation that relates to or may reasonably be regarded as relating to the article.

Representations relating to textile fibre products

(2) No dealer shall, by means of a label, advertising or otherwise, make any false or misleading representation that relates to or may reasonably be regarded as relating to a textile fibre product.

Definition of "false or misleading representation"

(3) For the purposes of this section, “false or misleading representation” includes

(a) any representation in which expressions, words, figures, depictions or symbols are arranged or shown in a manner that may reasonably be regarded as likely to deceive any person with respect to textile fibre content;

(b) any expression, word, figure, depiction or symbol that implies or may reasonably be regarded as implying that a textile fibre product contains any fibre, fur or hair not contained in the product; and

(c) any description of the type, quality, performance, origin or method of manufacture or production of a textile fibre product that may reasonably be regarded as likely to deceive any person with respect to the matter so described.

R.S., c. 46(1st Supp.), s. 5.


Labels

Label containing representation respecting textile fibre content

6. Each label containing a representation with respect to the textile fibre content of the consumer textile article to which it is applied shall

(a) be applied to the article in such form and manner as may be prescribed; and

(b) show, in such form and manner as may be prescribed,

(i) the generic name of each textile fibre comprising five per cent or more by mass of the total fibre mass of the article,

(ii) subject to the regulations, such percentage by mass of the total fibre mass of the article as each textile fibre named pursuant to subparagraph (i) comprises,

(iii) the identity of the person by or for whom the consumer textile article was manufactured or made, and

(iv) such other information and representations as may be required by the regulations to be included in the label.

R.S., 1985, c. T-10, s. 6; 1993, c. 34, s. 119.


Analysts

Designation of analysts by Commissioner

7. The Commissioner may designate as an analyst for the purposes of this Act any person who, in his opinion, is qualified to be so designated.

R.S., 1985, c. T-10, s. 7; 1999, c. 2, s. 53.


Enforcement

Powers of inspectors

8. (1) Subject to subsection (1.1), an inspector may at any reasonable time enter any premises of a dealer or any other place in which the inspector believes on reasonable grounds there is any textile fibre product that is owned by a dealer and may

(a) examine any textile fibre product found therein;

(b) open and examine any package found therein that the inspector believes on reasonable grounds contains any textile fibre product; and

(c) examine any books, reports, test data, records, shipping bills and bills of lading or other documents or papers that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or extracts therefrom.

Warrant required to enter dwelling-house

(1.1) Where any place or premises referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

Authority to issue warrant

(1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

(a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

Use of force

(1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Certificate to be produced

(2) An inspector shall be furnished with a certificate of his designation as an inspector and, on entering any place described in subsection (1), shall, if so required, produce the certificate to the person in charge of that place.

Assistance to inspectors

(3) The owner or person in charge of a place referred to in subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations.

R.S., 1985, c. T-10, s. 8; R.S., 1985, c. 31 (1st Supp.), s. 24.

Obstruction

9. (1) No person shall obstruct or hinder an inspector in the carrying out of his duties and functions under this Act.

False statements

(2) No person shall knowingly make any false or misleading statement, either orally or in writing, to an inspector engaged in carrying out his duties and functions under this Act.

Interference

(3) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with any textile fibre product or other thing detained by an inspector pursuant to the regulations.

R.S., c. 46(1st Supp.), s. 9.

Seizure

10. (1) Where an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any textile fibre product or any labelling, packaging or advertising material by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed.

Detention

(2) A textile fibre product or other thing seized and detained pursuant to subsection (1) shall not be detained after

(a) the provisions of this Act or any regulations that are applicable to the textile fibre product or other thing have, in the opinion of the inspector, been complied with, or

(b) the expiration of ninety days after the day of seizure or such longer period as may be prescribed with respect to any textile fibre product,

unless before that time proceedings have been instituted in respect of the contravention, in which event the textile fibre product or other thing may be detained until the proceedings are finally concluded.

R.S., c. 46(1st Supp.), s. 10.


Regulations

Regulations

11. (1) The Governor in Council may make regulations

(a) prescribing consumer textile articles for the purposes of this Act and prescribing any other matter or thing that by this Act is to be prescribed;

(b) exempting any textile fibre product or any portion thereof from the application of any provision of this Act or the regulations;

(c) exempting any type of transaction in relation to a prescribed consumer textile article from the prohibition contained in paragraph 3(a);

(d) requiring, authorizing or prohibiting the inclusion in a label of any information or representation in addition to the information required by section 6;

(e) requiring, authorizing or prohibiting the inclusion in any advertising of a consumer textile article of any representation in relation to the textile fibre content of the article;

(f) requiring or authorizing the statement on the container of a consumer textile article of any information or representation required or authorized to be shown in a label, in addition to or in place of the statement of that information or representation in a label;

(g) prescribing the form and manner in which any information or representation required or authorized to be shown in any label, on any container or in any advertisement shall be shown;

(h) prescribing any expressions, words, figures, depictions or symbols the use of which, in relation to a textile fibre product, shall be deemed, unless the contrary is proven, to constitute a false or misleading representation;

(i) prescribing generic names for textile fibres;

(j) prescribing how a textile fibre for which no generic name is prescribed pursuant to this Act shall be described for the purposes of this Act;

(k) requiring the disclosure to the Minister of information in respect of any textile fibre in order to enable a generic name to be prescribed for the textile fibre and prescribing the time and manner in which the disclosure shall be made;

(l) establishing tolerances in relation to the percentage by mass of textile fibres shown in labels or otherwise;

(m) respecting the duties and functions of analysts and the taking of samples of textile fibre products;

(n) respecting the detention of textile fibre products and other things seized pursuant to subsection 10(1);

(o) respecting the disposition of textile fibre products and other things forfeited under section 16; and

(p) generally, for carrying out the purposes and provisions of this Act.

Where statement on container deemed to be label

(2) Where any information or representation is required or authorized by the regulations to be stated on the container of a consumer textile article in place of the statement of that information or representation in a label and is so stated, that statement on the container shall be deemed to be a label and to be applied to the article.

Where no generic name for textile fibre

(3) Where a textile fibre comprising or contained in a consumer textile article is a textile fibre for which no generic name and description is set out in the regulations, a label applied to the article shall be deemed to show the generic name of the textile fibre if the textile fibre is described in the label in accordance with the regulations.R.S., 1985, c. T-10, s. 11; 1993, c. 34, s. 120.


Offence And Punishment

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.

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.

R.S., c. 46(1st Supp.), s. 12.

Offence by employee or agent

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 agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without his knowledge or consent and that he exercised all due diligence to prevent its commission.

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.

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.

R.S., c. 46(1st Supp.), s. 13.

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.

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.

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.

R.S., c. 46(1st Supp.), s. 14.

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.

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.

R.S., c. 46(1st Supp.), s. 15.

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.

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.

R.S., c. 46(1st Supp.), s. 16.

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.

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.

R.S., c. 46(1st Supp.), s. 17.


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