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

Plumage

• 38.1 (1) Where a consumer textile article consists wholly of plumage or contains plumage as a constituent part thereof and the plumage or part thereof does not comply with the description of down in paragraph 26(1)(c), the plumage or part thereof may be shown as down if it meets the composition requirements set out for commercial down in section 25.

• (2) Where the plumage in a consumer textile article

  • (a) does not comply with the description of down in paragraph 26(1)(c) but meets the composition requirements set out for commercial down in section 25, and

  • (b) has no added feather or other textile fibre,

    the disclosure label shall bear the following statement:

    • “Note: 

      This product contains an amount of feathers not exceeding that allowable by law.”

• (3) Where a consumer textile article consists wholly of plumage or contains plumage as a constituent part and the plumage does not comply with the description of feather in paragraph 26(1)(d), the plumage shall be shown as landfowl feather, waterfowl feather or “(name of the bird) feather” if it meets the applicable composition requirements set out for commercial landfowl feather or commercial waterfowl feather in section 25.

Findings

39 Where a consumer textile article contains any findings, the textile fibre content

• (a) of the article shall be shown exclusive of the findings; and

• (b) of the findings may be shown if the findings are specified, and the textile fibre content is shown

  • (i) separately from and following all disclosures as to textile fibre content required by these Regulations to be made, and

  • (ii) with a clear indication that it is the textile fibre content of the findings that is being shown.

Trade Marks and Descriptive Terms

• 40 (1) Subject to subsections (2) to (4), where a textile fibre is required by these Regulations to be shown by its generic name, the following may be shown with the fibre content disclosure for that textile fibre:

  • (a) a trademark registered in Canada for that textile fibre or for the yarn or fabric containing that fibre; or

  • (b) a descriptive term that is true in respect of that textile fibre or of the yarn or fabric containing that fibre.

• (2) Where a trademark is registered for a textile fibre or for a yarn or fabric containing textile fibres of the same generic name, the trademark must be shown immediately preceding or immediately following the generic name of the textile fibre or fibres.

• (3) Where a trademark registered for a biconstituent, multiconstituent or grafted textile fibre, or a yarn or fabric, is associated with more than one generic name, the trademark must be shown immediately preceding or immediately following the textile fibre content disclosure.

• (4) The type in which a trademark or descriptive term is shown shall not be larger or more prominent than the type in which the generic name of a textile fibre is shown.

PART IVFalse or Misleading Representations

41 The use of the word

• (a) “all” or “pure” in conjunction with the name of a textile fibre to describe a consumer textile article, a constituent part thereof or any other textile fibre product that contains a textile fibre other than the textile fibre named, unless such use is permitted by subsection 29(2), or

• (b) “virgin” or “new” to describe a textile fibre that has been reclaimed,

• (c) and (d) [Revoked, SOR/94-247, s. 15]

shall be deemed, unless the contrary is proven, to constitute a false or misleading representation.

42 The use of the expression

• (a) “hand-knitted”, “hand-crafted” or “hand-framed” to describe a textile fibre product that has been, in whole or in part, knitted by a device or a machine that was not wholly manually or pedally operated,

• (b) “hand-spun”, “hand-woven” or “hand-crafted” to describe a textile fibre product that has been, in whole or in part, spun or woven by a device or machine that was not wholly manually or pedally operated, or

• (c) “hand-printed” or “hand-crafted” to describe a textile fibre product that has been printed by means other than manually-operated screens, stencils or blocks

shall be deemed, unless the contrary is proven, to constitute a false or misleading representation.

43 The use of the linear measurements of a textile fibre product that has been cut to make a consumer textile article as the dimensions of the finished article shall be deemed, unless the contrary is proven, to constitute a false or misleading representation.

• 44 (1) The use of any expression, word, depiction or symbol that signifies or connotes fur, hair or wool, or an animal that bears fur, hair or wool, to describe, or otherwise in relation to, any textile fibre product that is not made of or does not contain such fur, hair or wool without qualifying or explanatory words that make it clear that the product is not made of or does not contain such fur, hair or wool shall be deemed, unless the contrary is proven, to constitute a false or misleading representation.

• (2) Subsection (1) applies

  • (a) whether or not the textile fibre product or part thereof described in subsection (1) simulates fur, hair or wool; and

  • (b) only where the fur, hair or wool signified is a fur, hair or wool that is used in or in place of textile fibre products of the same class or kind as the textile fibre product in respect of which the expression, word, depiction or symbol is used.

45 The use of any expression, word, depiction or symbol that signifies or connotes a bird where the plumage referred to is not at least 90 per cent by weight from that bird shall be deemed, unless the contrary is proven, to constitute a false or misleading representation.

PART VThings Seized and Detained

46 Where an inspector detains textile fibre products or other things seized under section 10 of the Act, he may detain them in the building or place where they were seized or he may direct their removal to any other place he considers suitable.