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Designer Remission Order, 2001

Version of section 1 from 2019-06-17 to 2024-05-01:


 In this Order,

apparel

apparel means

  • (a) any article of heading Nos. 61.01, 61.02, 61.03, 61.04, 61.05, 61.06, 61.07, 61.08, 61.09, 61.10, 61.11, 61.12, 61.13, 61.14, 61.15, 61.16, 61.17, 62.01, 62.02, 62.03, 62.04, 62.05, 62.06, 62.07, 62.08, 62.09, 62.10, 62.11, 62.12, 62.13, 62.14, 62.15, 62.16, 62.17, 65.03, 65.04, 65.05 and 65.06, subheading Nos. 4203.10, 4203.29, 4203.30, 4203.40, 4303.10, 4818.50 and tariff item Nos. 3926.20.92, 3926.20.93, 3926.20.94, 3926.20.95, 3926.20.99, 4015.19.90 and 4015.90.90 in the List of Tariff Provisions set out in the schedule to the Customs Tariff; and

  • (b) any article of clothing or clothing accessories of subheading No. 4304.00 in that List. (vêtement)

apparel designer

apparel designer means an individual who

  • (a) possesses a degree or diploma in fashion design or apparel design from a recognized educational institution or has an equivalent proficiency in the creation of innovative apparel; and

  • (b) carries out the creation of innovative apparel, including the conception of styles, the drafting and development of collections, the preparation of sketches, collection boards or story boards, the selection, sampling and testing of fabrics, the preparation of samples of innovative apparel and the retention of any records respecting the creation of innovative apparel, or is directly responsible for those activities being undertaken by other individuals employed by the same employer. (couturier)

collection

collection means a product line of original designer apparel to be presented to customers for a specific fashion season. (collection)

fabric

fabric means all fabric of heading Nos. 51.11, 51.12, 51.13, 52.08, 52.09, 52.10, 52.11, 52.12, 53.09, 53.10, 53.11, 54.07, 54.08, 55.12, 55.13, 55.14, 55.15, 55.16, 56.02, 56.03, 58.01, 58.02, 58.03, 58.04, 58.05, 58.06, 58.07, 58.08, 58.09, 58.10, 58.11, 59.03, 59.06 and 59.07 in the List of Tariff Provisions set out in the schedule to the Customs Tariff and all fabric of chapter 60 in that List, excluding any fabric that contains aramid fibres. (tissu)

innovative

innovative means apparel resulting from an on-going creative process that primarily entails the establishment of new relationships among the following principal elements: fabric, colour, assembly, shape and function. (innovateur)

innovative apparel

innovative apparel means apparel that results from an ongoing creative process that primarily entails the establishment of new relationships among the following principal elements, namely fabric, colour, assembly, shape and function. (vêtement innovateur)

limited quantities

limited quantities[Repealed, SOR/2004-94, s. 1]

name

name[Repealed, SOR/2003-128, s. 1]

original designer apparel

original designer apparel means innovative apparel that is available only in limited quantities, that is created by a recognized apparel designer or a recognized apparel design house and that bears the trademark of that designer or design house, permanently affixed, as its principal commercial identification. (vêtement de couturier original)

recognized apparel designer

recognized apparel designer means an individual who

  • (a) possesses a degree or diploma in fashion design or apparel design from a recognized educational institution or has an equivalent proficiency in the creation of innovative apparel;

  • (b) carries out the creation of innovative apparel, including the conception of styles, the drafting and development of collections, the preparation of sketches, collection boards or story boards, the selection, sampling and testing of fabrics, the preparation of samples of innovative apparel, and the retention of any records respecting the creation of innovative apparel, or is directly responsible for those activities being undertaken by other individuals employed by the same employer; and

  • (c) has control, whether in their own right or indirectly through a partnership, corporation, trust or any other entity, over the use of their trademark. (couturier reconnu)

recognized apparel design house

recognized apparel design house means a company or partnership that

  • (a) employs at least one apparel designer; and

  • (b) has control, whether in its own right or indirectly through a partnership, corporation, trust or any other entity, over the use of its trademark. (maison de couture reconnue)

trademark

trademark means a word, symbol or design, or any combination of these, used to distinguish the wares of one person or organization from those of others in the marketplace. (marque de commerce)

winter outerwear

winter outerwear means lined and insulated apparel that is worn over other clothing for protection against the cold. (vêtement de dessus)

  • SOR/2002-169, s. 1
  • SOR/2003-128, s. 1
  • SOR/2003-268, s. 1
  • SOR/2004-94, s. 1
  • SOR/2005-351, s. 1
  • 2014, c. 20, s. 366(E)

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