Draft for Public Consultation
This consultation takes place between August 31, 2020, and October 29, 2020 (11:59 pm Pacific time).
Interested parties are invited to submit their views on the proposed amendments no later than October 29, 2020 by completing the online feedback form, or by sending comments to firstname.lastname@example.org.
On this page:
- Exemption for textile articles labelled under provincial regulations
- Labelling of textiles “used for warmth” and “textiles not used for warmth”
- Labelling exemption for certain filled and stuffed textile articles
- Filled and stuffed textile articles produced prior to January 1, 2021
- Textile Articles Subject to the TLA and TLAR
- Consumer Textile Articles containing filling or stuffing
- Non-permanent labels
- Costs and Benefits
This document outlines proposed changes to Textile Labelling and Advertising Regulations (TLAR) that relate to upholstered and stuffed articles. The proposed changes are intended to simplify the labelling of upholstered and stuffed textile articles and provide greater clarity for businesses.
1. Exemption for textile articles labelled under provincial regulations
Proposal: The provincial exemption under section 10 of the TLAR would be simplified to exempt only fibre-related label representations that are required by provincial law.
Explanation: The Textile Labelling Act (TLA) prohibits a dealer from applying a label to a textile article that contains fibre information unless it complies with all applicable requirements under the TLA and TLAR. However, compliance issues may arise if the dealer is located in a province with textile labelling regulations that differ from the federal requirements (e.g. Quebec’s upholstered and stuffed article regulations). Section 10 of the TLAR is meant to address these inconsistencies and protect dealers from conflicting regulatory requirements.
Section 10 is limited to textile articles containing filling, stuffing, lining, or interlining and only applies when no other labelling requirements under the TLA or TLAR apply. The Bureau’s proposal simplifies the wording of section 10 and its application by exempting provincially-required representations. Expanding the application of the section to all textiles also avoids the need for future amendments to section 10 should a province decide to create new labelling regulations.
2. Labelling of textiles “used for warmth” and “textiles not used for warmth”
Proposal: The TLAR labelling requirements under section 37 (upholstered and stuffed articles used for warmth) and subsection 38(1) (upholstered and stuffed articles not used for warmth) would be harmonized and combined into one section.
Explanation: The labelling requirements for upholstered and stuffed articles under sections 37 and 38(1) are functionally identical, containing only minor differences in language. With the proposed repeal of the labelling exemption under subsection 38(2) (see proposal 3), the Bureau proposes merging sections 37 and 38(1) to streamline and simplify the TLAR. This would remove unnecessary duplication within the regulations and make it easier for stakeholders to understand their labelling obligations for upholstered and stuffed articles. Substantive labelling requirements for upholstered and stuffed articles under section 37 and subsection 38(1) would not change.
3. Labelling exemption for certain filled and stuffed textile articles
Proposal: Repeal subsection 38(2) of the TLAR, which currently exempts dealers from providing information on a label regarding the fibre composition of filling or stuffing used in upholstered furniture, mattresses, box springs, cushions, chair pads, potholders, oven mitts, place mats, and mattress protectors (subsection 38(2) articles). Under this proposal, dealers would be required to provide information on a label regarding the filling or stuffing for all subsection 38(2) articles.
Explanation: Under subsection 38(2), a dealer does not have to provide information on a label regarding the fibre composition of the filling or stuffing used in the listed upholstered and stuffed articles unless the dealer makes a representation regarding the filling or stuffing. If such a representation is made, then the subsection 38(2) exemption no longer applies and the filling or stuffing used in these upholstered and stuffed articles must be labelled in accordance with the TLAR.
Provincial regulations in Manitoba, Ontario and Quebec historically required dealers to label the filling and stuffing used in subsection 38(2) articles. However, the recent repeal of regulations in Ontario and Manitoba means that Canadian dealers no longer have to provide its provincial label, except in Quebec. Therefore, Canadian consumers outside of Quebec may no longer have access to important information when making purchasing decisions regarding subsection 38(2) articles. Repealing subsection 38(2) will ensure a consistent labelling regime for all upholstered and stuffed articles and will help to ensure that consumers have all the necessary information to make informed purchasing decisions.
4. Filled and stuffed textile articles produced prior to January 1, 2021
Proposal: The TLAR would include a new section that allows dealers to rely on the subsection 38(2) exemption for articles produced before January 1, 2021. Dealers of subsection 38(2) articles made after that date would be required to disclose the fibre composition of the filling or stuffing used in the article.
Explanation: This proposal is intended to reduce the burden placed on dealers as a result of the proposed repeal of subsection 38(2). Allowing dealers to rely on subsection 38(2) for all articles made prior to January 1, 2021 will give dealers additional time to implement the new labelling requirements. It will also minimize transition costs by preventing dealers from having to relabel their textiles.
The January 1, 2021 date was selected as a placeholder to help stakeholders understand this proposal. The Bureau intends to amend this date to allow business to rely on subsection 38(2) for at least 12 months after the implementation of the proposals.
5. Textile Articles Subject to the TLA and TLAR
Proposal: The Bureau proposes amending Schedule I (3) of the TLAR to prescribe all textile components of subsection 38(2) articles.
Explanation: Schedule I of the TLAR sets out which textiles articles are prescribed for the purposes of paragraph 3(a) of the TLA. Currently, Schedule I (3) only prescribes the outer covering of subsection 38(2) articles. This means that the other components of these articles are not subject to the labelling requirement under the TLA or TLAR. As discussed above, the Bureau proposes repealing subsection 38(2) and harmonizing the labelling requirements for all textiles that contain filling or stuffing. The proposed amendment will update Schedule I (3) to reflect this change by prescribing all component parts of subsection 38(2) articles to be labelled.
6. Consumer Textile Articles containing filling or stuffing
Proposal: This proposal would amend the current wording of Schedule II (5) of the TLAR to clarify that the section is limited to consumer textile articles where the only textile fibre(s) present are filling or stuffing (e.g. a bag of stuffing at a craft store).
Explanation: Schedule II (5) exempts consumer textile articles that contain any filling or stuffing from the labelling requirements of the TLA and TLAR. Amending Schedule II (5) so that it applies only to consumer textile articles that are entirely and only filling or stuffing will improve the consistency and predictability of the TLAR.
7. Non-permanent labels
Proposal: This proposal would amend Schedule III (3) to allow dealers to use non-permanent labels to disclose all textile components of subsection 38(2) articles.
Explanation: Schedule III (3) allows a dealer to use a non-permanent label to disclose the fibre content of the outer covering of a subsection 38(2) article. Proposals 3 and 5 (see above) will require dealers to begin labelling the filling and stuffing used in subsection 38(2) articles. Under the current wording of Schedule III (3), dealers could use a non-permanent label to disclose the fibre content of the outer covering of subsection 38(2) articles, but are limited to a permanent label when disclosing the fibre content of the filling or stuffing. The proposed amendment simplifies the TLAR requirements and reduces the burden on business by allowing the use of a single label to disclose all components of a subsection 38(2) article.
8. Costs and Benefits
The Bureau is committed to ensuring that Canadian consumers and businesses thrive and benefit from a competitive marketplace. To help better review the impacts of the proposals, the Bureau welcomes any further comments related to the costs and benefits.
The Bureau is interested in hearing from dealers about:
- How dealers currently label their subsection 38(2) articles;
- How dealers intend to comply with the proposals if they are implemented;
- The costs associated with labelling a textile article;
- How dealers collect or obtain information on the fibre composition of a given textile article; and
- Any other information that may help the Bureau better assess the impact of the proposals.
The Bureau also welcomes all feedback from Canadian consumers about:
- The types of information consumers like to see on a textile label when purchasing a subsection 38(2) article (these articles are listed in proposal 3);
- Whether consumers think it is important/valuable to know what filling or stuffing is used to make a subsection 38(2) article; and
- Any other information that may help the Bureau better assess the impact of the proposals.