Regulations Amending the Textile Labelling and Advertising Regulations: SOR/2018-253
Canada Gazette, Part II, Volume 152, Number 25
Registration
SOR/2018-253 November 23, 2018
TEXTILE LABELLING ACT
P.C. 2018-1435 November 22, 2018
Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 11 footnote a of the Textile Labelling Act footnote b makes the annexed Regulations Amending the Textile Labelling and Advertising Regulations.
Regulations Amending the Textile Labelling and Advertising Regulations
Amendments
1 Subsection 5(2) of the Textile Labelling and Advertising Regulations footnote 1 is amended by striking out “or” at the end of paragraph (c) and by repealing paragraph (d).
2 (1) The portion of subsection 12(1) of the Regulations before paragraph (a) is replaced by the following:
12 (1) A dealer who resides in Canada may apply to the Commissioner for an identification number for use on the label of a consumer textile article in place of the dealer’s name and postal address if the dealer
(2) Subsections 12(3) to (9) of the Regulations are replaced by the following:
(3) The Commissioner shall assign an identification number to a dealer if the dealer meets the requirements set out in subsections (1) and (2).
(4) A dealer may use the identification number on the label of a consumer textile article in place of the dealer’s name and postal address if the information required by paragraph (2)(b) is up-to-date.
(5) If a dealer transfers the identification number to a subsequent dealer, the subsequent dealer may use the identification number in place of the subsequent dealer’s name and postal address if
- a) the subsequent dealer meets the requirements set out in subsection (1); and
- b) the information required by paragraph 2(b) is up-to-date.
3 Paragraph 14(3)(a) of the Regulations is replaced by the following:
- (a) the information required by paragraph 11(1)(a) may be shown in English on one label and in French on the other label, and the information required by paragraph 11(1)(b) may be shown on either of the two labels; or
4 Subparagraph 31(a)(ii) of the French version of the Regulations is replaced by the following:
- (ii) sous réserve de l’article 31.1, dans l’ordre de prédominance selon la masse, et
Coming into Force
5 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
In 2000, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) conducted a review of the Textile Labelling and Advertising Regulations (TLAR) and recommended that they be amended to better reflect the legislative authority found under the Textile Labelling Act (the Act). The SJCSR also recommended “housekeeping” amendments to address redundancies and inconsistencies between the English and French versions of the text.
Objectives
The amendments will
- address some of the recommendations of the SJCSR to amend the TLAR to better reflect the legislative authority found under the Act; and
- enhance clarity of the Regulations through technical “housekeeping” amendments.
Description
Amendments to the TLAR to better reflect the legislative authority found under the Act:
- Subsections 12(3) to 12(9) of the TLAR provide the administrative process for when a dealer identification number (commonly known as a CA number) can be changed or revoked. A CA number can be used on a textile label in lieu of a dealer’s name and postal address. The notification requirements set out in subsection 12(5) [e.g. for transfer, change of name or address, or closure of business] would be replaced with terms of use under which dealers must ensure that information required by the Regulations is kept up to date. The revocation process set out in subsections 12(6) to (9) is not used and will be repealed.
Amendments to enhance the clarity of the Regulations:
- Repeal paragraph 5(2)(d) of the TLAR. This paragraph prohibits labels that do not comply with section 5 of the Act. Since the substance of the labelling requirement is already contained in section 5 of the Act, this paragraph is redundant;
- Amend paragraph 14(3)(a) by removing the words “and subsection 11(3).” Subsection 11(3) does not require the provision of information and, therefore, it is not necessary to refer to subsection 11(3) in this provision; and
- Replace paragraph 31(a)(ii) of the French version with “(ii) sous réserve de l’article 31.1 dans l’ordre de prédominance selon la masse.” This provides more clarity and consistency between the English and French versions of the TLAR.
“One-for-One” Rule
The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs or burden to business.
Small business lens
The small business lens does not apply to these amendments, as no additional administrative burden or compliance costs will be imposed on small businesses.
Consultation
The Competition Bureau consulted stakeholders in January 2007 on the proposed amendments to address the SJCSR’s comments. Stakeholders had no concerns with the amendments that are part of these Regulations. As the amendments are housekeeping in nature and do not impose additional requirements on businesses, no further consultations were considered necessary.
Rationale
In 2000, the SJCSR recommended that the TLAR be amended in order to better reflect the legislative authority found under the Act and proposed certain “housekeeping” amendments.
The amendments better reflect the legislative authority found under the Act, which addresses some of the recommendations of the SJCSR. Other recommendations made by the SJCSR are following the normal regulatory amendment process.
The amendments do not impose any costs on businesses or unduly impact other areas or sectors of the economy.
Updating dealer notification numbers
Replacing subsections 12(5) to (9) will not have any cost implications. Businesses will continue to follow the existing process when registering, updating or cancelling a CA number with the Competition Bureau. The notification requirements (e.g. for transfer, change of name or address or closure of business) would be replaced with terms of use under which dealers must ensure that information required by the Regulations is kept up to date. The practical impact of this change is not expected to measurably alter the level of administrative effort associated with the Regulations. The revocation process set out in subsections 12(6) to (9) is not used and its repeal will have no impact.
Remainder of the amendments
The replacement of the administrative process for updating CA numbers, the repeal of the provisions for revoking CA numbers, the amendments to reflect the Commissioner’s responsibility under the TLAR, and the minor housekeeping amendment to enhance the clarity of the Regulations will not result in any additional costs to the government, businesses, consumers or Canadians.
Contact
Leila Wright
Associate Deputy Commissioner
Policy, Planning and Advocacy Directorate
Competition Promotion Branch
Competition Bureau