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

3 Paragraph 14(3)(a) of the Regulations is replaced by the following:

4 Subparagraph 31(a)(ii) of the French version of the Regulations is replaced by the following:

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

Description

Amendments to the TLAR to better reflect the legislative authority found under the Act:

Amendments to enhance the clarity of the Regulations:

“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