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Legal Guide


The federal government has also enacted legislation to regulate the marketing and sale of a number of other products. For instance, the purpose of the Textile Labelling Act is to inform consumers as to which textile fibers are contained in fabrics and articles made from fabric and yarns.

A textile fibre is any natural or manufactured matter that can be made into yarn or fabric, including feathers, kapok, human hair and animal fur. Products such as clothing, floor coverings, towels, linens and draperies, are covered by the Textile Labelling Act. These types of articles must have a disclosure label setting out specific information relating to the article.

Consumer textile articles may be imported into Canada without a disclosure label, if certain product information is given by a dealer to a federal government inspector at the port of entry, on or before the importation. Before the sale of the imported article, the dealer must then apply a disclosure label, notify the inspector that this has been done, and give the inspector a reasonable opportunity to inspect the article.

The Textile Labelling and Advertising Regulation exempt a number of articles from all labelling requirements. In addition, articles do not have to be labeled in certain transactions, such as sales to a Crown, education, religious or business entity, if the articles are made in compliance with specifications supplied by the buyer, and if the articles are not going to be re-sold.

Similarly, the Precious Metals Marking Act (Canada) and the Precious Metals Marking Regulations establish rules for the sale of articles made from precious metals, by setting standards for quality marks. More specifically, the Precious Metals Marking Act provides for the uniform description and quality marking
of precious metal articles (articles made with gold, silver, platinum or palladium) to help consumers
make informed purchasing decisions.

The Precious Metals Marking Act also prohibits the making of false or misleading representations related
to precious metal articles, and requires that dealers who choose to mark their articles with representations related to the precious metal quality, do so as prescribed by the Act and the Regulations.

The Canada Agricultural Products Act sets national standards and grades for agricultural products, and regulates the marketing of agricultural products in import, export and interprovincial trade. It provides
for the licensing of dealers in agricultural products; the inspection, grading, labeling and packaging (including standardized sizes) of regulated products; the registration of establishments; standards governing the construction, maintenance and operation of establishments; and mechanisms to settle disputes over transactions between dealers of fresh fruits and vegetables.

The Seeds Act regulates the inspection, testing, quality and sale of seeds in Canada. Pursuant to this legislation, seeds developed through biotechnology must meet the same requirements as those developed through traditional methods. The products regulated under the Act include new crop varieties produced
by biotechnology with genes novel to the crop species.

Pesticides imported into, or sold or used, in Canada, are regulated under the Pest Control Products Act and Regulations. The Pest Management Regulatory Agency (“PMRA”) is responsible for administering this legislation, registering pest control products, re-evaluating registered products and setting maximum residue limits under the Food and Drugs Act. Companies that wish to have the right to sell a pest control product in Canada must submit detailed information and data to be evaluated by the PMRA. The Pest Control Products Act creates a Register of Pest Control Products that makes certain information, including certain pest control product test data, available to the public. It is incumbent upon the registrant to request that any confidential test data or confidential business information be designated as such, and exempted from the access to information regime.

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