M-5 - Act respecting stuffing and upholstered and stuffed articles

Updated to 1 January 2018

This document has official status.

chapter M-5

Act respecting stuffing and upholstered and stuffed articles

DIVISION I DEFINITIONS

1. In this Act, unless the context indicates a different meaning, the following expressions and words mean:

(a)  “stuffing” : any material used for stuffing, padding or cushioning an object;

(b)  “upholstered or stuffed article” : any object which contains stuffing;

(c)  “second-hand material” : any stuffing which has previously been the object of a first use;

(d)  “second-hand article” : any upholstered or stuffed article that has been the object of a first retail sale, unless it has been returned to the vendor without use and still bears the label prescribed by regulation which it bore at such first sale;

(e)  “manufacturer” : any person who manufactures or treats stuffing or uses stuffing in the manufacture of upholstered or stuffed articles;

(e.1)  “artisan” : any person who manufactures, on a small-scale basis, fewer than 1,000 stuffed or upholstered articles per year;

(f)  “renovator” : any person who repairs, renovates or alters an upholstered or stuffed article;

(g)  “sale” : a sale pure and simple, a conditional sale, a sale on the instalment plan, an exchange or any other contract by which one party delivers or obliges himself to deliver stuffing or an upholstered or stuffed article to the other for a consideration;

(h)  “permit” : any permit issued under this Act;

(i)  “inspector” : any inspector, including the chief inspector, contemplated in section 13;

(j)  “regulation” : any regulation made under this Act.

1969, c. 61, s. 1; 1998, c. 3, s. 1.

DIVISION II MANUFACTURE, RENOVATION, LABELLING AND SALE

2. This division shall not apply to the manufacture, renovation and sale of:

(a)  upholstered or stuffed articles which form an integral part of a vehicle or an aeroplane;

(b)  life-saving equipment that bears a stamp or label of approval of the Department of Transport of the Government of Canada;

(c)  accessories for domestic animals;

(d)  coffins;

(e)  shoes.

1969, c. 61, s. 2; 1998, c. 3, s. 2.

3. No person shall act as a manufacturer, artisan or renovator unless the person holds a manufacturer’s, an artisan’s or a renovator’s permit, as the case may be.

1969, c. 61, s. 3; 1998, c. 3, s. 3.

4. No person shall sell or offer for sale stuffing if it has been manufactured by a person who does not hold a manufacturer’s permit, unless the stuffing has been manufactured in another province of Canada designated by regulation.

No person shall sell or offer for sale upholstered or stuffed articles other than second-hand articles if they have been manufactured by a person who does not hold a manufacturer’s permit or an artisan’s permit, unless the articles have been manufactured in another province of Canada designated by regulation.

1969, c. 61, s. 4; 1998, c. 3, s. 4.

5. Every manufacturer shall, immediately upon their manufacture, affix to the stuffing or upholstered or stuffed articles which he manufactures the label prescribed for such purpose by regulation.

Every artisan shall, immediately upon their manufacture, affix to the upholstered or stuffed articles which the artisan manufactures the label prescribed for such purpose by regulation.

1969, c. 61, s. 5; 1998, c. 3, s. 5.

6. Every vendor of second-hand articles and every renovator of upholstered or stuffed articles shall, immediately upon receiving such an article for resale or renovation, as the case may be, affix thereto the label prescribed for such purpose by regulation.

1969, c. 61, s. 6.

7. No person shall sell or offer for sale stuffing or upholstered or stuffed articles which do not bear the label prescribed by regulation.

This section does not apply to the sale, by a natural person, of movable property which furnishes that person’s residence.

1969, c. 61, s. 7; 1998, c. 3, s. 6.

8. It is prohibited to remove, deface or alter any label affixed to stuffing in accordance with this Act and the regulations before such stuffing is used for the purpose of the manufacture or renovation of upholstered or stuffed articles.

1969, c. 61, s. 8.

9. It is prohibited to remove, deface or alter any label affixed to an upholstered or stuffed article in accordance with this Act and the regulations before such article is sold at retail and delivered or, in the case of renovation, before it is returned to its owner.

1969, c. 61, s. 9.

DIVISION III GENERAL PROVISIONS

10. No person shall:

(a)  use second-hand material in the manufacture of an upholstered or stuffed article, or add second-hand material thereto in renovating it;

(b)  use material that is soiled or contains vermin in the manufacture or renovation of an upholstered or stuffed article;

(c)  sell or offer for sale any upholstered or stuffed article which contains vermin, has been in contact with a person infected with a contagious disease or is so soiled as to endanger health, unless such article is sterilized or disinfected in accordance with the regulations.

1969, c. 61, s. 10.

11. If an upholstered or stuffed article contemplated in paragraph c of section 10 is offered for sale and if such article endangers health and cannot be sterilized or disinfected satisfactorily, the chief inspector may order in writing that it be destroyed, and the person who holds such article must comply with such order.

1969, c. 61, s. 11 (part).

12. For the purposes of this Act and of the regulations, an upholstered or stuffed article, other than an article which is intended to be renovated and which is labelled in accordance with section 6, shall be presumed, as long as it is in the possession of a manufacturer, an artisan, a wholesaler or a retailer, to be offered for sale by such manufacturer, artisan, wholesaler or retailer.

1969, c. 61, s. 12; 1998, c. 3, s. 7.

DIVISION IV INSPECTION

13. To see to the carrying out of this Act, a chief inspector and inspectors shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

1969, c. 61, s. 13; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

14. Every inspector, in the performance of his duties, may enter at any reasonable hour any establishment or place where stuffing or upholstered or stuffed articles are manufactured, stored, renovated, treated or offered for sale, and inspect the same. Such an inspection may include the examination of stuffing and upholstered or stuffed articles and the taking of specimens for the purposes of testing.

Every inspector may require from any holder of a permit any information relating to the carrying out of this Act and of the regulations.

1969, c. 61, s. 14.

15. If an inspector ascertains upon his inspection that any stuffing or upholstered or stuffed article does not bear the label prescribed by regulation, he may affix thereto, in accordance with the regulations, a label indicating that such stuffing or article shall not be sold.

1969, c. 61, s. 15.

16. Every inspector who has reason to believe that any stuffing or upholstered or stuffed article does not comply with the requirements of section 10 may:

(a)  seize it and take it for purposes of testing, after giving a receipt to the person who holds such stuffing or article; or

(b)  affix thereto in accordance with the regulations a label indicating that such stuffing or article shall not be sold and take specimens therefrom for purposes of testing;

The inspector shall take the necessary measures to ensure that the testing contemplated in this section is effected within a reasonable time.

1969, c. 61, s. 16; 1999, c. 40, s. 174.

17. The chief inspector or any person designated by him in writing shall remove the label indicating that any stuffing or upholstered or stuffed article shall not be sold:

(a)  if such label has been affixed under section 15, where the labelling of the stuffing or article is corrected in such manner as to comply with this Act and the regulations;

(b)  if such label has been affixed under section 16, where the stuffing or article complies with the requirements of section 10.

1969, c. 61, s. 17.

18. No person other than the chief inspector or the person designated by him in writing shall remove a label indicating that any stuffing or upholstered or stuffed article shall not be sold.

1969, c. 61, s. 18.

19. It is prohibited to sell, offer for sale, lease or remove from the premises where it is located, any stuffing or upholstered or stuffed article to which a label is affixed indicating that such stuffing or article shall not be sold; until such label has been removed, any person who is in possession of such article or stuffing must present it to any inspector on demand.

1969, c. 61, s. 19.

20. Every person who is in possession of any stuffing or upholstered or stuffed article to which a label is affixed indicating that such stuffing or article shall not be sold may, with the written consent of the chief inspector or of any person designated by him in writing, return such stuffing or article to his supplier.

1969, c. 61, s. 20.

21. It is prohibited to hinder an inspector in any way in the performance of the duties assigned to him by this Act, to mislead him by concealment or by misrepresentation or to refuse to give him any information which he is entitled to obtain under this Act.

Every inspector, if so required, shall produce a certificate signed by the Minister of Economic Development, Innovation and Export Trade, attesting his authority.

1969, c. 61, s. 21; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1994, c. 16, s. 51; 1999, c. 8, s. 20; 2003, c. 29, s. 135; 2006, c. 8, s. 31.

DIVISION V PERMITS

22. Every person who applies for a manufacturer’s, artisan’s or renovator’s permit must send his application to the chief inspector in the form prescribed by regulation, together with the documents prescribed by regulation.

The chief inspector shall issue the permit if the applicant fulfils the conditions prescribed by regulation and pays the duties set out in section 22.1.

1969, c. 61, s. 22; 1998, c. 3, s. 8; 2015, c. 8, s. 337.

22.1. The duties payable for a permit are

(1)  $346 for a manufacturer’s permit;

(2)  $87 for a renovator’s permit; and

(3)  for an artisan’s permit:

(a)  $21 if the permit is issued to a person who makes fewer than 100 upholstered or stuffed articles per year;

(b)  $49 if the permit is issued to a person who makes between 100 and 499 upholstered or stuffed articles per year; and

(c)  $102 if the permit is issued to a person who makes between 500 and 999 upholstered or stuffed articles per year.

The duties are adjusted on 1 January every year according to the rate of increase in the general Consumer Price Index for Canada established by Statistics Canada for the 12-month period ending on 30 September of the preceding year.

Adjusted amounts are rounded down to the nearest dollar if they include a dollar fraction that is less than $0.50, or up to the nearest dollar if they include a dollar fraction that is equal to or greater than $0.50. The application of this rounding rule may not operate to decrease duties below their pre-adjustment level.

If an adjusted amount cannot be rounded up to the nearest dollar, the annual adjustments are deferred and accumulated until the duties payable include a dollar fraction that is equal to or greater than $0.50.

The Minister publishes the results of the adjustment in the Gazette officielle du Québec.

2015, c. 8, s. 338.

See notice of indexation; (2017) 149 G.O. 1, 1319.

23. Every permit shall expire one year after the date of its issue; it may be renewed upon the conditions prescribed by regulation.

1969, c. 61, s. 23.

24. The chief inspector may suspend or cancel the permit of any person who refuses or fails to comply with the requirements of this Act or of the regulations after having been required in writing to do so by an inspector.

1969, c. 61, s. 24.

25. The chief inspector, before refusing to issue a permit to a person or before suspending or cancelling the permit which he has issued to him, shall notify the person in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the person at least 10 days to present observations. He shall also give notice in writing of his decision, stating the reasons therefor, to the person to whom he refuses to issue a permit or whose permit he suspends or cancels.

1969, c. 61, s. 25; 1997, c. 43, s. 340.

DIVISION VI PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1997, c. 43, s. 341.

26. Any refusal to issue or renew a permit or any suspension or cancellation of a permit may be contested before the Administrative Tribunal of Québec within 30 days of notification of the chief inspector’s decision.

Any order of the chief inspector under section 11 may be contested before the Tribunal within five days of notification of the order.

1969, c. 61, s. 26; 1988, c. 21, s. 66; 1997, c. 43, s. 342.

27. (Repealed).

1969, c. 61, s. 27 (part); 1988, c. 21, s. 66; 1997, c. 43, s. 343.

28. (Repealed).

1969, c. 61, s. 28; 1992, c. 61, s. 393; 1997, c. 43, s. 343.

29. The proceeding shall suspend the execution of the order given under section 11 or of the decision of the chief inspector whenever such decision has the effect of suspending or cancelling the permit of the applicant, unless the Tribunal orders the provisional execution thereof in cases of exceptional urgency.

1969, c. 61, s. 29; 1997, c. 43, s. 344.

30. (Repealed).

1969, c. 61, s. 30; 1997, c. 43, s. 345.

31. (Repealed).

1969, c. 61, s. 31; 1997, c. 43, s. 345.

32. (Repealed).

1969, c. 61, s. 32; 1997, c. 43, s. 345.

33. (Repealed).

1969, c. 61, s. 33; 1997, c. 43, s. 345.

34. (Repealed).

1969, c. 61, s. 34; 1997, c. 43, s. 345.

35. (Repealed).

1969, c. 61, s. 35; 1997, c. 43, s. 345.

36. (Repealed).

1969, c. 61, s. 36; 1975, c. 83, s. 84; 1988, c. 21, s. 66; 1997, c. 43, s. 345.

DIVISION VII PENAL AND REGULATORY PROVISIONS

1990, c. 4, s. 567; 1992, c. 61, s. 394.

37. Every person who infringes a provision of this Act or of the regulations or refuses to comply with an order given under this Act is guilty of an offence and liable to a fine of not more than $500 in the case of a natural person, or to a fine of not more than $2,000 in the case of a legal person.

1969, c. 61, s. 37; 1990, c. 4, s. 568; 1998, c. 3, s. 9.

38. Upon a motion by the Minister of Economic Development, Innovation and Export Trade, the Government may make regulations:

(a)  to determine the conditions to be fulfilled, the documents to be filed and the information to be furnished by every person who applies for a permit;

(b)  to determine the form and tenor of the categories of labels which it indicates, the models that they must comply with and the manner of affixing such labels to stuffing and upholstered and stuffed articles;

(c)  to classify stuffing and establish particular terms for the various classes of stuffing so established;

(d)  to establish the standards of hygiene which stuffing and upholstered and stuffed articles must comply with and, in the cases which it determines, to indicate the treatments which such stuffing and articles must undergo;

(e)  to determine the methods to be followed in the sterilizing or disinfecting which the upholstered or stuffed articles contemplated in section 10 must undergo;

(f)  to determine the methods to be followed in the taking of specimens and the testing effected under sections 14 and 16;

(g)  to determine the steps to be taken to prevent contamination of stuffing and of upholstered and stuffed articles when they are stored or transported;

(h)  to designate any other province of Canada for the purposes of section 4;

(i)  to recognize labels affixed to stuffing and upholstered and stuffed articles under the laws of any other province of Canada as equivalent to those affixable thereto under this Act;

(j)  to withdraw from the application of this Act any category of stuffing or upholstered or stuffed articles which it indicates;

(k)  (paragraph repealed).

1969, c. 61, s. 38; 1979, c. 77, s. 27; 1984, c. 36, s. 44; 1988, c. 41, s. 89; 1994, c. 16, s. 51; 1999, c. 8, s. 20; 2003, c. 29, s. 135; 1998, c. 3, s. 10; 2006, c. 8, s. 31; 2015, c. 8, s. 339.

39. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 61 of the statutes of 1969, in force on 31 December 1977, is repealed, except section 39, effective from the coming into force of chapter M-5 of the Revised Statutes.