Québec statute on stuffing and upholstered and stuffed articles

Summary*

• The purpose of the Act respecting stuffing and upholstered and stuffed articles is, among other things, to ensure that the stuffing used by upholsterers and manufacturers of upholstered and stuffed articles is new and clean and that only articles with clean stuffing are sold.
• In Québec, all manufacturers of upholstered and stuffed articles must, as a rule, hold a permit. However, manufacturers of upholstered and stuffed articles that are an integral part of a vehicle, plane or life-saving equipment bearing a Transport Canada stamp or label of approval are one exception to that rule.
• All articles of clothing containing stuffing materials used as thermal insulators or protectors are deemed to be stuffed articles covered by the Act and Regulation. Other clothing articles are exempted, see information note on stuffed clothing.
• Holders of a manufacturer's permit must affix a label prescribed by regulation to all upholstered and stuffed articles they manufacture.
• Moreover, only upholstered and stuffed articles manufactured by a person holding a manufacturer's permit may be sold in Québec, unless the articles were manufactured in Ontario or Manitoba by persons holding permits from those provinces. Thus, establishments can sell only upholstered and stuffed articles bearing the labels prescribed by regulation.

Applying for a manufacturer's permit

• The application for a manufacturer's permit must be made on the appropriate form. The required duties must be paid when the application is filed.
• The rate for the manufacturer permit is 336 $ CAN.
• The permit expires one year after the date of issue.
• The permit must be renewed each year.

Form

Labels

• The labels must specify the nature of the main forms of stuffings by mass contained in the upholstered of stuffed article.
• Labels must be of muslin, imitation vellum or laminated thermoplastic fabric (except for use on clothing) that does not fray by wear, or tear easily. Any other material must be approved by the chief inspector.
• Permit holders must have their labels printed themselves.

Labels model

Affixing labels

• In all cases, labels must be solidly attached in a place where they may be easily seen.
• Labels for upholstered furniture must be solidly attached to the front of the frame so as to be easily seen when the cushions are removed or to the front of the bottom in such a manner as to hang down and be easily seen when the piece of furniture is in its normal position.
• Where the seat of a chair is manufactured and installed as a separate unit and where the under side is a hard surface, the label may be printed there in indelible black ink with a rubber stamp so as to be clearly legible.

Inspections

• To see to the carrying out of the Act respecting stuffing and upholstered and stuffed articles, inspectors 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, for the purpose of inspecting the articles.
• If, during an inspection, an inspector ascertains that an upholstered or stuffed article does not bear the prescribed label, he or she may affix to the article a label indicating that it cannot be sold. Once the labelling has been corrected, the chief inspector or any person designated by him or her in writing must remove the label marked "not for sale".
• An inspector who has reason to believe that an upholstered or stuffed article is not made of new or clean material may seize the article and take it for testing, and affix to the article a label indicating that it cannot be sold. The inspector must then take the necessary measures to ensure the required testing is done within a reasonable time. Only an inspector may remove a label indicating that an upholstered or stuffed article cannot be sold.
• A person who is in possession of an upholstered or stuffed article to which a label is affixed indicating that the article cannot be sold may, with the written consent of the chief inspector or a person designated by the latter in writing, return the article to the supplier.
• The chief inspector may suspend or cancel the permit of any person who refuses or fails to comply with the requirements of the Act or attendant regulations.

Offence and penalty

• A person who infringes a provision of the Act respecting stuffing and upholstered and stuffed articles or attendant regulations or refuses to comply with an order given under the Act or attendant regulations is guilty of an offence and liable to a fine of not more than $500 in the case of an individual, or to a fine of not more than $2000 in the case of a corporation.

For more information

Direction des biens de consommation, du commerce et des services
380, Saint-Antoine Street West, 4^th Floor
Montréal (Québec)  H2Y 3X7
Phone: 514 499-2176
Fax: 514 864-9276

* The text of the Act respecting stuffing and upholstered and stuffed articles takes precedence over this summary.

The texte of the Regulation respecting stuffing and upholstered and stuffed articles takes precedence over this summary.

• Models of labels
• Information on stuffed clothing
• Apply for and manage your stuffing and upholstery permits