Canada – Manitoba Revokes Bedding and Other Upholstered or Stuffed Articles Regulation

Vol. 1054 | 29 Jan 2019

On January 24, 2019, the Government of Manitoba announced the repeal of the Bedding and Other Upholstered or Stuffed Articles Regulation, 78/2004. The regulation will be revoked effective January 1, 2020.

Due to the revocation of this regulation, starting January 1, 2020, upholstered and stuffed articles offered for sale in the province of Manitoba will no longer require registration with the Consumer Protection Office or labeling per the Bedding and Other Upholstered or Stuffed Articles Regulation.

The announcement from the province of Manitoba comes right on the heels of the announcement late last year from the province of Ontario regarding the repeal of its Upholstered and Stuffed Articles Labeling Regulation, which is effective July 1, 2019. With Manitoba’s effective date of January 1, 2020, the repeal of these regulations by the provinces of Ontario and Manitoba will leave only the province of Quebec with the regulation that requires registration and labeling for upholstered and stuffed articles. It should be noted that the upholstered and stuffed articles must meet applicable Federal requirements under the Canada Consumer Products Safety Act and Textile Labeling Act.

Following are helpful questions and answers from the announcement by Government of Manitoba.

What is the change that is taking place?

The Government of Manitoba will repeal the Bedding and Other Upholstered or Stuffed Articles Regulation (“the Regulation”) as of January 1, 2020.

As of January 1, 2020, provincial rules relating to the labelling, processing and health and safety standards regarding bedding and upholstered or stuffed articles set out in the regulation will no longer apply to manufacturers, renovators, home hobby/craft operators and any other persons currently subject to the regulation in the Province of Manitoba.

What is the repeal date?

The date of the repeal is January 1, 2020.

What happens between now and January 1, 2020?

The Regulation remains in force until January 1, 2020. The Consumer Protection Office will continue to administer the rules related to bedding and other upholstered or stuffed articles until the repeal takes effect on January 1, 2020.

Who will be affected by this change?

Industry sectors such as distributors, textile importers, furniture manufacturers, home hobby/craft operators, renovators, retailers, suppliers of filling materials and printers of prescribed labels are presently subject to the regulation and will be affected by the change.

What happens in regards to registration fees?

Manufacturers, renovators, and home hobby/craft operators will be subject to the required fees for new or renewal applications until the January 1, 2020 repeal date.

What effect will the repeal have on the harmonized agreement with Quebec and Ontario?

The repeal only applies in Manitoba. In December, Ontario announced the repeal of its bedding and stuffed articles legislation, effective July 1, 2019. Any manufacturers, importers, retailers, renovators and distributors with bedding, upholstered or stuffed articles subject to regulation in Quebec must continue to comply with Quebec’s laws.

What happens after January 1, 2020?

Bedding, and other upholstered and stuffed articles sold in Manitoba will continue to be subject to applicable federal legislation including the Canada Consumer Product Safety Act and the Textile Labelling Act, as is the case in other provinces.

Why has Manitoba selected January 1, 2020 as the repeal date?

A January 1, 2020, effective date is seen as fair, as it allows all industry sectors which will be affected by this change to prepare for the changes to their operations.

The Province of Manitoba will work with the industry and stakeholders to ensure a smooth transition throughout the process.

The announcement along with above questions and answers can be reviewed at: https://www.gov.mb.ca/justice/cp/cpo/bousa.html

For questions, please contact Laxmi Ravikumar (laxmi.ravikumar@intertek.com, +1-630-209-9265) or Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273).