14 April 2003

PC 2003-458

PC 2003-458 is the Order Amending the Designer Remission Order, 2001.

Amendments

1. (1) The definition “name” in section 1 of the Designer Remission Order, 2001 is repealed.

(2) The definitions “original designer apparel”, “recognized apparel designer” and “trade-mark” in section 1 of the Order are replaced by the following:

“original designer apparel” means apparel that is innovative and that is created by a recognized apparel designer and that bears the trade-mark of that designer, permanently affixed, as its principal commercial identification (vêtement de couturier orginal)

“recognized apparel designer” means an individual who

( a ) possess a degree or diploma in fashion design or apparel design from a recognized educational institution or has an equivalent proficiency in the creation of innovative apparel;
( b ) carries out the creation of innovative apparel, including conception of styles, the drafting and development of collections, the preparation of sketches, collection boards or story boards, the selection, sampling and testing of fabrics, the preparation of samples of innovative apparel, and the retention of any records respecting the creation of original designer apparel, or is directly responsible for those activities being undertaken by other individuals employed by the same producer of original designer apparel; and
( c ) has control, whether in their own right or indirectly through a related partnership, corporation, trust or any other entity, over the use of their trade-mark. (couturier reconnu)

“trade-mark” means a word, symbol or design, or any combination of these, used to distinguish the wares of one person or organization from those of others in the marketplace. (marque de commerce)

2. Subsection 2(2) of the Order is replaced by the following:

(2) For the purpose of paragraph (1)(a), producers of original designer apparel are not excluded from this Order if they would be considered solely engaged in the creation, the manufacture, or the contracting of the manufacture, and the sale of original designer apparel but for the fact that they are also engaged in the sale of limited quantities of articles such as footwear, handbags and other articles of leather, scarves or jewelry to complement a collection.

Coming Into Force

2. This Order comes into force on the day on which it is registered.