Instrument Choice Framework for the Canada Consumer Product Safety Act: Summary

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• Consumer products and instrument choice
• Guiding principles
• Choosing instruments
• Contact us

Consumer products and instrument choice

The Consumer Product Safety Program (the Program) strives to protect Canadians by working to address or prevent risks to human health or safety posed by consumer products in Canada, including those that circulate within Canada and those that are imported. The Program, when administrating and enforcing the Canada Consumer Product Safety Act (CCPSA), can rely on a number of instruments to mitigate risks while supporting a fair, safe and competitive economy.

The Instrument Choice Framework (ICF) describes the Program's approach to decision-making when addressing consumer product risks. It sets out five principles that guide the Program in its efforts to mitigate risks and protect the health or safety of Canadians.

Guiding principles

The Program selects the appropriate measures to address the risks posed by consumer products and is guided by the five principles named in the Framework.

1. Instrument choice focuses on effective outcomes

   Instrument choice focuses on desired outcomes, or performance-based solutions. This means that the Program considers instruments based on the results they achieve, instead of focusing solely on setting prescriptive requirements that may lead to those results.

2. Instrument choice is evidence based

   Instrument choice is based on the best evidence available at the time, including historical data. When choosing the proper instrument(s), the Program seeks to maximize objectivity and reduce bias. In the event that there is insufficient scientific evidence available on a consumer product or risk, the Program will use the information available, including similar product hazards and risks, to determine the appropriate instrument(s) and pursue precautionary actions in order to mitigate risks that appear to be serious or irreversible.

3. Instrument choice considers the benefits and costs of each available instrument

   The Program will consider the relative benefits and costs of each instrument to both Canadians and suppliers, and relies on Program experts to choose appropriate instruments based on qualitative assessment. This includes examining the potential impacts on economic growth, entrepreneurship and innovation for the benefit of Canadians and businesses, without compromising the health or safety of Canadians.

4. Instrument choice strives for transparency and consistency

   The Program strives for transparency and consistency by making the ICF publically available, encouraging suppliers to provide information related to product risks, choosing instruments according to the principles of the ICF, and publishing consumer product recalls and safety alerts.

5. Instrument choice considers a range of regulatory and non-regulatory instruments

   Instrument choice is an iterative process and will consider a range of regulatory and non-regulatory instruments to manage consumer product risks. Each of these instruments will have different strengths and weaknesses. The ICF will enable the Program to select instruments based on their relative merits in a given situation.

Choosing instruments

The Program ultimately preserves the right to select any instrument or combination of instruments that it deems appropriate, but where multiple solutions can lead to an effective outcome that addresses the identified risk, the Program generally favours solutions that:

• Allow suppliers the opportunity to proactively address consumer product risks
• Quickly and permanently reduce consumer product risks
• Achieve effective management of consumer product risks while minimizing the regulatory burden and costs to suppliers and consumers
• When appropriate, address risks through the use of non-regulatory instruments or the General Prohibitions by aligning requirements with existing standards or international requirements, rather than establishing new regulatory requirements under the CCPSA

The Program implements actions based on priorities, with consideration given to the most urgent situations and most significant health or safety risks to Canadians.

Contact us

For a copy of the full Instrument Choice Framework for the Canada Consumer Product Safety Act, please contact us at CCPSA-LCSPC@hc-sc.gc.ca.