Tobacco and Vapour Products
What is New?
Following the amendment to the Violation Ticket Administration and Fines Regulation, police (including those listed as designated constables under the Police Act) now have authority to ticket for all contraventions of the TVPCA, TVPCR, and ESR.
Conservation officers now also have the authority to ticket for contraventions of the TVPCA and TVPCR only. See table below.
The B.C Government has repealed section 8 of the E-Substance Regulation (ESR) on plain manner packaging. The ESR, which was enacted under the Public Health Act came into effect July 2020 to address the rising rates of youth vaping and imposed requirements on retailers relating to the sale, packaging, labelling, and reporting of vapour products sold in B.C. Section 8 of the ESR prescribed packaging standards of restricted e-substances and required the nicotine concentration, total volume, a warning statement, and warning symbol to be present on the packaging of the product. Section 8 also required the package to be in a “plain manner” not containing any texts or images, other than the above-mentioned requirements.
Since B.C.’s introduction of the ESR, the federal government introduced the Vaping Products Labelling and Packaging Regulations (VPLPR), which also prescribe vapour product packaging standards. These standards are more comprehensive and prescriptive than the standards that were required under section 8 of the ESR.
The VPLPR requires all vapour products sold in Canada to include the following labelling standards:
- A list of ingredients
- A health warning that nicotine is highly addictive
- The concentration of nicotine
- Warnings regarding the toxicity of nicotine when ingested
Further to the VPLPR requirements, the Tobacco and Vaping Products Act (TVPA) prohibits vapour product manufactures from creating packaging that makes a health claim, promotes vapour products, or attempts to appeal to youth.
Vapour products sold in B.C. must comply with all Federal legislation and regulations. For more information on the requirements for vapour products sold in Canada, including packaging and labelling, please view Health Canada’s Industry Guide.
Health Canada inspectors ensure compliance and enforcement of manufacturers, importers, and retailers of vapour products under the TVPA and Canada Consumer Product Safety Act. The inspectors are responsible for performing inspections of tobacco and vapour product retailers, manufacturers, online based establishments, and any other locations where tobacco and vapour products are sold or promoted.
B.C.’s Tobacco and Vapour Enforcement Officers (TVEOs) work with Health Canada inspectors to ensure that both provincial and federal laws are followed. This means that TVEOs and federal inspectors will continue to ensure that B.C. retailers comply with the packaging and labelling standards outlined in the VPLPR and TVPA.
For details on the new and amended regulations please read the Requirements under the Tobacco and Vapour Products Control Act and Regulation (PDF, 505KB) and Requirements under the Public Health Act and E-Substances Regulation information pages.
In British Columbia, the sale and use of tobacco and vapour products is restricted by a number of laws, regulations and policy, including:
- Tobacco and Vapour Products Control Act
- Tobacco and Vapour Products Control Regulation
- E-Substances Regulation
- Health Hazards Regulation
- Tobacco Tax Act
- other provincial acts and regulations
- acts, regulations and policy set by federal and local governments.
Learn more about tobacco and vapour products legislation, regulation and policy:
Learn more about new requirements for businesses, including the requirement to submit a Notice of Intent to sell vapour products to regional health authorities and reporting requirements:
- Requirements under the Public Health Act and E-Substances Regulation
- B.C.’s E-Substances Regulation: Retailers’ Guide (PDF, 1.3MB)
- Notice of Intent to sell Vapour Products and Reporting
Learn more about how tobacco and vapour products laws are enforced in B.C.: