In British Columbia, a variety of laws govern the sale and use of tobacco and vapour products. Legislation is a key tool in:
Learn more in previous notices to retailers:
The Ministry of Health administers the Tobacco and Vapour Products Control Act and Regulation, and the five regional health authorities enforce them.
The Tobacco and Vapour Products Control Act and Regulation regulate the use, sale, promotion and display of tobacco products. This legislation covers the following areas:
The E-Substances Regulation and the Health Hazards Regulation under the Public Health Act names the following as health hazards:
Naming these as health hazards allows public health officials to better manage their risks, particularly to youth. This means selling e-substances is a regulated activity under the Public Health Act.
The E-Substances Regulation outlines regulations on the sale, distribution, and packaging of vapour products. It also includes the reporting requirements for vapour product retailers. For more details on vapour retailer requirements, see the B.C.’s E-Substances Regulation: Retailers’ Guide (PDF, 1.4MB) and the Requirements for tobacco and vapour product retailers page.
Tobacco taxes are effective for preventing youth from smoking and reducing tobacco use. Restrictions on youth access and promotion and display of tobacco are based on research that shows it’s more common for youth to start smoking than adults.
The Ministry of Finance administers the Tobacco Tax Act and Regulation. Retailers who wish to sell tobacco must apply for a Tobacco Retailer Authorization Certificate (PDF, 264KB). A separate certificate is required for each location where tobacco is sold.
The Ministry of Finance’s focus is the registration and tax of tobacco sales, but they may work with enforcement officers when someone violates these statutes. Enforcement officers’ investigations may include examining sales records, inventory records, tobacco stamps and tear tapes on inventory. The Ministry of Health and the Ministry of Finance are legally entitled to share information about authorized tobacco retailers in B.C.
There are other laws in B.C. that affect the usage of tobacco and vapour products. These laws include the following.
B.C’s Violation Ticket Administration and Fines Regulation, B.C. Reg. 89/97 provides the fine amounts for contraventions under tobacco and vapour product legislation.
B.C.'s Motor Vehicle Act bans smoking and vaping in motor vehicles when individuals under the age of 16 are inside. This protects them from second-hand smoke.
B.C.’s Residential Care Regulation (Section 23) restricts smoking and vaping at residential care facilities.
B.C.’s Child Care Licensing Regulation (Section 13(3)) restricts smoking and vaping at licensed childcare facilities.
B.C.'s Occupational Health and Safety (OHS) Regulation restricts smoking and vaping to prevent second-hand smoke in the workplace.
Canada's Tobacco and Vapour Products Act and Regulation regulates the manufacturing, labelling, sales, displaying and advertising of all tobacco and vapour products across Canada to help protect the health of Canadians.
Many local governments in B.C. have additional tobacco and vapour product laws. Check with your local government for details.