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Definition of a vapour production
A vapour product (commonly known as an east-cigarette) is divers as: a device that contains an electronic or battery- powered heating element that can vaporize an E-substance. An E -substance is: a solid, liquid or gas that, when heated by the element in an e-cigarette, produces a vapour for use. All E-substances are covered past the new legislation (both those with nicotine and those that are nicotine-free). Both the device and the Due east-substance are subject to restrictions on sale, display, promotion and use.

Definition of a vapour production

A vapour product (commonly known as an east-cigarette) is divers as:

a device that contains an electronic or battery- powered heating element that can vaporize an E-substance.

An E -substance is:

a solid, liquid or gas that, when heated by the element in an e-cigarette, produces a vapour for use. All E-substances are covered past the new legislation (both those with nicotine and those that are nicotine-free).

Both the device and the Due east-substance are subject to restrictions on sale, display, promotion and use.

Requirements for the sale, brandish and promotion of vapour products in British Columbia

What is New?

Prescribed wellness hazards and regulated activities

Under the Public Health Human activity, a wellness hazard every bit a thing, condition, or activity that volition or is likely to endanger public health. In addition, the Public Health Act enables wellness hazards to be identified and addressed in regulation. A health adventure can be a defined condition, affair or activeness either associated with injury or disease, or which fails to run across a certain standard relating to health, injury or illness.

Prescribing certain types of vapour products as wellness hazards allows public wellness officials to better manage the risk of damage they pose, particularly to youth. Under the E-Substances Regulation the following will now be health hazards:

East-substances that incorporate non-therapeutic nicotine
Due east-substances that do not comprise nicotine, nicotine salts or cannabis

Vapour products with contain "non-therapeutic nicotine" are wellness hazards under the Wellness Hazards Regulation. Non-therapeutic nicotine refers to nicotine which is non in the grade of a drug for which a prescription is required or a production, such every bit nicotine gum or lozenge, which is intended to be sued or consumed for tobacco reduction or cessation purposes.

Under the Eastward-Substances Regulation, the sales of these health hazards are a regulated activity. New restrictions on the sales of specific E-substances will be applied to retailers and business owners.

New Requirements

Effective immediately

All E-substances that do not incorporate nicotine, and those that contain both nicotine and cannabis, volition be prohibited for sale
Cannabis-just vapour products continue to exist available for sale through authorized cannabis retailers
Retailers cannot sell whatsoever E-substances that contain just flavoured chemicals (i.e. substances that do not comprise nicotine, or nicotine salts or cannabis)
All advertisement of vapour products that can be seen, accessed, or heard past youth is prohibited. This includes places such as store windows and transit hubs
Business organization owners must notify the Ministry building of Health of their intention to sell restricted E-substances at to the lowest degree 6 weeks prior to their first sale past using the Notice of Intent form

Business owners must study the products they wish to sell to the Ministry of Health at least 6 weeks prior to their first sale by submitting a production report, and a manufacturing report, if applicable
Business owners are required to use the BC E-substances Reporting tool to submit your notification and reporting requirements

As of September fifteen, 2020

Flavoured restricted Due east-substances tin just be sold at historic period-restricted sales premises. All-ages premises may only sell tobacco flavoured due east-substances
Retailers selling restricted East-substances must ensure that the E-substances they sell meet the requirements with respect to labelling, packaging, volume, concentration and flavor
All retailers must comply with notification and reporting requirements under the Due east-Substances Regulation

In that location are ii types of sales bounds in which vapour products may be sold and new requirements for the types of products that each retailer-type can sell:

Age-restricted sales premises – where minors (those under 19 years of historic period) are not permitted to enter and where customers must show proof of their age before buying products.Age-restricted stores include specialized vapour product stores. Tobacco flavoured E-substances and other flavoured restricted E-substances may be sold in an age-restricted sales premises. However, no retailer may sell the flavours listed in Schedule 3 of the federal Tobacco and Vapour Products Human activity
All-ages sales premises - where minors (those under 19 years of historic period) tin enter. These sales premises include gas stations, convenience stores, and any other retail establishment where youth are permitted. Only restricted E-substances that taste or smell of tobacco may exist sold at all-ages sales premises. No other flavours are allowed. The purpose of this brake is to limit the range of choice in vapour products in stores where youth have access

For a complete breakdown of the new requirements for retailers under the new vapour product regulations encounter the B.C.'s E-Substances Regulation: Retailers' Guide (PDF, 1.3MB).

If you are set up to submit your Notice of Intent to sell E-Substances, you tin find the reporting link on the Find of Intent to Sell Due east-Substances and Reporting Requirements folio.

Merely adults can buy vapour products

Any adult over the age of 19 can purchase a vapour production.

Retailers must ensure that they sell vapour products just to people over 19 years of age. Only government-issued identification (eastward.grand. a passport, driver's license or identification carte du jour with a photograph) tin be used to confirm a person's age.

Information technology is illegal to give or provide whatever vapour product to someone nether the age of 19. If you suspect someone is providing vapour products to minors, please contact enforcement staff at your local health authority.

Restrictions on the display and promotion of vapour products in stores

A key goal of the Tobacco and Vapour Products Control Human action and Regulation is to prevent youth from being encouraged to use vapour products by exposure to advert and displays of products and merchandise.

If your store is an all-ages sales premise, then you lot must ensure that the vapour products and any advertisements for vapour products are not visible to minors in your store. Constructive immediately, an amendment to the Tobacco and Vapour Products Command Regulation restricts all public ad and displays from any identify, inside or exterior, where minors can meet, access or hear the ad. This includes any objects like mugs or hats that promote brands or manufacturers of vapour products. Inside your store, you tin inform customers that you have vapour products for sale, using basic signs with full general information such the cost range of single use or refillable products. The information must exist small black messages that on a white background and the page cannot be larger than a standard letter size page
If your store only allows adults (i.due east., ages 19 and over) or if the store has a section of the store that is developed-only, so you may take vapour products and their promotions out on display within the store or within the developed-only section. Even so, you must ensure that people looking into the store or age-restricted section from outside cannot see the vapour products or their advertisements

Whatsoever vending machines that sell vapour products must exist in adult-only venues.

Vapour products advertisements exterior of retail stores and in public places

Effective immediately, an amendment to the Tobacco and Vapour Products Control Regulation has expanded the restriction on public advertising of vapour products. Retailers, manufacturers, distributors, wholesalers or persons acting on behalf of any of these entities, must not annunciate vapour products in any place, inside or exterior, where minors (those under 19 years of age) tin see, admission or hear the advertisement.

Display requirements for vapour products in duty free stores

Duty gratis stores are treated the same as all other retail stores in British Columbia. Duty-free stores that sell vapour products can either end youth from entering their premises or identify these products in age-restricted areas.

In the case of displays of these products in duty free stores, federal legislation does not have precedence over provincial legislation. These laws will continue to be enforced in duty free stores by enforcement officers from health authorities.

Testing vapour products before purchasing

Developed-only stores tin can show customers how to utilize vapour products and test products that they wish to buy, with the following weather:

Retailers/employees can concord and activate vapour products simply for the purpose of showing customers how to utilise the product
Retailers/employees cannot utilize the vapour product
A customer can sample an E-substance in the store if:
- They are testing or sampling products that they intend to purchase and consume off-site; and
- Merely two customers tin can sample vapour products at whatsoever time in a retail store
Retailers must take steps to ensure the 2d paw vapour does not escape to side by side premises or public areas

Stores that cannot sell vapour products

There are a number of public places in B.C. that cannot sell vapour products. Stores in the following locations cannot sell vapour products:

Any publicly owned or leased hospital or healthcare facility
Any publicly owned or leased post-secondary buildings that are used for education, research or student services
Any municipal or regional commune buildings used for athletics, recreation or library services
Any building endemic or leased past government or crown corporations or agencies

Signs required for the sale of vapour products

Under the Tobacco and Vapour Products Control Regulation, anyone selling vapour products must post two mandated warning signs at your cash till or indicate of sale:

Signs required when only vapour products are sold

1. One sign faces the customers and informs them they must be at least 19 years of age to purchase vapour products.
2. A second sign faces the retailer/employee of retailer and reminds them that only those 19 or older with approved identification tin can buy vapour products.

Signs required for the sale of both tobacco and vapour products

Only the signs provided by the Ministry building of Wellness tin can be used. Please contact your local health authority to receive your point of sale signs.

Enforcement

Enforcement officers in the regional health authorities are responsible for enforcing the Tobacco and Vapour Products Command Human activity , the Tobacco and Vapour Products Control Regulation and the East-Substances Regulation.

Their work is guided by a progressive enforcement model that include: pedagogy and awareness, exact alarm, letter warning, ticketing and administrative hearings. Their goal is to ensure everyone is meeting the requirements of the legislation through didactics and progressive enforcement options. Many times, an enforcement officeholder will piece of work with retailers to educate them on the requirements and aid retailers comply with the new laws. Enforcement officers may too use minor test shoppers equally function of their inspection routines.

Penalties

If an enforcement officer believes a retailer or their employee has contravened the Tobacco and Vapour Products Control Act or Regulation, or the East-Substances Regulation the officer has two master options:

A ticket tin can be issued: tickets vary from $345 or $575 depending on the contravention. Fine amounts for contraventions of the Tobacco and Vapour Products Control Human activity and Regulation are provided under the Violation Ticket Administration and Fines Regulation (Schedule ii), B.C. Reg. 89/97.
Every bit of Dec xiii, 2021, ticketing for contraventions of the E-Substance Regulation (ESR) are in force. Retailers could exist subject to fines in the form of a ticket for not-compliance with the regulation. Enforcement of the Tobacco and Vapour Product Command Deed (TVPCA), the Tobacco and Vapour Products Control Regulations (TVPCR) and the ESR continues to be the primary responsibility of Tobacco and Vapour Production Enforcement Officers employed by Regional Health Authorities.

Following the subpoena to the Violation Ticket Assistants and Fines Regulation, police (including those listed as designated constables nether the Police force Act) now take 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 but. Come across tabular array below.

Tobacco and Vapour Products Contraventions and Fine Amounts (PDF, 137.2KB)

Questions or comments may be directed to vaping.info@gov.bc.ca
A request can exist made for an administrative hearing: an administrative hearing is usually for more serious violations and allows both the retailer and enforcement officer an opportunity to provide prove in a hearing. If a contravention is found, adjudicators can prepare budgetary penalties and/or suspend tobacco sales authorizations and prohibit the sale of vapour products. Budgetary penalties range up to $5,000, and suspensions of tobacco sales authorizations and prohibition of auction of vapour products range upwardly to 180 days.

If an enforcement officer has reasonable grounds to believe that an offence has been committed under the new E-Substances Regulation, the officer may event an advent notice to a person which directs them to announced in courtroom. Upon a successful conviction, a gauge will determine the appropriate judgement based on the facts of the example, and the sentencing and penalty provisions under the Public Health Human action.

Delight note that a health officer authorised under the Public Health Act, tin take boosted enforcement deportment that the officer believes is reasonably necessary. This includes issuing orders to a person to comply with the Public Health Deed and E-Substances Regulation and to take actions to prevent harms in relation to a health hazard.