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"Point in Time" Regulation Content

Public Health Act

E-Substances Regulation

B.C. Reg. 186/2020

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 April 4, 2022
Section 8 April 4, 2022
Section 14 April 4, 2022
Section 16 September 15, 2021
Schedule April 4, 2022

 Section 1 definition of "package" BEFORE repealed by BC Reg 87/2022, effective April 4, 2022.

"package" means a material, substance or object that is

(a) used to protect, contain or transport a vapour product, or

(b) attached to a vapour product or the vapour product's container for the purpose of marketing or communicating information about the vapour product;

 Section 8 BEFORE repealed by BC Reg 87/2022, effective April 4, 2022.

Packaging standards

8   (1) Subject to any enactment of Canada, a retailer must not sell a restricted e-substance unless the product is packaged in a plain manner that does not contain any text or image other than as required or permitted under this section.

(2) A retailer must not sell a restricted e-substance unless the package

(a) states the concentration of non-therapeutic nicotine in the restricted e-substance,

(b) states the total volume of restricted e-substance within the package or, if the package includes multiple cartridges or containers, the volume of restricted e-substance held or that may be held in each cartridge or container,

(c) states "WARNING: nicotine is highly addictive", and

(d) shows the warning symbol set out in the Schedule.

(3) A retailer is permitted to sell a restricted e-substance in a package that states one or more of the following:

(a) the name and contact information of the manufacturer;

(b) the brand name and product name;

(c) the type of product.

 Section 14 BEFORE amended by BC Reg 87/2022, effective April 4, 2022.

14   A person who contravenes section 4 (1) or (2), 5 (1), 6 (1) or (2), 7 (1), 8 (1) or (2), 10 (1) or (2), 11 (1) or (2) or 12 (2) or (3) of this regulation commits an offence.

 Section 16 BEFORE self repealed by BC Reg 186/2020, effective September 15, 2021.

Transition for existing stock

16   (1) In this section:

"effective date" means the date on which this section comes into force;

"existing stock" means vapour products that, on the effective date, a previous seller

(a) possesses, or

(b) has contracted for but has not yet taken possession of;

"previous seller" means a retailer who was lawfully selling vapour products immediately before the effective date.

(2) Despite sections 6 to 8 [restrictions and packaging standards], a previous seller may, until September 15, 2020, sell existing stock in contravention of those provisions.

(3) Despite sections 5, 10 and 11 [notice required before sale and reports] but subject to subsection (4), a previous seller may sell restricted e-substances on or after the effective date if the previous seller gives, before September 15, 2020,

(a) a notice of intent in accordance with section 5 (2) (a) and (b), and

(b) reports in accordance with sections 10 (1) (a) to (g) and 11 (1).

(4) A previous seller who gives a notice of intent and reports as described in subsection (3) after August 3, 2020 but before September 15, 2020 may not sell restricted e-substances after September 15, 2020 until at least 6 weeks have passed since the date on which the previous seller gave the notice of intent and reports.

(5) This section is repealed September 15, 2021.

 Schedule BEFORE repealed by BC Reg 87/2022, effective April 4, 2022.

Schedule

(Section 8 (2) (d))

Warning symbol

1   The warning symbol that must be included for the purposes of section 8 (2) (d) [packaging standards] is as follows: