G/TBT/N/CAN/620  
7 October 2020  
(20-6853) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English, French  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  CANADA   
If applicable, name of local government involved (Article 3.2 and 7.2):  
Government of British Columbia  
2. Agency responsible:  British Columbia Ministry of Health  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Ministry of Health  
Government of British Columbia  
Mailing Address: PO Box 9646  
STN PROV GOVT  
Victoria (British Colombia) V8W 9P1  
Canada  
Tel: +1 250 952 -1731  
Fax: + 1 250 952 -1021  
Email: vaping.info@gov.bc.ca  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Vapour 
products (code SH 8543.70); Tobacco, tobacco products and related equipment (ICS 
65.160)  
5. Title, number of pages and language(s) of the notified document:  E-Substances 
Regulation (11 pages, in English)  
6. Description of content:  The new E -Substances Regulation ('the ESR') has been 
introduced as part of a multi -pronged effort to address the increase in youth vaping in 
British Columbia, Canada and to protect users from the potential harms associated with 
use of vapour products.  
Under the E-Substances Regulation  the following will now be health hazards:  
• E-substances that contain non -therapeutic nicotine  
• E-substances that do not contain nicotine, nicotine salts or cannabis  
Under the E-Substances Regulation, the sale of these health hazards is a regulated 
activity. The ESR introduces new requirements that are placed on retailers, restricting the 
sale and distribution of certain vapour products, places restrictions on the strength of 
nicotine contained in e -substances, implements packaging and labelling requirements for 
the goods and establishes reporting requirements.  G/TBT/N/CAN/620  
 
- 2 - 
 
  7. Objective and rationale, including the nature of urgent problems where 
applicable:  The objective of this measure is to control the sale of certain vapour products 
and limit the hazardous health impacts associated with vaping. The new regulatory 
requirements were developed after public consultation, to address an alarming increase 
of vaping in the youth population and in  response to health and safety issues emerging 
in 2019. The ESR enhances existing regulatory measures in place which prevent youth 
from accessing, using or being enticed by these products; places restrictions on the 
strength of nicotine that can be sold in  e-substances, in addition to other measures which 
restrict the types of products that retailers can sell; and is designed to be proactive and 
combat the potential for widespread vaping related illness through increasing the 
oversight of products and retai lers by way of regulations ; Other  
8. Relevant documents:   
https://www.bclaws.ca/civix/document/id/complete/statreg/186_2020  (English)  
9. Proposed date of adoption:  20 July 2020  
Proposed date of entry into force:  20 July 2020 ; (with a transition period with respect 
to some provisions until 15 September 2020).  
10. Final date for comments:  Not applicable  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
The electronic version of the regulations can be downloaded at:  
https://www.bclaws.ca/civix/document/id/complete/statreg/186_2020