G/TBT/N/CAN/620/Add.1  
 
10 May 2022  
(22-3644) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English /French  
 
NOTIFICATION  
Addendum  
The following communication , dated  10 May 2022, is being circulated at the request of the delegation 
of Canada . 
 
_______________  
 
 
Title:  Repealing Section 8 of the E -Substances Regulation  
 
Reason for Addendum:  
[ ] Comment period changed - date:   
[ ] Notified measure adopted - date:  
[ ] Notified measure published - date:  
[ ] Notified measure enters into force - date:  
[ ] Text of final measure available from1:  
[ ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[ ] Content or scope of notified measure changed  and text available from1:  
New deadline for comments (if applicable):   
[ ] Interpretive guidance issued and text available from1:  
[X] Other:  
Repealing Section 8 of the E -Substances Regulation – date: 4 April 2022 
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/186_2020#section
8 
E-Substances Regulation can be found at:  
https://www.bclaws.gov.bc.ca/civix/docu ment/id/crbc/crbc/186_2020  
 
Description:  British Columbia (B.C.) enacted the E -Substances Regulation (ESR) in July 2020 as 
part of a multi -pronged effort to address the increase in youth vaping and to protect users from the 
potential harms associated with  the use of vapour products. The ESR introduced requirements for 
B.C. retailers by restricting the sale and distribution of certain vapour products, placing restrictions 
on the strength of nicotine contained in e -substances, implementing packaging and labe lling 
requirements, and establishing reporting and notifying requirement.  
Section 8 of the ESR set out packaging and labelling requirements for vapour products being sold 
by B.C. retailers. They included:  
1. Stating the nicotine concentration of the e -substance  
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/CAN/620/Add.1  
 
- 2 - 
 
  2. Stating the total volume of the e -substance  
3. Stating the following warning: "WARNING: nicotine is highly addictive"  
4. Showing a specific warning symbol (Schedule 1 of the ESR)  
5. Stating the manufacturer details, the brand and product name, and  the type of product  
On 1 July 2020, the Government of Canada introduced the Vaping Products Labelling and Packaging 
Regulation (VPLPR), which included new requirements for the packaging and labelling of vapour 
products. The labelling and packaging require ments under the VPLPR are very similar to those of 
B.C.'s ESR, and therefore duplicative.  
B.C. has taken steps to repeal section 8 of the ESR because of the introduction of the VPLPR , and 
due to concerns raised by manufacturers and retailers over their ability to comply with the packaging 
and labelling requirements set out in the ESR. B.C. is confident that the VPLPR upholds 
comprehensive and enforceable standards that ensure that use rs have access to transparent, 
accurate and informative product details. By repealing Section 8 of the ESR B.C. is aiming to 
eliminate any potential confusion for manufacturers that may be created by the existence of two 
sets of labelling and packaging req uirements.  
Following section 8 of the ESR being repealed, manufacturers will only be required to comply with 
the packaging and labelling requirements under the VPLPR to have their products sold by B.C. 
retailers.  
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