Notice of intent to sell e-substances and reporting requirements

A new E-Substances Regulation (‘the ESR’) has been introduced as part of a multi-pronged effort to address the increase in youth vaping. The ESR has introduced new requirements related to the sale, of vapour products under the Public Health Act. New requirements include: 

  • Prescribing health hazards and regulated activities under the Public Health Act
  • Restrictions on the sale and distribution of vapour products
  • Packaging and labelling requirements for vapour products
  • Reporting requirements for retailers of vapour products, including the requirement to submit a Notice of Intent to Sell E-Substances to the Ministry of Health 

Notice of Intent to Sell E-Substances

Notice of Intent to Sell E-Substances form.

Business owners must notify the Ministry of Health of their intent to sell restricted E-substances by submitting a Notice of Intent to Sell E-Substances form to the Ministry of Health.

The Notice of Intent to Sell E-Substances form is required for each separate sales premises for your business and for the sale of non-therapeutic nicotine e-substances.

Business owners will be required to submit the following information:

  • The legal name of the business
  • The name under which business conducted
  • Address of sales premises from which restricted e-substances are sold
  • The phone number for sales premises
  • Email address for sales premises
  • Webpage for sales premises (if applicable)
  • If persons under 19 years of age are permitted on the premises of the sale
  • Health authority in which the sale premises is located

IMPORTANT DATES TO BE AWARE OF: If an existing retailer wishes to sell restricted e-substances after September 15, 2020, the business owner must submit the Notice of Intent and product report (and manufacturing report, if applicable) a minimum of 6 weeks before September 15, 2020. The Notice of Intent must also be submitted prior to January 15 of each year that a retailer intends to continue sales.

By completing this form, you will be submitting your Notice of Intent to the Ministry of Health, notifying the Ministry of your intent to sell restricted e-substances in British Columbia:

Business owners that fail to submit their Notice of Intent and that fail to comply with the new reporting requirements may be subject to offences under the Public Health Act.

Product reporting

As a business owner who sells or intends to sell e-substances in British Columbia, you are required to provide product information reports for each restricted e-substance you intend to sell.

Product reports must be submitted at least 6 weeks prior to selling a restricted e-substance at retail.

A product report must include the following information for each restricted e-substance that will be sold from the sales premises.

  • The name and contact information of the manufacturer
  • The brand name and product name
  • The type of product
  • The concentration of nicotine (in mg/mL)
  • The capacity (in mLs), of either the refillable container, or the tank/cartridge to hold the E-substance
  • A list of all the ingredients in an E-substance (both the common and scientific names unless one of these names is not available from the manufacturer)

Product information must be submitted by email to vaping.info@gov.bc.ca and must include the legal business name in the subject of the email. 

If any of the above information changes for a restricted e-substance product, the business owner must report this change to the Ministry within 7 days of selling the changed product. 

Manufacturing reporting

As a business owner, if a retailer formulates, packages, re-packages or prepares restricted e-substances for sale at your sales premises, you are required to provide information about those e-substances.

Manufacturing reports must be submitted at least 6 weeks prior to selling the restricted e-substance at the retail location.

A manufacturing report must include the following information for each restricted e-substance that will be sold from the sales premises.

  • Name and contact information of the manufacturer of each ingredient
  • Both the common and scientific names of each ingredient, unless one of these names is not available from the manufacturer

Sales reporting

Prior to January 15 of each year, business owners must report the vapour product sales that have occurred during a specified reporting period.

For each type of vapour product sold, a business owner must report on:

  • The number of containers and cartridges sold, grouped by brand name and product name
  • The volume (in mLs) of each restricted E-substance in the product
  • The flavour, if the restricted E-substance in the product is flavoured

The sales information must be collected during the reporting period of October 1 in one year to September 30 of the following year. The sales volume data collected during this reporting period must be reported by the business owner before January 15, of every year (i.e. all business owners must report the previous year’s sales figures by this date). For example, business owners must submit their first sales report by January 15, 2022, for the sales period of October 1, 2020, to September 30, 2021.

For technical support in submitting your Notice of Intent or product and manufacturing reports, please email vaping.info@gov.bc.ca

Further information on the E-Substances Regulation and information for retailers is available on the Ministry of Health website.

The full text of the E-Substances Regulation is available on the BC Laws website.