Tobacco and vapour enforcement

Tobacco and Vapour Products Enforcement Program

The Northern Health regional Tobacco and Vapour Products Enforcement Program is committed to protecting public health through rigorous enforcement of provincial regulations governing tobacco and vapour products. We also educate the public, monitor compliance, and enforce relevant laws and legislation.

Legislative framework

Our operations are guided by the following provincial statutes and regulations:

Tobacco and Vapour Products Control Act (TVPCA)
Tobacco and Vapour Products Control Regulation (TVPCR)
E-Substances Regulation (ESR)
Public Health Act (PHA)

These legislative tools collectively prohibit the sale of tobacco and vapour products to minors (under 19 years of age), restrict product display and promotion, ensures the sale of compliant products, and regulates usage in designated areas.

Public engagement and reporting

Inspection reports about enforcement activities and compliance checks are available to the public online at Tobacco and Vapour Inspection Reports.

Complaints reporting

We encourage public participation in our enforcement efforts. To report potential complaints:

Email: php@northernhealth.ca
Phone: 250-565-7322
Online reporting of illegal sales of tobacco/vapour products: Report tax tip

Note: If you are seeking information to make the decision to stop using commercial tobacco products or vapour products visit Northern Health’s smoking and tobacco reduction page. If you’d like to learn about traditional uses of tobacco visit the respecting tobacco page on the First Nations Health Authority (FNHA) website.

Program components

Tobacco and vapour enforcement officers are encouraged to apply safety, respect, courtesy, responsibility guiding principles in enforcing the act(s) and regulation(s) by:

Retailer compliance and education

Objectives:

Enforce laws restricting sale, distribution, advertising, and use of tobacco and vapour products.
Support improved health by reducing tobacco and vapour product use.

Initiatives:

Educating retailers and the public.
Distribution of compliance manuals and other information material to the retailers.
One-on-one consultations with Tobacco and Vapour Enforcement Officers (TVEOs).
Regular updates on legislative changes and best practices.

Inspection and monitoring

Routine inspections:

Conducted by designated TVEOs.
Assessment of product display, advertisement, and mandatory signage.
Verification of retailer authorization and compliance documentation.
Evaluation of age-verification protocols.

Compliance checks:

Utilization of Minor Test Shoppers (MTS) aged 16-18.
Adult compliance checks.
Rigorous protocols to maintain legal and ethical standards.
Collecting and analyzing data to identify trends and high-risk areas.

Enforcement strategy

We employ a progressive enforcement model:

Education and warning:

Verbal and written warnings.
Compliance education.

Administrative sanctions:

Correction orders.
Monetary penalties.

Legal proceedings:

Provincial violation tickets.
Long-form prosecution.
Administrative hearings.

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ESR compliance

Key provisions:

Prohibition of e-substance sales without nicotine or nicotine salts.
Restriction of flavoured e-substance sales to age-restricted premises.
Regulation of nicotine content and volume.
Prohibition of advertising visible to minors.

Enforcement focus:

Age-restricted premises inspections.
Advertising and promotion audits.
Verification of reporting requirements.

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Retailer authorization and reporting

Northern Health requires a Facility Information form (PDF) completed for new tobacco/vapour retailers and when there is a change of ownership to an existing store.

Tobacco retailers (Tobacco and Vapour Products Control Act and Regulation):

Required to register as a retail dealer. You must have a separate Tobacco Retail Authorization (TRA) permit (PDF) (online - eTaxBC) for each retail location where you sell taxable tobacco in BC, including vending machines.
The BC Ministry of Finance administers the sale of tobacco through the Tobacco Retail Authorization and the Tobacco Tax.
Once you have a valid Tobacco Retail Authorization (TRA) permit (PDF) or Tax-Exempt Sale Retail Dealer (ESRD) permit (PDF), you need to complete these forms and submit them to the Ministry of Finance. These forms are sent directly to the Ministry of Finance and are not managed by Northern Health.

Vapour product retailers (E-Substances Regulation):

By using BCER data portal:

Required to submit a Notice of Intent and Product Report to the BC Ministry of Health at least 6 weeks before a restricted e-substance is first sold from a sales premises.
Required to submit Notice of Intent before January 15 of each year that sales are intended to continue.
Required to submit the Sales Report before January 15, report the volume of sales, from the business owner's sales premises, that occurred within the most recent reporting period (the reporting period beginning October 1 of one year and ending September 30 of the next year).
For technical support in submitting your Notice of Intent, or product and manufacturing reports, please email vaping.info@gov.bc.ca, or call toll-free 1-844-915-5005 (8 am to 4:30 pm, Monday to Friday).

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Contact

For inquiries regarding tobacco and vapour product regulations, retailer guidelines, or to report potential violations, please reach out to our dedicated Tobacco and Vapour Enforcement unit:

Email: php@northernhealth.ca.

Our team is available to help with:

Clarification on current tobacco and vapour product legislation.
Information for retailers on compliance requirements.
Submission of complaints related to suspected contraventions.