Last updated: December 14, 2020
Duties / Penalties
Post signs
The law imposes a duty upon occupiers (defined in the law as “a person who has possession, control or is otherwise in charge of a public place”) to post signs identifying smoke free areas. The law also dictates the size of the sign, the color and font, and the content of the text.
An occupier who violates the law is subject to a fine of $5,000 or to imprisonment for a term of 12 months or to both. For repeated offenses, occupiers face a further fine of $200 for each day after the initial violation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines regarding posting smoke-free signs.
Remove ashtrays
The law imposes no specific duty upon business owners, employers, and supervisors to remove ashtrays from the premises.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or another person in charge of the premises to remove ashtrays from the premises.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law imposes a duty on occupiers (defined in the law as “a person who has possession, control or is otherwise in charge of a public place”) to prevent a person from smoking in a public place under their control. An occupier who violates the law is subject to a fine of $5,000 or to imprisonment for a term of 12 months or to both. For repeated offenses, occupiers face a further fine of $200 for each day after the initial violation.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines.
Not to smoke where prohibited
The law provides that a person who smokes in a public place where a no smoking sign is displayed is subject to a fine of $500 or to imprisonment for a term of 12 months or to both.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, to further align, the law should impose increased fines for repeat offenses.
