Last updated: July 20, 2021
Duties / Penalties
Business Owners / Employers / Supervisors
Post signs
The Non-smokers' Health Regulations require federally-regulated employers to post "No Smoking" signs.
Under the Non-smokers' Health Act, employers who fail to post signs are liable:
a) for a first offense, to a fine not exceeding 1,000 dollars;
b) for a subsequent offense, to a fine not exceeding 10,000 dollars.
These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that they provide for graded fines and increased fines for repeat offenses.
Sub-national jurisdictions also impose a duty to post signs.
Remove ashtrays
There is no national law that imposes a duty upon business owners, employers, or supervisors to remove ashtrays from the premises.
Some sub-national laws prohibit ashtrays in workplaces and public places where smoking is prohibited. However, a full analysis of all those sub-national laws is beyond the scope of this national legislation database; therefore, the regulatory status “Uncertain” is given.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Violators of Section 5(3) (duty on employees to request a passenger on public transport to refrain from smoking) are subject to:
a) for a first offense, a fine not exceeding fifty dollars;
b) for a second offense, for a fine not exceeding 100 dollars.
Violators of Section 5(4) (duty on employers to require a passenger on public transport to disembark at the next scheduled stop when a passenger refuses to comply with a request to stop smoking) are subject to:
a) for a first offense, to a fine not exceeding 1,000 dollars;
b) for a subsequent offense, to a fine not exceeding 10,000 dollars.
These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that they provide for graded fines and increased fines for repeat offenses.
Many sub-national jurisdictions also impose a duty upon business owners to take steps to require a person to stop smoking.
Not to smoke where prohibited
A person who smokes in a no-smoking area is subject to a fine of up to 50 dollars for the first offense and up to 100 dollars for the subsequent offense.
These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that they provide for graded fines and increased fines for repeat offenses.
Sub-national jurisdictions also impose a duty upon smokers not to smoke where prohibited.
