Last updated: April 13, 2020
Duties / Penalties
Post signs
The law imposes a duty upon the person in control of a public place or workplace to post no-smoking signs at each entrance and other appropriate locations and in sufficient numbers to alert employees and the public. Signs must include the "no smoking" symbol and state "NO SMOKING" in black capital letters on a white background.
A person who violates this provision is subject to a fine of 750 penalty units and a term of imprisonment of not more than three years, or both. In the case of a continuing offense, the violator is subject to an additional fine of 10 penalty units for each day the offense continues.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for penalties for violations and additional penalties for continuing violations. To align more fully, the drafters of the law should consider the imposition of additional types of penalties such as license suspension or revocation.
Remove ashtrays
The Public Health Act imposes a duty upon a person in control of a public place or workplace to remove ashtrays. A person who violates this provision is subject to a fine of 750 penalty units and a term of imprisonment of not more than three years, or both. In the case of a continuing offense, the violator is subject to an additional fine of 10 penalty units for each day the offense continues.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for penalties for violations and additional penalties for continuing violations. To align more fully, the drafters of the law should consider the imposition of additional types of penalties such as license suspension or revocation.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The Public Health Act imposes a duty upon a person in control of a public place or workplace to take steps to stop a person from smoking. A person who violates this provision is subject to a fine of 750 penalty units and a term of imprisonment of not more than three years, or both. In the case of a continuing offense, the violator is subject to an additional fine of 10 penalty units for each day the offense continues.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it provides for penalties for violations and additional penalties for continuing violations. To align more fully, the drafters of the law should consider the imposition of additional types of penalties such as license suspension or revocation.
Other
A person who violates this provision is subject to a fine of 750 penalty units and a term of imprisonment of not more than three years, or both.
Not to smoke where prohibited
The law imposes a duty upon a person not to smoke where prohibited. A person who violates this provision is subject to a fine of 750 penalty units and a term of imprisonment of not more than three years, or both.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes penalties on a person who violates no-smoking provisions. However, the law imposes the same penalties upon smokers and persons in control of establishments who violate provisions. The FCTC Art. 8 Guidelines state: “larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.” Therefore, the drafters of the law should consider imposing different classes of penalties for smokers and business owners/supervisors.
