Last updated: February 5, 2021

Duties / Penalties

Duty Imposed Upon Business Owners / Employers / Supervisors
Duty Imposed
Sanction(s)

Post signs

Yes
Fine, Jail
Analysis

The law requires any person responsible for any vehicle, workplace or public place to post signs where smoking is prohibited. A business that violates the law is subject to a fine of two hundred thousand dollars and imprisonment for three months.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs. To more fully align, the law should provide for increasing fines for repeated violations.

Remove ashtrays

Yes
Fine, Jail
Analysis

The law requires any person responsible for any vehicle, workplace or public place where smoking is prohibited to remove ashtrays. A business that violates the law is subject to a fine of two hundred thousand dollars and imprisonment for three months.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to remove ashtrays. To more fully align, the law should provide for increasing fines for repeated violations.

Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)

Yes
Fine, Jail
Analysis

The law requires any person responsible for any vehicle, workplace or public place where smoking is prohibited to not permit any person to smoke there.

The law places a duty on a person responsible for any vehicle, workplace or public place where smoking is prohibited to investigate any complaints and take reasonable action.

A business that violates the law is subject to a fine of two hundred thousand dollars and imprisonment for three months.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to not permit any person to smoke there. To more fully align, the law should provide for increasing fines for repeated violations.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

The law places a duty on persons not to smoke in places where smoking is prohibited. Any person who smokes in any place where smoking is prohibited is liable on summary conviction to a fine of ten thousand dollars for the first offence, and twenty thousand dollars for any second or subsequent offence.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing fines on smokers.