Last updated: June 5, 2024

Duties / Penalties

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

Post signs

No
None
Analysis

The law does not impose a duty upon business owners/employers to post no-smoking signs.

FCTC Art. 8 Guidelines para. 31 states: “The legislation should place the responsibility for compliance on the owner, manage or other person in charge of the premises, and should clearly identify the actions he or she is required to take. These duties should include: a) a duty to post clear signs at entrances and other appropriate locations indicating that smoking is not permitted. . . .” Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on owner/managers to post “No Smoking” signs.

Remove ashtrays

No
None
Analysis

The law does not impose a duty upon business owners to remove ashtrays.

FCTC Art. 8 Guidelines para. 31 states: “The legislation should place the responsibility for compliance on the owner, manage or other person in charge of the premises, and should clearly identify the actions he or she is required to take. These duties should include . . . b) a duty to remove ashtrays from the premises . . .” Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on owner/managers to remove ashtrays.

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

No
None
Analysis

The law does not impose a duty upon business owners/supervisors to take steps to require a person to stop smoking.

FCTC Art. 8 Guidelines para. 31 states: “The legislation should place the responsibility for compliance on the owner, manage or other person in charge of the premises, and should clearly identify the actions he or she is required to take. These duties should include . . . d) a duty to take reasonable specified steps to discourage individuals from smoking on the premises.” Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty on owner/managers to take steps to stop a person from smoking.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

Persons who continue to smoke in a place where smoking is prohibited after they have been warned to stop smoking are liable to a fine. However, the law does not specify the amount of the fine.

The law imposes fines on smokers but not on business owners or managers. FCTC Art. 8 Guidelines para. 31 states: “The legislation should place the responsibility for compliance on the owner, manager or other person in charge of the premises”. The Guidelines, paragraph 32, further state that larger fines should be imposed on business owners than smokers. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should state the amount of the fine that smokers are subject to, and should impose higher fines on business owners that fail to take steps to ensure compliance with the law.