Last updated: February 26, 2020

Duties / Penalties

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

Post signs

Yes
None
Analysis

The law requires managers of smoke free places and operators of smoke free vehicles to "cause to be displayed a suitable and sufficient number of notices of an adequate size in conspicuous positions therein stating to the effect that smoking is prohibited by law." The law authorizes the Director General of Health Services to issue regulations regarding such signs; however, no such regulations have yet been issued as of the date of this review. Any manager or operator who fails to display the required signs is subject to a fine of $1000. The Director General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.

The law aligns with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 31. However, to more fully align, the Director General should issue regulations specifying the form and content of the signs, which may identify a telephone number to report violations and the name of the person to whom complaints should be addressed. The law might also include administrative sanctions, such as suspension of business license for failure to comply.

Remove ashtrays

No
None
Analysis

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

To align with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 31(b), the law should impose a duty to remove ashtrays.

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

Yes
None
Analysis

The law provides that the manager of a smoke free place or operator of a smoke free vehicle "shall require any person who smokes ... a) to cease smoking immediately ... b) if that person refuses, neglects or fails to cease smoking, he shall require him to leave the specified place or specified vehicle immediately. "If the person refuses to leave, the manager or operator shall seek the assistance of the police. If a manager or operator fails to comply with these provisions, he/she is subject to a fine of up to $1000 and in the case of a second offense, a fine up to $2000. The Director General of Health Services of an authorized person may compound this offense by collecting a sum not exceeding $500.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty to take steps to require a person to stop smoking. To more fully align, the law might also include administrative sanctions, such as suspension of business license for failure to comply.

Other

Yes
None
Analysis

If a person lodges a complaint about another person smoking in a smoke free place, it is the duty of the manager of the place or operator of the vehicle to investigate the complaint and to take action if the complaint is found to be true.

A manager of a place or operator of a vehicle that violates this provision is subject to a fine of up to $1000 for the first offense and up to $2000 for the second offense. The Director General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
None
Analysis

The law imposes a duty on smokers not to smoke where prohibited and imposes a fine of up to $1000 on those who smoke in smoke free places. The Director General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.

The law imposes the same fine on smokers as it does on businesses that fail to comply. The FCTC Art. 8 Guidelines recognize that larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.

To more fully align with the FCTC Art. 8 Guidelines, the drafters of the law might consider whether the fines serve as adequate deterrents, and whether larger fines for businesses than individuals might be appropriate.