LANGUAGE
Last updated: November 12th 2019

Duties / Penalties

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

Post signs

Yes
Fine
Expand to view related litigation.
Analysis

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

Uncertain
None
Analysis

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)

Yes
Fine
Expand to view related litigation.
Analysis

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.

Other

Yes
Fine
Expand to view related litigation.
Analysis

Employers and persons acting on behalf of employers shall ensure that persons refrain from smoking in any work space under the control of the employer where smoking is banned.

Provincial and territorial laws typically place an obligation on employers/proprietors to not allow smoking in workplaces and public places where smoking is banned.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)
 

Not to smoke where prohibited

Yes
Fine
Expand to view related litigation.
Analysis

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.