Last updated: December 15, 2021
Duties / Penalties
Post signs
The regulations require that the managers, owners, or lessees of smoke free premises is required to post a “No Smoking” sign as set out in the Third Schedule at each entrance and in one additional prominent location. In tourist establishments (e.g., hotels), signs must be displayed at the reception area, the entrances to all other main buildings, and all dining areas. Each sign must be at least 216 mm by 279 mm and should be placed at eye level. On public transport, managers must post at least one sign in each compartment. Each sign must be at least 76 mm by 229 mm.
Individuals who violate the regulations are subject to a fine not exceeding $10,000 for a first offense. For a second offense, violators are subject to a fine not exceeding $25,000. For any subsequent offense, violators are subject to a fine not exceeding $50,000. In the case of a corporate entity, a fine of up to $1,000,000 may be imposed.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty upon business owners/managers to post “No Smoking” signs and providing a range of penalties which increase with repeat offenses.
Remove ashtrays
The law does not impose a duty upon business owners/employers/supervisors to remove ashtrays.
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
The law does not impose a duty upon business owners/employers/supervisors to take reasonable steps to require a person to stop smoking.
Not to smoke where prohibited
(e.g., seizure of the product, publication of the violation/violator)
The regulations provide that any person who “smokes or holds a lit or electronic tobacco product in or within a five metre radius of the entrance, exit, window or ventilation intake of a public place, workplace or public conveyance . . . commits an offence.”
Individuals who violate the regulations are subject to a fine not exceeding $10,000 for a first offense. For a second offense, violators are subject to a fine not exceeding $25,000. For any subsequent offense, violators are subject to a fine not exceeding $50,000. In addition, an authorized officer may remove an offending person from the premises or public conveyance.
The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty on individual smokers and providing a range of penalties which increase with repeat offenses.
