Last updated: December 5, 2023

Duties / Penalties

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

Post signs

Yes
None
Analysis

The law requires owners and managers to post signs clearly communicating that smoking is prohibited. However, the law does not specify a penalty.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should specify penalties for failure to post no-smoking signs.

Remove ashtrays

No
None
Analysis

The law requires the owner or manager of premises to ensure compliance with provisions of the Act. However, the law does not specifically state that business owners or managers must remove ashtrays.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require business owners or managers to remove ashtrays.

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

Yes
None
Analysis

The law requires the owner or manager of premises to ensure compliance with provisions of the Act by intervening, when necessary, with information and corrective warnings. Any person who smokes despite being requested not to may be removed from the premises.

However, there is no associated penalty for a business owner or manager who fails to ensure compliance.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require business owners or managers to take steps to require a person to stop smoking in a no-smoking area and impose penalties for failing to do so.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Other

(e.g., seizure of the product, publication of the violation/violator)

Analysis

The law imposes a duty upon smokers not to smoke where prohibited. A person who smokes where prohibited may be removed from the premises. However, the law does not provide for a fine for smokers who smoke where prohibited.