Last updated: September 21, 2022

Duties / Penalties

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

Post signs

Yes
Fine
Analysis

The 2007 Law, Art. 2 (which adds Art. 6 Bis (3) to the 1981 Law) imposes a general duty upon managers of smoke free places to prevent smoking. The Bylaw imposes a specific duty on managers of smoke free places to post no-smoking signs. The 2007 Law establishes a fine between 1,000 and 20,000 pounds for failure to comply.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to the duty to post signs.

Remove ashtrays

No
None
Analysis

The 2007 Law, Art. 2 (which adds Art. 6 Bis (3) to the 1981 Law) imposes a general duty upon managers of smoke free places to prevent smoking. However, neither the Law nor the Bylaw imposes a duty to remove ashtrays.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

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

Yes
Fine
Analysis

The 2007 Law, Art. 2 (which adds Art. 6 Bis (3) to the 1981 Law) imposes a general duty upon managers of smoke free places to prevent smoking. Failure to comply is punishable by a fine between 1,000 and 20,000 pounds. Neither the law nor the bylaw states the specific steps a manager must take.

The 1994 Law imposes a fine between 1,000 and 20,000 pounds upon managers of smoking-restricted establishments for failure to prevent smoking in smoke free areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a duty to prevent smoking. However, to improve enforceability, the law or bylaws should state the specific steps a manager should take, such as warning, discontinuing service (if applicable), and calling authorities, as recommended by the FCTC Art. 8 Guidelines.

Duty Imposed Upon Smokers
Duty Imposed
Sanction(s)

Not to smoke where prohibited

Yes
Fine
Analysis

The 2007 Law, Art. 2, (which adds Art. 6 Bis (3) to the 1981 Law) imposes a fine between 50 and 100 pounds upon those that smoke in smoke free places.

The 1994 Law imposes a fine between 10 and 50 pounds for those who smoke on public transit.

These provisions align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.