As a business owner, you are responsible for ensuring that your business complies with the new requirements on creating a smoke-free environment. If you are a tobacco retailer, you have additional responsibilities for ensuring that your business complies with the restrictions on displaying and promotion of tobacco and tobacco products.

If you are an owner of a hospitality sector establishment, click here for further information. If you are a tobacco retailer, click here.

What are my responsibilities?
Which places must be smoke-free?
What signage do I have to display?
Am I responsible for enforcing the buffer zone outside my doorway, when the door opens onto public property, such as a public sidewalk?
How is the law being enforced?
What are the penalties for not complying with the tobacco laws?

What are my responsibilities?

As a manager, owner, or lessee, you have a legal responsibility to prevent people from contravening the tobacco laws. You may not be held responsible if you can demonstrate that you exercised reasonable care and diligence to prevent the contravention of the law. It is therefore up to you to take reasonable steps to ensure that your customers, members and visitors are aware that your premises are smoke-free. This includes buffer zones and work vehicles.

Which places must be smoke-free?

The new tobacco law applies to virtually all enclosed and substantially enclosed public places and work places. This includes both permanent structures and temporary ones such as marquee tents. This also means that indoor smoking rooms are no longer allowed in any business.

Places are considered fully or substantially enclosed if they have a roof or other type of covering, and more than 50% of the “nominal wall space” prevents the air from flowing easily through it.

If you require further guidance on whether your premises are enclosed or substantially enclosed please contact your local health authority.

Am I responsible for enforcing the buffer zone outside my doorway, when the door opens onto public property, such as a public sidewalk?

Business owners are required to take reasonable steps to prevent people from smoking on their property within the 3 metre buffer zone. They are not required to enforce the law on public property such as sidewalks, unless the person is within the control of the owner (such as a customer or patron) or is an employee.

What signage do I have to display?

While signage is not specifically required by law, you are required to take reasonable steps to ensure that people do not smoke where smoking is not allowed. Signs are an excellent way to communicate that premises and vehicles are smoke-free, and also demonstrate that you are taking necessary steps to meet the requirements of the law.

You can make your own signs, or you can download signs from this site.

How is the law being enforced?

Tobacco laws are enforced by persons appointed as enforcement officers under the Tobacco Control Act. These persons are employed by local health authorities.

What are the penalties for breaking the tobacco laws?

As an owner, manager or lessee, violations of smoke-free provisions could result in a fine for you and/or the smoker. Retailers who violate the restrictions on advertising and promotion of tobacco products could face administrative penalties and fines. The amount of these fees and penalties are established by regulation.