Tobacco Reduction Act
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Tobacco Reduction Act
Act: Tobacco Reduction Act
Regulation: Smoke-Free Places Act Signs Regulation; Smoke-Free Places Signs Amendment Regulation; Tobacco Reduction Regulation
To Whom Does This Apply?
Effective January 1, 2008, the Smoke-free Places (Tobacco Reduction) Amendment Act will change the Smoke-free Places Act to become the Tobacco Reduction Act.
When the Tobacco Reduction Act comes into force on January 1, 2008, smoking will be prohibited in all public places and workplaces regardless of whether or not minors are permitted. This includes all bars, bingo halls and casinos.
Eligible Activities
What is included in the definition of public place? Will this include sidewalks? Public parks?
- A public place is defined as all or any part of a building, structure or other enclosed area to which members of the public have access including common areas of multi-unit residential facilities, group living facilities, outdoor bus and taxi shelters, licensed premises, restaurants and hotels.
- The Act does not apply to open areas such as public parks, beaches or campgrounds.
- Under the Tobacco Reduction Act, smoking will also be prohibited within five metres of a doorway, window or air intake of a public place or workplace.
Summary
The Tobacco Reduction Act sets a new minimum standard in the province. If a bylaw contains provisions that are more restrictive, then those provisions would take precedence. This legislation does not affect a municipality’s right to pass stricter bylaws prohibiting smoking.
Signage
Details of signage requirements are included in the Tobacco Reduction Act Regulation.
What are the fines?
Persons found not complying with the Tobacco Reduction Act may be charged with an offense or ticketed. Specifically, if a person contravenes Section 3 of the Act, or a provision in the Regulation they are liable.
- For a first offense, a fine of not more than $1000.
- For a second offence, a fine of not more than $5000.
The Tobacco Reduction Act also specifies that a manager of a place where smoking is prohibited must not permit a person to smoke in that place. Managers are subject to the following –
- For a first offense, a fine of not more than $10,000.
- For a second offense, a fine of not more than $100,000.
Future Requirements
The Tobacco Reduction Act will further restrict tobacco sales in 2008 and 2009.
- On July 1, 2008 retail displays, advertising and promotion of tobacco products will be prohibited.
- On January 1, 2009, tobacco sales will no longer be permitted from health care facilities, public post-secondary campuses, pharmacies, and stores that contain a pharmacy.
For more information on the Act and its regulations please visit www.smokefreeplaces.com or call 422-1350 in the Edmonton area. In Alberta, call toll-free at 310-0000 followed by 780-422-1350.
DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.
