Model Legislation for Tobacco Control: A policy development

PART 6: PROTECTION FROM TOBACCO SMOKE
d. Smoking in places of collective use. No person shall smoke in any public
place of collective use.
e. No smoking signs. The owner or occupier of any enclosed public place
and place of collective use, or employer, as applicable, and the owner
or operator of any public conveyance, shall post signs prominently on
the premises or in the conveyance stating that smoking is not permitted
[or in the case of enclosed public places or workplaces, is permitted
only in designated separately ventilated rooms, if allowed by
the owner/occupier or employer]. Signs shall meet the requirements in
Annex A and shall comply with any requirements in implementing regulations.
f. Obligations to ensure compliance.
I. It shall be the duty of the owner or occupier of any enclosed public
place and any place for collective use, employer, and the owner
or operator of any public conveyance, as applicable, to take all
reasonable steps to ensure that no person smokes in violation of
the provisions of this Part. Taking reasonable steps includes,
but is not limited to: asking an offending person to stop smoking;
demanding that the offending person who continues to smoke leave
the premises or the conveyance when this can be done safely; refusing
further service; in the case of an employee, disciplining, including
dismissing the offending person from employment; and seeking
the assistance of law enforcement personnel in cases where
the offending person refuses to stop smoking or leave the premises
or conveyance.
II. No owner or operator of any enclosed public place, any place of
collective use, or public conveyance, and no employer, as applicable,
shall permit the placement of ashtrays in any place under their control
[other than in a designated smoking room in an enclosed public
place or workplace, if applicable].
III. No owner or operator of any public place, public place for collective
use, or public conveyance, and no employer, as applicable, or any
of their agents, shall retaliate against any person or employee who
asserts his or her right to a smoke-free environment or who reports
any violation under this Part.
g. Establishment of a smoke-free environment. Nothing in this part shall
require an owner, occupier or employer to designate separately ventilated
rooms for smoking.
8. The rights of non-smokers prevail. In interpreting the provisions of this Part,
the rights of non-smoking members of the public and workers shall prevail
and any question that may arise as to whether smoking is permitted in any given
situation shall be resolved in favor of protecting non-smokers.
MODEL TOBACCO CONTROL LEGISLATION: A POLICY DEVELOPMENT AND LEGISLATIVE DRAFTING MANUAL 39