Previous Headline
May 2006
Current Event … The New Tobacco Act Is Now In Force!
Is it possible to argue that smokers are being discriminated against?
No. Under the Charter of Human Rights and Freedoms (the Quebec Charter), people are protected against discrimination based on certain grounds such as race, religion, sexual orientation, disability, etc. Tobacco use is not included in the grounds protected by the Charter.
This does not mean that the validity of the new Tobacco Act cannot be attacked by other means. In fact, the Union des tenanciers de Bars du Québec (an association of bar owners) is presently before the courts attempting to invalidate the new Tobacco Act. The Union believes that this law will deprive them of an important source of profits. The case should be heard in the fall of 2006.
What are the consequences of committing an offence?
If a person smokes in a prohibited area or does anything else that is prohibited by the Tobacco Act, they may be fined, and this fine may be doubled or even tripled in the case of repeat offences.
Merchants who commit an offence additionally risk the suspension of their permit to sell tobacco.
Here is a table of the fines for the main offences:
| Offence | First Offence | Repeat Offences |
|---|
| Smoking where prohibited | $50 to $300 | $100 to $600 |
| Permitting others to smoke where prohibited | $400 to $4000 | $1000 to $10,000 |
| Sale of tobacco to a minor (merchant) | $500 to $2000 | $1000 to $6000 |
| Sale of tobacco to a minor(other adults) | $100 to $300 | $200 to $600 |
| Sale of tobacco to an adult knowing it is for a minor | Same fines as sale to a minor | Same fines as sale to a minor |
| Providing a minor with tobacco on school grounds (adult) | $100 to $300 | $200 to $600 |
| Providing a minor with tobacco on school grounds (minor) | $100 | $100 |
Who will enforce the law?
Inspectors of the Service de lutte contre le tabagisme are responsible for making sure that the new Tobacco Act is respected and for issuing tickets for offences. This service was created by the Ministère de la santé et des services sociaux (Ministry of Health and Social Services) in order to combat smoking.
Inspectors will be assisted by assistant inspectors. Assistant inspectors will make undercover visits to places to which the Tobacco Act applies. They cannot issue tickets but they will report offences that they observe to inspectors.
Municipalities may also choose to name officials who will be responsible for enforcing this law and any municipal bylaws linked to smoking.
Citizens may contact the Service de lutte contre le tabagisme to request information or to report offences by phoning 1-877-416-8222.
To find out more about the rules contained in the Tobacco Act, read the Infosheet entitled
Cigarettes in Quebec: rights and restrictions.
