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Current Event … The New Tobacco Act Is Now In Force!

It’s the end of smoky bars, ‘smoking’ taxis and clouds of smoke at the entrance to the community centre. It’s also time to think twice about selling even a single cigarette to a teen!

On May 31st, the new Tobacco Act entered into force, introducing more extensive restrictions and higher fines.

At the time of the unanimous adoption of the bill in June 2005, the Minister of Health, Philippe Couillard, explained that this law would be “among the strictest in the world.” The new rules, which have annoyed owners of Quebec’s bars, brasseries and pubs, are still causing a heated discussion.

In the text that follows, Éducaloi explains the main changes and highlights of the new law.

In what places are you not allowed to smoke?

The general rule is that you are not allowed to smoke in all enclosed spaces which accommodate people.

For example: bars, restaurants, work vehicles transporting more than one person, building entrances, daycares, arenas, laundry rooms of buildings with six or more units, etc.

Smokers may, of course, satisfy their nicotine cravings at home (except in certain cases; for example, if they run a daycare in their home), in their vehicle, outside, on public streets (including in enclosed shelters built for this purpose), on open patios or terraces, in ‘smoking’ rooms and in cigar lounges.

When you are smoking outside, you must stay at least nine metres (about 30 feet) away from the entrances of the following types of places:

• Health and social services centres: hospitals, CLSC, clinics, etc.;
  
• Educational institutions: universities, cégeps, technical schools, etc.;
  
• Childcare centres, including those run from a home;
  
• Community and recreational centres: community halls, arenas, gyms, bingo halls, etc.

No one, including both staff and students, is allowed to smoke on the grounds of an elementary or high school (even if they are more than nine metres away from the doors!).

What other new rules does the law contain?

The main changes worth mentioning are the following:

• There will no longer be ‘smoking’ sections in shopping centres, bowling alleys, convention centres, etc.
  
• Designated smoking rooms will only be tolerated until May 2008. Only employees and managers who work at a place that has a designated smoking area can smoke in that area.
  
• Owners of accommodation establishments (inns, hostels, hotels, outfitters, bed and breakfasts, etc.) may offer a maximum of 40% of their rooms to smokers. These rooms must be physically grouped together.
  
• The same 40% rule applies to seniors residences, CHSLDs (residential and long-term care centres), psychiatric care centres, emergency shelters and homeless shelters, etc.
  
• Municipalities have the power to adopt bylaws that are stricter than what is provided for in the new Tobacco Act. For example, they could prevent bar owners from building outdoor ‘smoking’ shelters for their clients even though such shelters may be allowed in certain circumstances under the new Tobacco Act.
  
• Cigarette vending machines are now illegal and must be removed by their owners, even if they are no longer being used.

Some important changes will not enter into force until May 31st 2008. For example, on that date, merchants will no longer be able to display cigarettes on the wall behind their cash as they do today. They will have to conceal the merchandise and be satisfied instead with a small poster listing the products that they sell.

What does the Tobacco Act say about selling cigarettes to minors?

One of the goals of the new Tobacco Act is to discourage tobacco use among youth. In addition to the prohibition of smoking on school grounds, further measures encourage this goal:

• It is from now on prohibited for anyone, not only merchants, to sell cigarettes to a minor. This prohibition means that relatives, friends, well-intentioned passers-by etc., are not allowed to sell cigarettes to a minor;
  
• It is also prohibited for anyone, including a minor, to provide a cigarette to a minor on school grounds;
  
• As is the case with alcohol, a merchant cannot sell tobacco to an adult if she knows that the adult is buying it for a minor;
  
• Severe fines can be imposed on businesses and employees who sell tobacco to minors;
  
• A merchant’s permit to sell tobacco may be suspended if they sell cigarettes to minors.

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:

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  (http://www.educaloi.qc.ca/en/loi/citizens/391/).