NEW LAW 44 STANDARDS
Summary of new measures of the law on tobacco in public places and operator's obligations regarding signage
- The operator of a facility covered by the anti-smoking law must indicate by means of posters installed in view of the people who frequent this place that smoking is prohibited.
- The posting must, in particular, clearly delimit the area where smoking is prohibited as well as the perimeter of 9 meters, if applicable.
- The operator of a place covered by the tobacco law must not tolerate a person smoking in a place where it is prohibited to do so.
Since May 26, 2016, smoking is prohibited
in the following public places:
- Commercial terraces: restaurants, bars, bistros and spas
The standards of law 44 apply to the entire terrace whether covered or not;
- Daycare centers and daycare centers other than those of private residences
According to the tobacco law, smoking is prohibited at all times, up to the edge of the lot;
- Sports grounds, playgrounds and spectator areas
The smoking ban of the anti tobacco law applies at all times and up to the edge of the field (details below);
- Outdoor play areas for children
These places are covered by law 44 and its smoking ban within a 9-meter perimeter (details below);
- Summer camp grounds
The law 44 applies to all the grounds of holiday camps frequented by minors;
- Bus shelters, tents, marquees and porticoes in canvas or plastic
Tobacco law applies whether the outdoor facility is closed or not and temporary or permanent;
- Grounds of educational institutions (whether public or private): preschool, elementary, secondary, including CFGA and CFP
The anti tobacco law applies at all times and up to the limit of the land (however, college and university education establishments are not affected by this prohibition);
- Areas apartment buildings with 2 to 5 dwellings
Since November 26, 2016:
Smoking is prohibited within 9 meters of any door and window that opens or of air intakes communicating with a closed place where smoking is prohibited.
Law 44: smoking is prohibited within a radius of 9 meters * in particular in the following public places:
- all workplaces, except those located in a home;
- establishments operating a brewery, tavern or bar liquor license;
- places which are arranged to usually offer meals to the public for consumption on the spot, for remuneration;
- tourist accommodation establishments and outfitter buildings;
- places where sporting or leisure activities, judicial, cultural or artistic activities, symposia or congresses take place;
- places where community or leisure activities take place for minors
(unless these activities take place inside a house);
- a facility maintained by a health and social services establishment, namely:
a hospital center, a residential and long-term care center and a rehabilitation center;
- a local community service center;
- a child and youth protection center;
- the premises of detention centers;
- the premises where the services of an intermediate resource are offered
(unless these premises are located inside a house);
- all other closed places that welcome the public.
* However, when this distance exceeds the limit of the lot on which this place is located, the smoking ban of the tobacco law applies only to the end of the lot.
It should be noted that the ban on smoking and vaping in a 9 meter perimeter Law 44 applies to all doors, air intakes or windows that can open and communicate with these places, including, for example, emergency exits and the outings leading to a balcony.
Suggestions for measures favorable to compliance with the “9 meter” zones
Here are some suggestions that could help you comply with Bill 44 and ban smoking inside 9-meter zones or radiuses. These precautions can reduce the possibility of legal action against the operator for a tolerance violation.
- Place posters on the ground and around the areas affected by the tobacco law to clearly delimit the places where smoking is prohibited;
- Remove all ashtrays located near the doors and inside the 9 meter area;
- Delimit zones 9 meters (ground lines, pennants, posters, etc.) with a view to eliminating any ambiguity as to the extent of these, taking into account the winter period;
- Use posters no smoking near doors and accesses, favoring the use of visual signage (logo, illustration, image, map, etc.) large enough to attract more attention;
- Also display inside, near the doors concerned;
- If permitted by tobacco law, develop smoking areas (benches, outdoor ashtray, shelters, etc.) outside the 9-meter zones, and make them known to attract smokers.
NEW STANDARDS LAW 44 - ANTI-TOBACCO LAW
MORE DETAILS ABOUT EXTERNAL PUBLIC PLACES
NO SMOKING ON TERRACES AND OTHER OUTDOOR AREAS
According to the anti tobacco law, smoking is prohibited on terraces and other outdoor areas used in the course of a commercial activity and which are set up to allow rest, relaxation or the consumption of products.
By "terrace or outdoor area used in the course of a commercial activity" is meant an outdoor place such as a platform, patio or landscaping that is adjacent to or near a business. The 2016 Tobacco Law applies, whether the place is covered or not, whether it is used for rest or to consume a product such as a meal or a drink, without it it is necessary to find chairs, benches or tables.
REGULATIONS LAW 44 (TOBACCO ACT) FOR DIFFERENT SCHOOLS
According to Law 44, smoking is prohibited on land made available to an educational institution, whether public or private, regardless of whether it provides educational services:
- preschool, elementary and secondary education services;
- educational services in vocational training;
- educational services for adults in general education.
Smoking is prohibited at all times, up to the edge of the field.
* Colleges and universities are not subject to this prohibition, but they are required, no later than November 26, 2017, to adopt a tobacco control policy aimed at establishing smoke-free environments.
NO SMOKING ON SPORTS GROUNDS, PLAYGROUNDS AND AREAS RESERVED FOR SPECTATORS
Since the adoption of the Tobacco Law (Law 44), smoking is no longer allowed on sports grounds and playgrounds, including in areas reserved for spectators, which are frequented by minors and which welcome the public. Smoking is prohibited at all times, up to the edge of the field.
For example, for the ban on smoking, consider the soccer, tennis, softball, baseball, basketball, volleyball or pétanque fields. Also ice skating rinks, outdoor swimming pools and any landscaped area whose main destination is to serve either to practice a sport or to play. In addition, law 44 applies to areas reserved for spectators such as spaces, even without a seat, used to attend games such as bleachers or a flowerbed.
* Sports fields and playgrounds for which use and access are reserved exclusively adults are not covered by this tobacco law smoking ban.
NO SMOKING IN PARKS AND OUTDOOR GAMES FOR CHILDREN
According to law 44, smoking is prohibited within 9 meters of outdoor play areas intended for children. The starting point of the 9-meter perimeter surrounding the playing area where smoking is prohibited is located at the physical delimitation of the playing area (fence, ground edge, mulch), if it exists, or from from the periphery of the game as such, otherwise.
However, when this distance exceeds the limit of the lot on which this place is located, the smoking ban of the anti tobacco law applies only to the end of the lot.
SMOKING PROHIBITION FOR DAYCARE AND NURSERY
Smoking is prohibited on the grounds of a childcare center or daycare center other than those of private residences where home childcare services are provided. The smoking ban applies at all times, up to the lot line.