Q&A
Frequently asked questions about the Yukon Smoke-free Places Act and Regulation
The Yukon Smoke-Free Places Act came into effect on May 15, 2008. The Yukon Smoke-Free Places Regulation was developed to address key components of the Act. Below are answers to a number of frequently asked questions.
No Smoking in Enclosed Places / Prescribed Distance
- I am a smoker. Apart from my home, where else can I smoke?
- The 5 metre distance requirement applies to all doorways and windows, under the new Regulation. How are the terms "doorway" and "window" defined?
- My business has an outdoor patio where food or drinks are served. Are people permitted to smoke on patios?
- Can I set up a smoking area to encourage individuals to move to areas where smoking is permitted?
- How can I obtain a copy of the Smoke-free Places Act and Regulation?
- What if I want to go beyond the requirements of the Act and Regulation?
Signage
- What signs are required and where should I post these signs?
- What "No Smoking" signs are available? How do I order them and what is the cost?
- I have posted the required signs but people are still smoking in places where it is not allowed, what should I do?
- The provided signs do not meet my needs; can I design my own sign?
- I own / manage a hotel, motel or B&B, what signage is required?
- I own / operate a taxi (or other public vehicle) what signage is required?
- I have posted signs; can I be requested to post additional signs?
Edible Products that Resemble Tobacco Products
- I am currently selling licorice pipes and beef jerky packaged to resemble chewing tobacco, what do I do?
Enforcement and Penalties
- How will the Smoke-Free Places Act be enforced?
- What are the penalties for violating the Smoke-Free Places Act?
Other questions about the Smoke-free Places Act
- How does the Smoke-free Places Act affect me?
- Does this Act apply to all communities in the Yukon?
- Does this Act apply to self-governing First Nations?
- Would a 16-year old driving alone and smoking in his/her vehicle be committing an offence according to the new legislation?
- I run a hotel (motel or B&B). Can I allow smokers to smoke in their room?
- My workplace allows employees to smoke in a room designated for smoking - can staff continue to smoke there?
- I am the owner/manager of a building which must be smoke free? What are my responsibilities if someone lights up?
- Will there be changes to the display and advertising of tobacco products?
- How is the Smoke-free Places Act different from the City of Whitehorse bylaw?
- Who can I contact if I have more questions about issues related to the implementation and enforcement of the Smoke-Free Places Act and Regulation?
No Smoking in Enclosed Places / Prescribed Distance
1. I am a smoker. Apart from my home, where else can I smoke?
You can smoke outdoors but you must be at least 5 metres away from doorways, air intakes and windows that open of any enclosed place. Refer to section 4 of the Smoke-free Places Act for a complete list of enclosed places.
2. The 5 metre distance requirement applies to all doorways and windows, under the new Regulation. How are the terms “doorway” and “window” defined?
A “doorway” means any doorway directly between the inside and the outside of a building and includes the entryway outside any doorway if it is under a roof or awning or is protected by any structure that restricts air circulation. For example, if a doorway leads to an outdoor area covered by a roof, the 5 metres is measured from the end of the roof, not the door itself.
A “window” means any window that can be opened to allow air to enter the building.
3. My business has an outdoor patio where food or drinks are served. Are people permitted to smoke on patios?
No. Under the Act smoking is not allowed in any “outdoor eating or drinking area”. An “outdoor eating or drinking area” is any outdoor area under the control of a person who provides food or drink to members of the public for consumption the same day within that area. Remember that no-smoking signs must be posted in these locations (See Question 8). Individuals may only smoke if they are at least 5 metres away from “outdoor eating or drinking areas”.
4. Can I set up a smoking area to encourage individuals to move to areas where smoking is permitted?
Yes. There is nothing in the Act or Regulation that prevents you from setting up a smoking area provided that:
- It is outdoors
- It is at least 5 metres away from all doorways, windows that open, and air intakes
- It is not in an outdoor eating or drinking area; and
- It is not a substantially or fully enclosed shelter
Acceptable Shelters
A shelter is permitted in an outdoor smoking area provided that the shelter is not fully or substantially enclosed. A shelter is not considered fully or substantially enclosed if it has a roof or other type of covering, and less than 50% of the wall space is enclosed with any material that does not permit air to easily flow through it (See Figures 1+2 below). Before you build you should consult with the Tobacco Education and Enforcement Officer to ensure that the design and location of the shelter does not violate any provision of the Act.
Remember that any ashtray made available to your employees or the public must be located at least 5 metres away from all doorways, windows, and air intakes.
5. How can I obtain a copy of the Smoke-free Places Act and Regulation?
Copies of the Smoke-free Places Act and Regulation are available for download on our website at: http://www.hss.gov.yk.ca
A copy of the new Regulation is included in this package and additional copies or a paper copy of the Smoke-free Places Act are available on request using the contact information above.
6. What if I want to go beyond the requirements of the Act and Regulation?
As a building owner, manager or employer, you are free to establish policies that are more restrictive than the Act or the Regulation. For example, if you own a tourist accommodation, you are free to make all sleeping rooms smoke-free. Another example concerns vehicles used for employment. The Act allows smoking in work vehicles where there is a single occupant. As an employer, you can prohibit smoking in work vehicles at all times. You may wish to discuss other ideas you have with the Tobacco Education and Enforcement Officer (TEEO); however, enforcement of any policies that are more restrictive than the Act is the responsibility of the establishment that created them. The TEEO can only enforce the requirements of the Act and Regulation, not additional restrictions you may put in place.
Signage
7. What signs are required and where should I post these signs?
The Regulation requires that signs be posted inside enclosed public places (including work places, restaurants and lounges, and public vehicles – see section 4(1) of the Act for a complete listing), outside each doorway, and in outdoor eating and drinking areas in sufficient numbers and locations to inform the public where smoking is prohibited. However, the Regulation is written to be flexible to take into account the different physical layouts and circumstances, and to avoid unnecessary posting of signs.
At a minimum, one sign must be posted. One sign is sufficient if it is clear to those inside or entering the building that smoking is not permitted in the building, or within 5 metres of doorways, windows that open and air intakes, and there is no evidence that people are smoking in areas where smoking is prohibited. On the other hand, if the building you own or manage is large, and the public or employees are used to smoking inside the building or within 5 metres of doorways, windows that open and air intakes, you will need to post more signs.
8. What “No Smoking” signs are available? How do I order them and what is the cost?
The Yukon Government has designed three signs that are available at no cost. See Figure 1-3. To order these signs, use the contact information provided. Copies of these signs are also available online.
Most commercially available “No Smoking” signs will meet the requirements of the Regulation. If you already have signs posted they satisfy the minimum signage requirement if they:
- are at least 7.5 cm by 7.5 cm in size
- display a black or red graphic of the international no-smoking symbol at least 5.6 cm in diameter; and
- have a contrasting background
“Figure 1-3: Graphic representation of each of the 3 signs with details on size and type of sign”
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Figure 1: 3" x 3" solid white decal or clear decal, one adhesive front, one adhesive back |
Figure 2: 6" x 6" solid white decal or clear decal, |
Figure 3: 6.5" x 8.5" solid white decal or coroplast sign |
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9. I have posted the required signs but people are still smoking in places where it is not allowed, what should I do?
In some cases posting the minimum required signs will not be enough to get people to move beyond the 5 metre distance. Additional signage is required at these “problem areas”. These signs are larger in size and contain text to provide more information about the places where smoking is prohibited (See Question 8, Figure 3).
If you have fulfilled all of your responsibilities under the Act including the posting of sufficient signs and you are still having problems with people smoking in smoke-free places or within 5 metres of the building, you may want to discuss your situation with the Tobacco Education and Enforcement Officer.
10. The provided signs do not meet my needs; can I design my own sign?
Some building owners, managers and employers will want to design their own signs. Under the Act, alternative sign designs are allowed as long as they are approved by the department. Alternative sign design must be reasonably similar to the required signs and display an international no-smoking symbol that meets the minimum size requirement for the sign it is replacing (5.6 cm or 10 cm in diameter)
11. I own / manage a hotel, motel or B&B, what signage is required?
No-smoking signs must be placed in sufficient numbers and locations to ensure that persons who are in the common areas of the hotel, motel or B&B (for example, the corridors, lobbies, stairwells, elevators, eating areas and washrooms) are aware that smoking is not allowed. In addition to these signs, if your establishment offers one or more smoking rooms, a no-smoking sign must be displayed in each non-smoking room. Signs placed in non-smoking rooms must:
- be displayed so that they are clearly visible
- display a black or red graphic of the international no-smoking symbol or the text “No Smoking”; and
- have a contrasting background
12. I own / operate a taxi (or other public vehicle) what signage is required?
A minimum of one sign (See Question 8, Figure 1) must be displayed in a location that will clearly inform all passengers that smoking is not allowed.
13. I have posted signs; can I be requested to post additional signs?
Yes. If people are observed smoking in locations where it is not permitted and the Tobacco Education and Enforcement Officer considers the displayed signage inadequate, you may be requested to post additional or different signs in that area. Remember that you are required to post signs in sufficient numbers and locations to inform people where smoking is prohibited.
Edible Products that Resemble Tobacco Products
14. I am currently selling licorice pipes and beef jerky packaged to resemble chewing tobacco, what do I do?
Under the new Regulation, the sale and supply of edible products that look like cigarettes, cigars, pipes, smokeless tobacco, or any other tobacco product are banned. This Regulation will come into force on September 1, 2009 to allow business owners time to sell the remainder of their stock and cancel any orders.
Enforcement and Penalties
15. How will the Smoke-Free Places Act be enforced?
A progressive enforcement approach will be used to help building owners, managers and employers comply with the Smoke-free Places Act. Most people will want to comply with the Act but may have questions about how the Act applies to their circumstances. The Tobacco Education and Enforcement Officer is available to answer questions, and assist owners in finding solutions to problems they may encounter.
In most cases, education, assistance and warnings will be sufficient to ensure compliance. However, tickets may be issued, or charges laid, if owners, managers or employers do not take reasonable steps to comply with the Act. Health officers appointed under the Smoke-free Places Act and the Tobacco Education and Enforcement Officer can issue tickets and lay charges.
16. What are the penalties for violating the Smoke-Free Places Act?
Any person who violates provisions of the Act is guilty of an offence and liable to a voluntary fine of $150.00 upon issuance of a ticket. For information on ticket able offences please view the schedule of fines . If the offence is prosecuted under the Smoke-free Places Act and Regulation, a fine of up to $5,000.00 for a first offence and up to $10,000.00 for a second or subsequent offence can be levied.
Other questions about the Smoke-free Places Act
17. How does the Smoke-free Places Act affect me?
As of May 15, 2008, all indoor workplaces, commercial vehicles carrying two or more people, and public buildings must be smoke-free. Smoking is not permitted in offices, workshops, restaurants, bars, or community halls, among other buildings throughout the territory. Patios and any other outdoor eating or drinking areas are also smoke-free. There are two exceptions: smoking will be allowed in designated smoking rooms in long-term care facilities and in hotel, motel, and B&B sleeping rooms that have been set aside for smokers. Finally, there is a ban on smoking in private vehicles carrying children under the age of 18 years.
18. Does this Act apply to all communities in the Yukon?
Yes. The Smoke-free Places Act applies to all Yukon communities.
19. Does this Act apply to self-governing First Nations?
Yes. The Smoke-free Places Act applies Yukon-wide
20. Would a 16-year old driving alone and smoking in his/her vehicle be committing an offence according to the new legislation?
Yes. Under the Act, anyone younger than 18 years is considered a minor regardless of whether or not they are legally allowed to drive.
21. I run a hotel (motel or B&B). Can I allow smokers to smoke in their room?
Yes, provided you have designated that room as a smoking room.
22. My workplace allows employees to smoke in a room designated for smoking – can staff continue to smoke there?
No. No employer can permit an employee to smoke inside the building, or in a vehicle used for business purposes carrying two or more people.
23. I am the owner/manager of a building which must be smoke free? What are my responsibilities if someone lights up?
As an owner or manager of a smoke-free place, you are responsible for posting no-smoking signs and removing any ashtrays. These steps will discourage most smokers from lighting up. If a person does light up, you must take steps to get them to butt out. You should remind them that smoking is prohibited, and that they are committing an offence by smoking. You can ask them to stop smoking indoors, and take their smoking outside. Finally, you can refuse to serve a person until they have stopped smoking.
24. Will there be changes to the display and advertising of tobacco products?
Yes. As of May 15, 2009, stores and other places which sell tobacco products are no longer able to display cigarettes, cigars, chewing tobacco, and other forms of tobacco. As well, advertising tobacco products must be limited to a sign listing the tobacco products offered for sale and their prices. The specific requirements for the signs will be prescribed by regulations in the coming months.
25. How is the Smoke-free Places Act different from the City of Whitehorse bylaw?
There are five main differences:
- Smoking is not permitted on outdoor patios or any other eating and drinking area
- All entrances to workplaces and public buildings will be smoke-free, and smokers are required to stay 5 metres away from all doorways, air intakes and windows when they smoke
- Any work vehicle carrying two or more persons must be smoke-free
- Smoking in vehicles carrying children under the age of 18 years is not permitted
- The advertising, promotion and display of tobacco products will be prohibited as of May 15, 2009
26. Who can I contact if I have more questions about issues related to the implementation and enforcement of the Smoke-Free Places Act and Regulation?
Please feel free to contact:
Benton Foster
Tobacco Education and Enforcement Officer
Phone: 867-667-8321
(toll-free from Yukon Communities: 1-800-661-0408, ext. 8321)
E-mail: benton.foster@gov.yk.ca