Last updated: February 26, 2020
Key Terms
Second Hand Smoke (or similar term)
The law and regulations do not contain a definition of "second hand smoke." However, a definition is not strictly necessary because the law prohibits smoking in specified places, rather than prohibiting exposure to second hand smoke.
The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)
Smoking or Smoke
"Smoking" means inhaling and expelling the smoke of tobacco or any other substance and includes the holding of any cigar, cigarette, pipe or any other form of tobacco product which is alight or emitting smoke.
The definition of "smoking" contained in the law aligns with the definition of "smoking" provided in the FCTC Art. 8 Guidelines.
Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)
Public Place
Premises "includes a building, tent or other structure, whether permanent or otherwise, used in connection therewith, and any adjoining land used in connection there with, and also includes a vehicle".
The law does not contain a definition of public place. Rather, the law prohibits smoking in premises and buildings specified in the regulations. The definition of "premises" in the regulations does not align with the definition of "public place" in the FCTC Art. 8 Guidelines in that it does not address right of access. However, the definition of "premises" is broader than the definition of "public place" in that it includes lands adjoining a building. The regulations set out an extensive list of premises and buildings that are smoke free; however, this approach may result in some public places being unintentionally excluded from the list.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of "public place" in accordance with the FCTC Art. 8 Guidelines definition and prohibit smoking in all public places.
An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)
Workplace
"Office premises" means any room or premises or part thereof the sole or principal use of which is for the carrying out of any administrative or clerical or other related work.
"Premises" includes a building, tent or other structure, whether permanent or otherwise, used in connection therewith, and any adjoining land used in connection therewith, and also includes a vehicle.
The regulations contain a definition of "office premises," rather than a definition of "workplace." The definition of "office premises" is narrower than the definition of "workplace" contained in the FCTC Art. 8 Guidelines in that it covers only those places in which "administrative or clerical" work is carried out, whereas the definition of "workplace" in the FCTC Art. 8 Guidelines covers places where all types of work are carried out. This could have the unintended effect of permitting smoking in some types of workplaces. However, because the regulations also prohibit smoking in "factories," "government premises," and many enumerated public places, virtually all "workplaces" (as defined in the FCTC Art. 8 Guidelines) are covered under the smoking ban. In addition, the definition of "premises" is broader than the definition of "workplace" in that it also covers "adjoining land used in connection therewith." Because the law prohibits smoking in "offices premises," smoking is prohibited in outdoor as well as indoor areas of workplaces.
Although the law appears to have a comprehensive ban on smoking in workplaces, in order not to unintentionally exclude some workplaces, and to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulations should provide a definition of "workplace" in accordance with the definition in the FCTC Art. 8 Guidelines.
An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)
Public Transport
Tobacco Order 2005 states:
"Public service vehicle" has the same meaning as in subsection (1) of section 2 of the Road Traffic Act (Chapter 68)".
The Road Traffic Act States:
"Public service vehicle" means a motor vehicle ordinarily uses, whether in part or in whole, for the purpose of conveying passengers or goods or both for hire or reward whether under contract to a person plying for hire or generally, and, in the case of a tractor, includes any trailer attached to it.
The definition of "public service vehicle" contained in the law aligns with the definition of "public transport" provided in the FCTC Art. 8 Guidelines. However, only those "public service vehicles" listed in the Second Schedule of the regulations are smoke free.
Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)
Indoor or Enclosed
The law and regulations do not contain a definition of "indoor" or "enclosed." The lack of definition for this key term could impede compliance with FCTC Art. 8 and the FCTC Art. 8 Guidelines. For example, the regulations prohibit smoking in the buildings listed in the First Schedule. However, if it is unclear what an "enclosed" building is, implementation of the law may not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.
The law or regulations should provide a definition of "indoor" or "enclosed" in accordance with the definition contained in FCTC Art. 8 and the FCTC Art. 8 Guidelines.
Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)
Tobacco Product
"Tobacco product" means a cigarette, cigar or any other form of tobacco including any mixture containing tobacco.
"Tobacco" means the leaf of the Nicotiana Tobacum plant or other related plants, and any product obtained therefrom.
The definition of "tobacco product" contained in the law aligns with the definition provided in FCTC Art. 1(f).
Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))
Manager
"Manager", in relation to a specified building, includes any owner, occupier, lessee, or person who is responsible for the management of that building or is in charge or in control thereof, and includes an assistant manager or supervisor and any person holding an appointment analogous to that of manager, assistant manager or supervisor.
The definition of "manager" is significant because managers have a duty to comply with smoke free provisions related to premises and buildings.
Operator
"Operator", in relation to a specified vehicle, means any owner, ticket or tour conductor, driver, ticket inspector or person who is in charge or in control of the specified vehicle.
The definition of "operator" is significant because operators of public service vehicles have a duty to comply with smoke free provisions.
