Last updated: July 28, 2023
Key Terms
Second Hand Smoke (or similar term)
“Environmental or second-hand tobacco smoke” means the smoke released into the atmosphere that comes from the burning of a tobacco product or the smoke that is exhaled by smokers.
The definition of “environmental or second-hand tobacco smoke” contained in the law aligns with the definition of “second hand smoke” provided in the FCTC Art. 8 Guidelines.
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 the act of ingesting tobacco products or plant- based products for smoking, or using electronic cigarettes, including holding a burning tobacco product for smoking, even when the smoke is not being actively inhaled or exhaled, or inhalation of novel smokeless tobacco products that produce aerosols, vapors, gas, or inhalable particles.
The definition of “smoking" contained in the law aligns with the definition of “smoking” provided in the FCTC Art. 8 Guidelines, and is broader than the FCTC definition in that it encompasses smoking of herbal products, e-cigarettes, and inhalation of novel smokeless tobacco products as well.
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
“Public space” means an area that is accessible to the general public or of public use, regardless of being privately or publicly owned.
The definition of “public space” contained in the law aligns with the definition of “public place” provided in the FCTC Art. 8 Guidelines.
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
“Workplace” means a place where one or more people perform their paid or unpaid job or work, including any annexes or vehicles used for performing work-related tasks.
The definition of “workplace" contained in the law aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines. However, the definition could be clarified by specifying that a workplace includes any area, whether permanent or temporary in nature.
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
“Public transportation” means transportation provided in motor vehicles owned by a private or public entity on behalf of a second entity, and for which the first entity is entitled to be paid direct remuneration.
The definition of “public transportation" contained in the law aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.
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
“Semi-enclosed space” means an area that is partly enclosed by a roof and by inner walls, outer walls, or other surfaces.
“Enclosed space” means an area that is fully enclosed by a roof and by inner walls, outer walls, or other surfaces.
The law contains a definition of “enclosed space” and “semi-enclosed space”. The definition of “semi-enclosed space” more closely aligns to the concept of “indoor” or “enclosed”, as defined by FCTC Article 8. However, it does not fully align with the FCTC definition because the definition in the law requires a roof and a wall or other surface, whereas the FCTC definition requires only a roof or a wall. The definition of “enclosed” contained in the law does not align with the FCTC definition because it requires a space to be fully enclosed.
A definition of "indoor" or "enclosed" should be provided in accordance with the definition provided in 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 products” means products that consist, even partly, of tobacco, whether genetically modified or not, that may or not involve combustion process and are intended to be smoked, sucked, chewed, or inhaled.
The definition of "tobacco product" contained in the law aligns with the definition of “tobacco product” 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))
