Last updated: July 20, 2021
Key Terms
Second Hand Smoke (or similar term)
The Non-smokers' Health Act does not contain a definition of “second hand smoke.”
Undefined key terms can undermine the application of other substantive provisions of a law. Therefore, a definition of “second hand smoke” should be provided in accordance with the FCTC Art. 8 Guidelines.
In Canada, smoking restrictions in public places and workplaces generally fall under within the scope of provincial, territorial, and municipal legislation, which may contain a definition of “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
"Smoke" means to smoke, hold or otherwise have control over an ignited tobacco product.
The definition of “smoke” aligns with the definition 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
The Non-smokers' Health Act does not contain a definition of “public place.” However, because the Act applies only to federal workplaces and some enumerated public places, a definition of “public place” is not strictly necessary for interpretation of the Act.
In Canada, smoking restrictions in public places generally fall within the scope of provincial, territorial and municipal legislation, which may contain a definition of “public place.”
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
"Work space" means any indoor or other enclosed space in which employees perform the duties of their employment, and includes any adjacent corridor, lobby, stairwell, elevator, cafeteria, washroom or other common area frequented by such employees during the course of their employment.
The definition of “work space” in the Non-smokers' Health Act aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines. This law applies to federally-regulated workplaces only.
In Canada, smoking restrictions in public places and workplaces generally fall under within the scope of provincial, territorial, and municipal legislation, which may also contain a definition of “workplace.”
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
The Non-smokers' Health Act (NSHA) does not contain a definition of “public transport.” A definition is not technically necessary because the NSHA and implementing regulations apply to specified forms of public transport (e.g., trains, ships, aircraft) and not to “public transport” in general.
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 Non-smokers' Health Act does not contain a definition of “indoor” or “enclosed.”
Undefined key terms can undermine the application of other substantive provisions of a law. Therefore, a definition of “indoor” or “enclosed” should be provided in accordance with the FCTC Art. 8 Guidelines.
In Canada, smoking restrictions in public places and workplaces generally fall under within the scope of provincial, territorial, and municipal legislation, which may contain a definition of “enclosed” or “indoor.”
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 any product manufactured from tobacco and intended for use by smoking.
The definition of “tobacco product” in the Non-smokers' Health Act (NSHA) is narrower than the definition provided in FCTC Art. 1(f) because it applies only to smoked tobacco products (and, when read with in conjunction with the definition of "smoke," it includes e-cigarettes as well). However, because the definition pertains to the NSHA only, which restricts smoking, the definition serves the purposes of the Act.
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))
Living Accommodation
"Living accommodation" means separate living or sleeping quarters set aside by an employer for the accommodation of persons at a work place.
The definition of “living accommodation” is significant because the Non-smokers' Health Regulations permit the designation of a living accommodation as a designated smoking room or area.
