Last updated: May 15, 2020
Key Terms
Second Hand Smoke (or similar term)
Although the term “second hand smoke” is not defined, a definition is not necessary for interpretation of the law. The law's smoke free measures provide that "no person shall smoke" in specified places, rather than prohibiting "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
The law does not contain a definition of "smoking” or “smoke."
A definition of "smoking" or "smoke" should be provided in accordance with the definition supplied 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
"Public place" means any enclosed location to which the general public is admitted, whether accessible freely, by invitation or against payment.
The definition of “public place” aligns with the definition contained in the FCTC Art. 8 Guidelines.
To more fully align, the definition should include the language “permanent or temporary” and should not be restricted to enclosed areas.
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
The law does not contain a definition of "workplace."
A definition of "workplace” should be provided in accordance with the definition supplied 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
The law does not contain a definition of "public transport."
A definition of "public transport" should be provided in accordance with the definition supplied 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
The law does not contain a definition of "indoor” or “enclosed."
A definition of "indoor" or "enclosed" should be provided in accordance with the definition supplied 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 product entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for smoking, sucking, chewing or snuffing.
The definition of “tobacco product” 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))
