Last updated: February 2, 2021
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of "second hand smoke." Although this term is not defined, a definition is not necessary because the term is not used in the law. Rather than using the term “second hand smoke,” the law's smoke free measures provide that “smoking” is restricted or prohibited in certain places.
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 use of a cigarette, cigar, cigarillo, smoking tobacco or herbal product for smoking for its intended use regardless of whether any and which means are used therefore.
The definition of “smoking” contained in the law does not align with the definition of “smoking” provided in the FCTC Art. 8 Guidelines because the law’s definition does not encompass the idea of being in possession or control of a lit tobacco product, regardless of whether the smoke is actively being inhaled or exhale.
A definition of "smoking" should be provided in accordance 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 law does not contain a definition of "public place” because the law does not use this term in relation to smoke free places. Instead, the law enumerates those categories of places where smoking is restricted or prohibited.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor public places and provide a definition of "public place" in accordance with the definition contained 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
The law does not contain a definition of "workplace” because the law does not use this term in relation to smoke free places. Instead, the law enumerates those categories of places where smoking is restricted or prohibited.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and provide a definition of "workplace" in accordance with the definition contained 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." However, the term is used in the law. Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
A definition of "public transport" should be provided in accordance with the definition 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
The law does not contain a definition of "indoor” or “enclosed” because the law does not use this term in relation to smoke free places. Instead, the law enumerates those categories of places where smoking is restricted or prohibited.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor or enclosed public places and workplaces and provide a definition of "indoor" or “enclosed” in accordance with the definition contained 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” mean products for the purposes of smoking, chewing, sucking or sniffing, inasmuch as they are, even partly, made of tobacco.
The definition of “tobacco products” 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))
