Last updated: November 11, 2021
Key Terms
Second Hand Smoke (or similar term)
“Second-hand smoke” means smoke emitted from the burning end of a cigarette or any other tobacco products in combination with the smoke exhaled by the smoker.
The definition of "second hand 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: inhaling or exhaling the smoke or any tobacco product and includes the holding of, or control over, any ignited tobacco product or device containing an ignited tobacco product.
The definition of “smoking” incorporates the key concept from the FCTC Art. 8 Guidelines definition in that it encompasses possession or control over a lit tobacco product.
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: any indoor, enclosed, or partially enclosed area which is open to the public or any part of the public, or to which members of the public ordinarily have access, and includes a workplace and a public conveyance.
The definition of “public place” aligns with the FCTC definition in that it encompasses places open to the general public. However, the laws definition encompasses only indoor, enclosed, or partially enclosed places. To more closely align with the FCTC Art. 8 Guidelines, the law should address “public place” and “enclosed” as separate concepts and terms.
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 any place used by people in their employment or work and all attached or associated places including vehicles used in the course of employment, geriatric homes and residential houses.
The definition of "workplace" contained in the law aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines in that it includes all areas of the workplace, including common areas. However, the definition could be clarified by explicitly stating that the definition applies regardless of whether work is done for compensation or on a voluntary basis.
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 Control Act: “Public service vehicle” has the meaning assigned to it in the Traffic Act.
Traffic Act: “Public service vehicle” means any motor vehicle which -
(a) is licensed under Part XI to carry passengers for hire or reward; or(b) plies for hire or reward or is let out for hire or reward; or(c) is carrying passengers for hire or reward.”
The definition of “public service vehicle” aligns with the definition of “public transport” contained 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
“Partially covered" means 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 it is permanent or temporary.
The definition of "partially covered" contained in the law aligns with the definition of "indoor or enclosed" 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 product: a product composed, in whole or in part, of tobacco, including tobacco leaves and any extract of tobacco leaves intended for use by smoking, inhalation, chewing, sniffing, or sucking and includes cigarette papers, tubes, and filters.
Tobacco: the tobacco plant, including its seeds and leaves.
The definition of “tobacco product” aligns with and is broader than the FCTC definition in that it does not require tobacco leaf as a component. It is also broader in that it includes cigarettes papers, tubes, and filters.
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))
Health Institution
Health institution: a hospital, nursing home, convalescent home, maternity home, health centre, dispensary or other institution where health or other medical services are rendered free of charge or upon payment of a fee.
The definition of "health institution" is relevant with regards to restrictions on smoking in public places and workplaces.
Manager
Manager: in relation to
(a) a cinema or theater, includes an assistant manager, a person holding an office analogous to that of a manager or assistant manager of the cinema or theater, or any person in charge or in control of the cinema or theater;
(b) a health institution includes the owner or a person in charge or in control of the health institution;
(c) a specified building includes the owner, occupier, lessee, or the person in charge or in control of the specified institution.
The definition of "manager" is particularly important on the subjects of duties and penalties.
