Last updated: April 22, 2024
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 strictly necessary because the term is not used in the law. The law's smoke free measures provide that “no person shall smoke” where prohibited. Therefore, a definition of "second hand smoke" is not necessary for interpretation of the law
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." Undefined key terms can undermine the application of other substantive provisions of a law.
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
"Public place" includes any place to which the public have or are permitted to have access, whether on payment or otherwise.
"Premises" includes any structure whether temporary or not, to which the public have or are permitted to have access, whether on payment or otherwise, but excludes buildings intended for private residential purposes.
The definition of “public place” contained in the law aligns with the definition of “public place” provided in the FCTC Art. 8 Guidelines. Although the definition in the Tobacco Act does not specify that it includes any place whether “permanent or temporary,” the definition of “premises” in the Smoking in Public Places Regulations makes clear that public places include both permanent and temporary places.
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.” Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke-free measures provide that “no person shall smoke … in any enclosed area.” Therefore, a definition of "workplace" is not necessary for interpretation of the law
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." Undefined key terms 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
"Enclosed area" means any space covered by a roof and enclosed by more than one wall or side, regardless of the material used for the roof, wall or sides, and regardless of whether the structure is permanent or not.
The definition of “enclosed area” contained in the law does not align with the definition of “indoor” or “enclosed” provided in the FCTC Art. 8 Guidelines because the FCTC definition includes any space covered by a roof OR enclosed by one or more walls, whereas the definition in the law includes any space covered by a roof AND enclosed by one or more walls.
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 product" means products for the purposes of smoking wholly or partly of tobacco.
The definition of “tobacco product” contained in the law does not fully align with the definition of “tobacco product” provided in FCTC Art. 1(f) because the definition in the law covers products for smoking only, whereas the FCTC definition covers smokeless tobacco products as well. However, smokeless tobacco products are banned. Therefore, for the purposes of the law, the definition is sufficient.
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))
