Last updated: February 19, 2022
Key Terms
Second Hand Smoke (or similar term)
“Tobacco smoke” means smoke that emanates from the burning of a cigarette, waterpipe tobacco, or other tobacco product for smoking, usually expelled or in combination with the smoke exhaled by the smoker.
The definition of “tobacco smoke” is defined in accordance 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” means being in possession or in control of a lit tobacco product or which is smoldering, or a related product, regardless of whether the smoke is being actively inhaled or exhaled. For the purposes of this Law, possession or control of an activated device for heating a smokeless tobacco product or a related product that does not involve a combustion or smoldering process, or any other new tobacco product that does not involve a combustion or smoldering process, regardless of whether the aerosol is being actively inhaled or exhaled, is considered smoking.
The definition of “smoking” is broader than the definition of "smoking" provided in the FCTC Art. 8 Guidelines in that it encompasses the use of heated tobacco products and e-cigarettes ("related products").
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 spaces” means any spaces accessible to the general public and communal spaces, regardless of ownership type or means of access.
The definition of “public spaces” aligns with the definition provided of “public place” in the FCTC Art. 8 Guidelines. However, the definition may be limiting in that it does not clearly specify that the place may be permanent or temporary.
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 enclosed or semi-enclosed space used during employment or work, regardless of whether the activity is compensated or not. Workplaces includes not only those areas where work is performed directly, but also all adjacent or associated areas typically used by employees in the course of their work, including corridors, elevators, stairs, lobbies, mechanical rooms, cafeterias, toilets, lounges, lunchrooms, outbuildings, such as workshops and hangars, as well as vehicles used in the course of work.
The definition of “workplace” contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition in the law could be improved if it specified that the definition of “workplace” included both temporary and permanent areas. The definition of “workplace” is limited to enclosed or semi-enclosed spaces, while FCTC Art. 8 requires protection from exposure to tobacco smoke in all indoor workplaces.
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
“Public transport” means any vehicle used for public passenger transport, usually for a fee, including taxis.
The definition of “public transport” is comprehensive and aligns 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 spaces” means any spaces that have a ceiling or roof and that are completely enclosed, except for the space for doors, windows or passages, regardless if such construction is permanent or temporary, and regardless of the material used in construction.
“Semi-enclosed spaces” means any spaces that have a ceiling or roof and/or walls that enclose no less than 50% of the total surface area of the space, regardless whether such construction is permanent or temporary, and regardless of the material used in construction.
The law provides for a definition of “enclosed spaces” and “semi-enclosed spaces.” The smoking prohibition applies equally to both types of premises. Together, the definitions of “enclosed spaces” and “semi-enclosed spaces” are not as broad as the definitions within the FCTC Art. 8 Guidelines. To fully align with the FCTC Art. 8 Guidelines, 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 products” means products that can be consumed and consist, even partly, of tobacco, whether genetically modified or not.
The definition of “tobacco products” aligns with the definition provided in FCTC Art. 1.
For better clarity, the definition could make clear that tobacco products are manufactured to be used for smoking, sucking, chewing or snuffing as provided in the definition 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))
Semi-Open Spaces
“Semi-open spaces” means any spaces that have a ceiling or roof and/or walls that enclose less than 50% of the total surface area of the space, regardless whether such construction is permanent or temporary, and regardless of the material used in construction.
The definition of “semi-open spaces” is relevant because the law does not prohibit smoking in semi-open spaces.
Semi-Enclosed Spaces
“Semi-enclosed spaces” means any spaces that have a ceiling or roof and/or walls that enclose no less than 50% of the total surface area of the space, regardless whether such construction is permanent or temporary, and regardless of the material used in construction.
The definition of “semi-enclosed spaces” is relevant because the law prohibits smoking in semi-enclosed spaces.
