Last updated: June 1, 2023
Key Terms
Second Hand Smoke (or similar term)
The law does not use the term "second hand smoke," so defining it is not necessary.
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
Having no definition for this key term makes could limit application of the smoking ban, a definition of “smoking” should be provided in accordance with 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
Having no definition for this key term makes interpretation of many provisions difficult. Because this can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “public place” should be provided in accordance with 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
Having no definition for this key term makes interpretation of many provisions difficult. Because this can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “workplace” should be provided in accordance with 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
Having no definition for this key term makes interpretation of many provisions difficult. Because this can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “public transport” should be provided in accordance with 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
Having no definition for this key term makes interpretation of many provisions difficult. Because this can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “indoor” or “enclosed” should be provided in accordance with 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 any material prepared for the purpose of smoking or consumption of the whole or part of the tobacco plant, leaf or stalk of the same.
The definition of “tobacco product” captures the main elements of the FCTC definition in accordance with 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))
