Last updated: June 11, 2024
Key Terms
Second Hand Smoke (or similar term)
The Tobacco Control Act does not provide a definition of “second hand smoke.” A definition is not needed for interpretation of the Act because the Act does not use the term “second hand smoke.” However, the Act requires that certain premises “shall be smoke-free” and therefore a definition of “smoke-free” should be provided.
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.” This could hinder implementation of the smoking ban. For example, if it is not clear what is considered “smoking,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements. A definition of “smoking” or “smoke” 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 Tobacco Control Act does not provide a definition of “public place.” The law prohibits or restricts smoking in places to which the public has access. However, the lack of a definition of “public place” could hinder enforcement of the ban or restrictions. A definition of “public place” should be provided in accordance with the definition provided 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 Tobacco Control Act does not provide a definition of “workplace.” The law prohibits or restricts smoking in “work premises” and therefore, the lack of definition “work premises” or “workplace” could hinder enforcement of the ban or restrictions. A definition of “workplace” or “work premises” should be provided in accordance with the definition provided 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 Tobacco Control Act does not provide a definition of “public transport.” The law prohibits or restricts smoking in public transport and the lack of a definition of “public transport” could hinder enforcement of the ban or restrictions. 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 Tobacco Control Act does not provide a definition of “indoor” or “enclosed.” The law prohibits or restricts smoking in “premises,” and therefore applies to indoor places. The lack of a definition of “indoor” could hinder full implementation of FCTC Art. 8, which requires effective protection from tobacco smoke in all indoor workplaces and public places, because protection may be less expansive than under the FCTC definition of “indoor.” 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
The definition of “tobacco products” provided in the Act aligns with the definition provided in the FCTC.
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))
