Last updated: June 30, 2020
Key Terms
Second Hand Smoke (or similar term)
Smoke produced by the combustion of a cigarette or other tobacco product, to which is generally added the smoke exhaled by the smoker or smokers.
The definition of "secondary smoke" 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
Holding or using a lit tobacco product, whether or not the smoke is actively inhaled or exhaled.
The definition of "smoking" aligns 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: “A place where everyone is allowed to be, without distinction, and for which because of this characteristic, the law enforcement powers of the administrative authority are more extensive than in simple private properties”
Place open to the public: “All buildings, places and premises in which people are admitted, whether free of charge, or on the basis of remuneration or membership of any kind, or in which meetings are held open to all comers or subject to invitation, whether paying or not. The public is considered to consist of all persons admitted to the establishment for any reason whatever, as well as personnel.”
Read together, the definitions of “public place” and “place open to the public” align with the definition provided in the FCTC Art. 8 Guidelines. However, the definition could be clearer if it specified that public places could 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
Any place used by one or several persons in the course of their work, or paid or volunteer, including lobbies and upstairs used for such purposes.
The definition of workplace in the law aligns with the definition of "workplace" in the FCTC Art. 8 Guidelines. However, the definition would be clearer if it specified that "workplace" includes all common areas frequented during the course of employment and encompasses temporary places where work is performed.
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
Any means of transport for people , including elevators, to which one has access free of charge or in exchange for payment.
The definition of "public transport" 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
Having no definition for this key term makes interpretation of many provisions difficult. 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 definition supplied by FCTC Art. 8 Guidelines para. 19.
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
Any products manufactured entirely or partially from leaf tobacco as its primary material, and intended to be smoked, sniffed, sucked or chewed.
The definition of "tobacco products" aligns with the definition provided 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))
