Last updated: July 29, 2023
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 “a person shall not 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
“Smoking” means smoking of tobacco, tobacco product or nicotine product in any form whether in the form of cigarette, cigar, bidi or otherwise with the aid of a pipe wrapper or any other instrument.
The definition of “smoking” contained in the law does not align with the definition of “smoking” provided in the FCTC Art. 8 Guidelines because it does not include the concept of being in possession or control of a lit tobacco product, regardless of whether the tobacco product is being actively inhaled.
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 an area permanent or temporary, fixed or mobile, that is accessible to the general public or for collective use by the general public regardless of ownership or rights of access.
The definition of “public place” contained in the law aligns with the definition of “public place” 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 law does not contain a definition of “workplace.” Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
A definition of “workplace” should be provided in accordance with the definition supplied 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
“Public conveyance” means a mode of transportation that carries passengers for hire or reward.
The definition of “public conveyance” contained in the law aligns with the definition of “public transport” 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 law does not contain a definition of “indoor” or “enclosed.” Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. While the law does not use the terms “indoor” or “enclosed”, it does differentiate between outdoor places and other public places (presumably indoor public places). To clarify the scope of the law, 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 a product composed in whole or in part of tobacco including tobacco leaves or an extract of tobacco leaves or a mixture containing tobacco, and includes –
i) cigarettes cigars, cigarillos, smokeless tobacco, roll-your-own tobacco pipe tobacco water-pipe tobacco green tobacco leaf tobacco heated tobacco product cigarette paper tube or filter and
ii) electronic nicotine delivery systems electronic non-nicotine delivery systems and other products containing nicotine and devices used, manufactured or marketed to replace or imitate tobacco or nicotine.
The definition of “tobacco product” contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f), and goes beyond the FCTC definition in that in also includes e-cigarettes and electronic nicotine delivery systems.
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))
