Last updated: September 27, 2021
Key Terms
Second Hand Smoke (or similar term)
Although this term is not defined, a definition is not strictly necessary because the term is not used in the law or regulations. The smoke free measures of the law provide that “no person may smoke” in a public place. . .rather than, for example, “no person shall be exposed to second hand smoke in a public places. . . .”
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
Smoke: to inhale, exhale, hold or otherwise have control over an ignited tobacco product, weed or plant. “Smoked” and “smoking” have corresponding meanings.
The definition aligns with the FCTC Art. 8 Guidelines and is broader in that it covers inhaling or being in control of other plant products in addition to tobacco.
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: any indoor, enclosed or partially enclosed area which is open to the public, and includes a workplace and a public conveyance.
The FCTC Art. 8 Guidelines address “public place” and “enclosed” as separate concepts and terms. The TPCA, however, defines a “public place” as an “indoor, enclosed or partially enclosed” place. This conflation of terms creates linguistic difficulties, especially since Section 2(3) of the Act clearly authorizes the Ministry to prohibit smoking in any prescribed “outdoor public place” where smoking may pose a hazard.
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:
(a) means any indoor, enclosed or partially enclosed area in which employees perform the duties of their employment; and
(b) includes any corridor, lobby, stairwell, elevator, cafeteria, washroom or other common area frequented by such employees during the course of their employment; but
(c) excludes any private dwelling, and any portion of an area mentioned in paragraph (a) specifically designated by the employer as a smoking area and which complies with the prescribed requirements.
This definition does not align with the FCTC Art. 8 Guidelines. It is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it allows for a portion of a workplace to be designated by an employer as a smoking area.
A definition of “workplace” should be provided in accordance with FCTC Art. 8 and 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: includes transporting people by means of any commercial or chartered aircraft, ship, boat, train, bus, mini-bus or taxi.
The definition covers common forms of public transportation and therefore aligns 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
The terms “indoor” and “enclosed” are not defined in the decree.
“Public places” and “work places” are defined as indoor places. The FCTC Art. 8 Guidelines address “public place/work place” and “enclosed” as separate concepts and terms. This could have consequences if trying to regulate an outdoor space.
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 containing tobacco that is intended for human consumption, and includes, but is not limited to, any device, pipe, water pipe, papers, tubes, filters, portion pouches or similar objects manufactured for use in the consumption of tobacco.
The definition aligns with the FCTC definition in that the word “consumption” is interpreted to cover “smoking, sucking, chewing, or snuffing.” The definition of “tobacco product” is broader than the FCTC definition in that it applies to products and devices used in the consumption of tobacco, as well as products containing tobacco. This is significant in that the provisions of the law prohibiting smoking of a tobacco product could be applied to these products used for tobacco consumption.
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))
Private Dwelling
Private dwelling: means any part of-
(a) any room or apartment of a building or structure which is occupied as a residence; or
(b) any building or structure or outdoor living area which is accessory to, and used wholly or principally for, residential purposes.
This definition is significant because a “private dwelling” is excluded from the definition of workplace, and because smoking is prohibited in private dwellings used for childcare, schooling, or tutoring.
