Last updated: December 3, 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. The law’s smoke free measures provide that “smoking is prohibited in enclosed public places. . .” rather than, for example, “no person shall be exposed to second hand smoke in enclosed 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
The lack of definition for this key term could hinder implementation of the ban on smoking.
A definition of “smoking” or “smoke” 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
Public spaces: places accessible by the general public or places for collective use, regardless of whether publicly or privately owned. In any case, public spaces include public or collective transportation vehicles.
The definition of “public spaces” 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 lack of definition for this key term could hinder implementation of the ban on smoking in workplaces.
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
The lack of definition for this key term could hinder implementation of the ban on public transportation.
A definition of “public transportation” 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
The lack of definition for this key term can hinder implementation of the ban on smoking in “enclosed spaces.” Although the law does contain a definition of “open space,” which aids in determining what is an “enclosed space,” a definition of “enclosed” or “indoor” would still assist with implementation.
A definition of “enclosed” or “indoor” 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 products: those destined for smoking, inhalation, dipping or chewing, made up, even in part, by tobacco.
The definition of “tobacco product” 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))
Open Spaces
Open spaces: for the purposes of this Law, in the hospitality business, open spaces are any open areas, or spaces that, in spite of being covered, have at most two walls, sides or faces surrounding them.
The definition of “open space” is significant because in some provisions the law specifically states that the smoking ban does not extend to open spaces.
