Last updated: February 11, 2024
Key Terms
Second Hand Smoke (or similar term)
Although the law does not define this term, a definition in the law is not strictly necessary because the law prohibits or restricts “smoking” in certain places, rather than prohibiting “exposure to second hand smoke.”
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
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 smoking should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 17.
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” means any place to which the public have access, whether as of right or otherwise.
The definition of "public place" contained in the law aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition could be made stronger if it specified that public places also are places of collective use regardless of ownership.
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
Smoking is prohibited in enclosed public places, which include workplaces. Having no definition for this key term, however, 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 “workplace” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 20.
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
In the definition of “public place,” the term “public conveyances” is used but “public conveyances” is not further defined. 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 “public transport” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 22.
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
“Tobacco product” means any product manufactured wholly or partly from tobacco which is intended to be smoked, sniffed, sucked or chewed.
The definition of "tobacco product" in the law aligns with the definition of "tobacco product" 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))
Enclosed Public Places
“Enclosed public places” includes any government department, statutory authority or board or public institution, office premises, bank, court house, auditorium, sports complex, hospital, clinic, dispensary, laboratory, school, university or other educational institution, library, museums, places of worship, guest house, lodge, hostel, restaurant, club, internet café, cinema, theatre, supermarket, airport, waiting room in a railway station or bus terminal, any public conveyance, building, any building area and lift.
This definition does not align with the definition of “public place” as provided in FCTC Art. 8 Guidelines para. 18. Lists of public places covered by the smoking ban can create confusion about whether the list is all inclusive or merely meant to provide examples. Additionally, lists of public places where smoking is banned may not be necessary if broad definitions of “indoor” or “enclosed,” “workplace,” and “public place” provided in the FCTC Art. 8 Guidelines are used. Moreover, this definition is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it appears to exclude temporary structures. A definition of “public place” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 18.
