Last updated: October 6, 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 "it is not permitted to use tobacco [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
The law does not contain a definition of "smoking” or “smoke." Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
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 places” means places where people gather without discrimination and includes: places of worship, learning, public means of transportation, places providing health care, government, libraries, sporting facilities, gardens, public parks and any other public places identified by regulations.
The law contains a broad definition of "public places,” which aligns with the definition provided in the FCTC Art. 8 Guidelines. The definition could be clearer if it specified that these areas can be permanent or temporary in nature.
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
The law does not contain a definition of "public transport," although this term is included in the list of “public places.” Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.
A definition of "public transport" should be provided in accordance 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
“Closed places” means closed rooms intended for public use including ports, airports, transit stops, cinemas, theaters, museums, restaurants, hotels, commercial locations, electrical lifts, closed ladders to buildings, workshops, laboratories, closed warehouses, libraries, halls, rooms intended for use by more than one person at a single time, and any other closed place identified by regulations.
The definition of “closed places” contained in the law does not align with the definition of “indoor” or “enclosed” provided in the FCTC Art. 8 Guidelines because it does not capture the idea of roof, walls or sides; of any type of material; or of permanent or temporary structures.
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” means all tobacco products whether prepared for smoking, inhalation, chewing, or placement in the mouth for any other use and any product whereby tobacco components partially enter therein.
The definition of "tobacco" contained in the law does not align with the definition of “tobacco product” provided in FCTC Art. 1(f) because it does not note that this includes any product entirely or partly made of the leaf tobacco as a raw material.
A definition of "tobacco product" should be provided in accordance 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))
