Last updated: February 11, 2024
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 Act or Regulations. The law’s smoke free measures provide that “smoking is prohibited in” specified places, rather than, for example, “no person shall be exposed to second hand smoke” in specified 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
“Smoking” refers to the act of smoking, sniffing, sucking, or chewing tobacco products, or holding burning tobacco products or other methods of consuming tobacco products.
The definition of “smoking” contained in the law aligns 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
The law does not contain a definition of “public place.” Although not strictly necessary to interpret the law (which prohibits or restricts smoking in specified types of places), a definition should be provided in order to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require protection from tobacco smoke in all public places.
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 Tobacco Act does not contain a definition of “workplace.” The lack of definition for this key term can hinder implementation of other substantive provisions of a law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “workplace” in accordance with the definition provided 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 provide a definition of “public transportation.” The lack of definition for this key term could hinder implementation of substantive provisions of the law. The law should provide a definition of “public transportation” in accordance with the definition contained 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 and regulations do not contain a definition of “indoor” or “enclosed.” However, the Smoking Room Regulations define “semi-outdoor” as an establishment with “no walls or its total open areas directly facing outside are more than one-fourth of its total wall areas.” By implication, if a place has more than one-fourth of its total wall space contained with walls, it is indoors. This aligns with the intent of FCTC Art. 8 and 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” refer to paper cigarettes, cut tobacco, cigars, and other tobacco products entirely or partly made of the leaf tobacco or nicotine-containing natural plants for smoking, chewing, sucking, snuffing, or other methods of consuming.
The definition of “tobacco products” contained 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))
Semi-outdoor
Semi-outdoor means a place having “no walls or its total open areas directly facing outside are more than one-fourth of its total wall areas.”
The Smoking Room Regulations define “semi-outdoor” as an establishment with “no walls or its total open areas directly facing outside are more than one-fourth of its total wall areas.” By implication, if a place has more then one-fourth of its total wall space contained with walls, it is indoors. This aligns with the intent of FCTC Art. 8 and the FCTC Art. 8 Guidelines.
