Last updated: February 24, 2020

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

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Analysis

The Tobacco Control Act prohibits smoking in all indoor workplaces. The Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “offices, office buildings and workplaces including individual offices, public areas, corridors, lounges, guest rooms, lodging, eating areas, reception areas, lifts escalators, foyers, stairwells, toilets, laundries and amenity areas”. Because the definition of “workplace” in the Act is broad, this provision alone prohibits smoking in workplaces of any kind. However, further reinforcing the scope of the ban, the Second Schedule goes on to list numerous types of public places, that are also workplaces for some people, in which smoking is prohibited including: court buildings, factories, hotels, bars and restaurants, hospitals and healthcare institutions, education institutions, childcare facilities, places of worship, prisons and police cells, public transport terminals, retail establishments, cinemas, theatres, and sports stadiums.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor workplaces.

All indoor public places

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Analysis

The Tobacco Control Act prohibits smoking in all indoor public places. The Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including: “offices, office buildings and workplaces including individual offices, public areas, corridors, lounges, guest rooms, lodging, eating areas, reception areas, lifts escalators, foyers, stairwells, toilets, laundries and amenity areas”; court buildings; factories; hotels; bars and restaurants; hospitals and healthcare institutions; education institutions; childcare facilities; places of worship; prisons and police cells; public transport terminals; retail establishments; cinemas and theatres; and sports stadiums.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor public places.

All public transport

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Analysis

The Tobacco Control Act prohibits smoking in public transport. The Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “public service vehicles and other means of public transport”. Public transport is defined broadly to include “any means of transport used for the carriage of members of the public.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport.

Government facilities

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Analysis

The Tobacco Control Act does not specifically address smoking in government facilities. However the Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including: “offices, office buildings and workplaces . . . .” Because government facilities are workplaces for some people, the Act is interpreted as prohibiting smoking in government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in government facilities.

Private offices

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “workplaces including individual offices.” Therefore, smoking is prohibited in private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in private offices.

Hospitals

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “hospitals, clinics and other health institutions”. Therefore, smoking is prohibited in hospitals. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hospitals.

Residential healthcare facilities - public areas

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “hospitals, clinics and other health institutions”. Therefore, smoking is prohibited in public areas of residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of residential healthcare facilities.

Non-residential healthcare facilities

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “hospitals, clinics and other health institutions”. Therefore, once the Act is in effect, smoking will be prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in non-residential healthcare facilities.

Childcare facilities/preschools

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “education institutions of all levels” and “premises in which children are cared for”. Therefore, smoking is prohibited in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in childcare facilities and preschools.

Primary and secondary schools

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “education institutions of all levels”. Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in primary and secondary schools.

Universities/vocational facilities

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “education institutions of all levels”. Therefore, smoking is prohibited in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in universities and vocational facilities.

Shops

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “retail establishments including markets and shopping malls”. Therefore, smoking is prohibited in shops.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in shops.

Cultural facilities

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Analysis

The Tobacco Control Act does not specifically address smoking in cultural facilities. However the Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “cinemas and theatrical performance halls”, which are types of cultural facilities. In addition, the Second Schedule prohibits smoking in “workplaces”. Because cultural facilities are workplaces for some people, the Act is interpreted as prohibiting smoking in all cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in cultural facilities.

Indoor stadium/arenas

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “sports stadia”. Therefore, smoking is prohibited in stadiums and arenas. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in stadiums and arenas.

Restaurants

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “bars and restaurants”. Therefore, smoking is prohibited in restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in restaurants.

Bars/pubs/nightclubs

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “bars and restaurants”. Bars are interpreted to include pubs and nightclubs. Therefore, smoking is prohibited in bars, pubs, and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in bars, pubs, and nightclubs.

Casinos

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Analysis

The Tobacco Control Act does not specifically address smoking in casinos. However the Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including: “workplaces.” The definition of workplace is broad and includes any “area, permanent or temporary, in which a person performs duties of employment or work”, and therefore casinos are workplaces. Therefore, smoking is prohibited in casinos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in casinos.

Hotels/lodging - public areas

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “hotels”. This provision alone prohibits smoking in public areas of hotels. However, the Second Schedule also prohibits smoking in “workplaces including . . . public areas, corridors, lounges, guest rooms, lodging, eating areas, reception areas, lifts, escalators, foyers, stairwells”, which reinforces that smoking will be prohibited in public areas of hotels. Therefore, smoking is prohibited in public areas of hotels.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of hotels and lodging.

Hotels/lodgings - guest rooms

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “hotels.” The Second Schedule further prohibits smoking in “workplaces including . . . guest rooms, lodging . . . .” Therefore, smoking is prohibited in hotel guest rooms.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in guest rooms of hotels and lodging.

Prisons/detention facilities - public areas

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “prisons” and “police cells.” Therefore, smoking is prohibited in prisons and detention facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in prisons and detention facilities.

Trains, buses and other shared ground transportation other than taxis

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “public service vehicles and other means of public transport”. Public transport is defined broadly to include “any means of transport used for the carriage of members of the public”. Therefore, smoking is prohibited on trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses, and other shared ground transportation.

Taxis (for-hire vehicle)

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “public service vehicles and other means of public transport”. Public transport is defined broadly to include “any means of transport used for the carriage of members of the public”. Therefore, smoking is prohibited in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.

Commercial aircraft

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “public service vehicles and other means of public transport”. Public transport is defined broadly to include “any means of transport used for the carriage of members of the public”. Therefore, smoking is prohibited in in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.

Commercial watercraft

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Analysis

The TCA states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “public service vehicles and other means of public transport”. Public transport is defined broadly to include “any means of transport used for the carriage of members of the public”. Therefore, smoking is prohibited in commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft.

Public transport facilities (waiting areas for mass transit)

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Analysis

The Tobacco Control Act states that a person shall not smoke in a public place, workplace or means of public transport prescribed in the Second Schedule. The Second Schedule lists numerous types of places where smoking is prohibited including “public transport terminals, including airports and airfields.” Therefore, smoking is prohibited in public transport facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport facilities.