Last updated: January 6, 2026
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 “smoking is prohibited in” certain types of places. 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
"Smoking" refers to the lighting, inhalation, or holding of any tobacco product, including electronic cigarettes and water pipes (hookahs).
The definition of "smoking" contained in the law aligns with the definition of “smoking” provided in the FCTC Art. 8 Guidelines, as it encompasses being in possession of a lit tobacco product (as well holding any e-cigarette).
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 environment" is any environment open to the public.
The definition of “public environment” contained in the law 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
"Work environment" refers to any enclosed space where employees perform their job duties, including meeting rooms, hallways, staircases, elevators, restrooms, and any other enclosed area within the workplace.
The definition of "work environment" contained in the law aligns with the definition of “workplace” 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 contain a definition of "public transport." 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
"Enclosed environment" is:
a) an environment that has a ceiling or roof, with doors, windows, or passageways – whether open or closed - and is entirely enclosed by walls or any other type of permanent or temporary material;
b) an environment that has a ceiling or roof, doors, windows, or passageways—whether open or closed—and is enclosed by permanent or temporary walls, where the walls have permanent openings that cannot be opened or closed, covering less than 50 percent of the total wall area.
The definition of “enclosed environment” contained in the law does not align with the definition of “indoor” or “enclosed” provided in the FCTC Art. 8 Guidelines. The definition in the law considers a place enclosed if it has a roof or ceiling and more than 50% of total wall space is occupied by a wall (inclusive of windows and doors); whereas the definition in the FCTC considers a place enclosed if it has a roof or ceiling and one or more walls. Therefore, some places would be considered “enclosed” under the FCTC definition and considered “open” under the law’s definition.
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 products" means products that can be consumed and consist, even partly, of tobacco, whether genetically modified or not.
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))
