Last updated: November 22, 2022
Key Terms
Second Hand Smoke (or similar term)
“Second hand smoke” means the smoke emitted from the burning end of a cigarette or from other smoked tobacco products, usually in combination with the smoke exhaled by the smoker.
The definition of “second hand smoke” contained in the law aligns with the definition of “second hand smoke” provided in the FCTC Art. 8 Guidelines.
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
“Smoke” means being in possession or control of a lit tobacco product, regardless of whether the smoke is being actively inhaled or exhaled.
The definition of “smoke" contained in the law aligns with the definition of “smoke” 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 place” means any place accessible to the general public or place of collective use, regardless of ownership or right of access but does not include privately-occupied residences, not used for commercial purposes.
The definition of “public place” 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
“Workplace” means any place used by one or more persons during their paid or unpaid employment or work and includes work vehicles used during or incidental to the course of employment or work. This excludes private residences except those used for commercially operated childcare activities.
The definition of “workplace” contained in the law does not align with the definition of “workplace” provided in the FCTC Art. 8 Guidelines because the law’s definition excludes private residences except those used for commercially operated childcare activities. This fails to encompass other private residences which may constitute an individual’s workplace, including residential nursing homes, for example.
A definition of “workplace” should be provided 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
“Public conveyance” means any vehicle used for carriage of members of the public, usually for reward or commercial gain, including taxis but does not include privately-operated vehicles, not used for commercial purposes.
The definition of “public conveyance” contained in the law aligns with the definition of “public transport” 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” means 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.
The definition of “enclosed” contained in the law aligns with the definition of “indoor or enclosed” 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 product” means any product entirely or partly made from the leaf of the tobacco as raw material which is manufactured to be used for smoking, sucking, chewing or snuffing.
The definition of “tobacco product” contained in the law aligns with the definition of “tobacco product” provided in the 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))
Outdoor
“Outdoor” means any space or place that is not “enclosed” as that term is defined in this Act.
The definition of “outdoor” is relevant because any place which is not enclosed, as defined in the law, is considered outdoor and the law prohibits smoking in certain outdoor places.
