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Term --FCTC-Based Definition Brunei Darussalam
Workplace View Definition

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)

Defined
Yes
Analysis

The regulations contain a definition of "office premises," rather than a definition of "workplace." The definition of "office premises" is narrower than the definition of "workplace" contained in the FCTC Art. 8 Guidelines in that it covers only those places in which "administrative or clerical" work is carried out, whereas the definition of "workplace" in the FCTC Art. 8 Guidelines covers places where all types of work are carried out. This could have the unintended effect of permitting smoking in some types of workplaces. However, because the regulations also prohibit smoking in "factories," "government premises," and many enumerated public places, virtually all "workplaces" (as defined in the FCTC Art. 8 Guidelines) are covered under the smoking ban. In addition, the definition of "premises" is broader than the definition of "workplace" in that it also covers "adjoining land used in connection therewith." Because the law prohibits smoking in "offices premises," smoking is prohibited in outdoor as well as indoor areas of workplaces.

Although the law appears to have a comprehensive ban on smoking in workplaces, in order not to unintentionally exclude some workplaces, and to fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulations should provide a definition of "workplace" in accordance with the definition in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Defined
Yes
Analysis

The definition of "public service vehicle" contained in the law aligns with the definition of "public transport" provided in the FCTC Art. 8 Guidelines. However, only those "public service vehicles" listed in the Second Schedule of the regulations are smoke free.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

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)

Not Defined
No
Analysis

The law and regulations do not contain a definition of "second hand smoke." However, a definition is not strictly necessary because the law prohibits smoking in specified places, rather than prohibiting exposure to second hand smoke.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

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)

Defined
Yes
Analysis

The definition of "smoking" contained in the law aligns with the definition of "smoking" provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Public Place View Definition

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)

Not Defined
No
Analysis

The law does not contain a definition of public place. Rather, the law prohibits smoking in premises and buildings specified in the regulations. The definition of "premises" in the regulations does not align with the definition of "public place" in the FCTC Art. 8 Guidelines in that it does not address right of access. However, the definition of "premises" is broader than the definition of "public place" in that it includes lands adjoining a building. The regulations set out an extensive list of premises and buildings that are smoke free; however, this approach may result in some public places being unintentionally excluded from the list.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of "public place" in accordance with the FCTC Art. 8 Guidelines definition and prohibit smoking in all public places.

Not Applicable
Not Applicable
Tobacco Product View Definition

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))

Defined
Yes
Analysis

The definition of "tobacco product" contained in the law aligns with the definition provided in FCTC Art. 1(f).

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

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)

Not Defined
No
Analysis

The law and regulations do not contain a definition of "indoor" or "enclosed." The lack of definition for this key term could impede compliance with FCTC Art. 8 and the FCTC Art. 8 Guidelines. For example, the regulations prohibit smoking in the buildings listed in the First Schedule. However, if it is unclear what an "enclosed" building is, implementation of the law may not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines.

The law or regulations should provide a definition of "indoor" or "enclosed" in accordance with the definition contained in FCTC Art. 8 and the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Brunei Darussalam
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law states that the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations list numerous premises and buildings in which smoking is completely prohibited, including, among others: government premises, office premises, factories and workshops, restaurants, hotels and many other workplaces and public places. Thus, although the definition of "office premises" only covers places in which "administrative or clerical" work is carried out, the inclusion of many other types of workplaces in the First Schedule means almost all "workplaces" (as defined in the FCTC Art. 8 Guidelines) are covered under the smoking ban. However, hotel guestrooms, which are workplaces for some, are specifically not covered under the ban. Because smoking is not prohibited in hotel guest rooms and some workplaces may be unintentionally excluded from the list, the regulatory status "Smoking is Restricted" is given.

To ensure alignment with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulations should include a definition of "workplace" in accordance with the definition contained in the FCTC Art. 8 Guidelines and prohibit smoking in all "workplaces."

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law states that the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations lists numerous premises and buildings in which smoking is completely prohibited, which includes almost all types of public places. However, hotel guest rooms, which are housed within public places (as defined in the FCTC Art. 8 Guidelines), are specifically not covered under the ban. Although hotel guest rooms are not public places, permitting smoking in some guest rooms will result in exposure to tobacco smoke in other areas of the hotel, including public areas.  In addition, some public places may be unintentionally excluded from the list.  Therefore, the regulatory status code “Smoking is Restricted” is given rather than “100% Smoke Free.”

To ensure alignment with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulations should include a definition of "public place" in accordance with the definition contained in the FCTC Art. 8 Guidelines and prohibit smoking in all "public places."

Not Applicable
Not Applicable
All public transport
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law states that the Health Minister may specify any "public service vehicle" as a vehicle in which smoking is not permitted. The Second Schedule of the regulations lists public service vehicles in which smoking is prohibited, as follows: any motor omnibus (defined as a public service vehicle that can carry 7 or more passengers), any private bus, any private hire bus, any school bus, and any taxicab (defined as a motor vehicle licensed to carry not more than 6 passengers). This list does not include trains or watercraft (both of which are forms of transport in Brunei), and may neglect to include other types of public transport. Therefore, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all means of public transport.

Not Applicable
Not Applicable
Government facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "government premises" as a place where smoking is prohibited. Government premises is defined as "any premises owned or occupied by the Government or any statutory body." Therefore, smoking is prohibited in all government facilities.

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

Not Applicable
Not Applicable
Private offices
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "office premises" as places that are smoke free. This is interpreted as prohibiting smoking in all indoor private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, which require Parties to provide protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

Not Applicable
Not Applicable
Hospitals
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "hospital, medical clinics or nursing homes" as places where smoking is prohibited. (The regulations define "hospital" as "any premises used or intended to be used for the reception, lodging, treatment and care of persons who require medical treatment or suffer from any sickness, disease, injury or infirmity".) Therefore, smoking is prohibited in all hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "hospital, medical clinics or nursing homes" as places where smoking is prohibited. The regulations define "nursing home" as "any premises used or intended to be used for the reception of, and the provision of nursing for, persons suffering or convalescing from any sickness, injury or infirmity." This is interpreted as covering all residential healthcare facilities. Therefore, smoking is prohibited in residential healthcare facilities, including their public areas.

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

Not Applicable
Not Applicable
Non-residential healthcare facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "hospital, medical clinics or nursing homes" as places where smoking is prohibited. The regulations define "medical clinic" as "any premises used or intended to be used by a medical practitioner or a dentist, as the case may be, registered under the Medical Practitioners and Dentists Act (Chapter 112) or any other persons - (a) for the diagnosis or treatment of persons suffering from or believed to be suffering from any disease, injury or disability of mind or body; or (b) for curing or alleviating any abnormal condition of the human body by the application of any apparatus, equipment, instrument or device requiring the use of electricity, heat or light." This is interpreted as covering all non-residential healthcare facilities. Therefore, smoking is prohibited in non-residential healthcare facilities.

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

Not Applicable
Not Applicable
Childcare facilities/preschools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "any area in a child care center" and "any area in an educational institution" as places where smoking is prohibited. The regulations define “educational Institution,” by reference to the Education Act, as including “a pre-school class, [or] a kindergarten.” 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 childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "any area in an educational institution" as a place where smoking is prohibited. The regulations define “educational institution,” by reference to the Education Act, as "a school or any other place where, in the carrying on of the work of the organisation or institution, persons are habitually taught, whether in one or more classes, and includes a pre-school class, a kindergarten and a distance education centre . . . ." 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 primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "any area in . . . a higher educational institution" as a place where smoking is prohibited. The regulations define "higher educational institution," by the Education Act, as "an educational institution providing higher education leading to the award of a diploma, degree or the equivalent thereof." 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 universities and vocational facilities.

Not Applicable
Not Applicable
Shops
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "shop" and "shopping complex" as places where smoking is prohibited. Therefore, smoking is prohibited in shops.

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

Not Applicable
Not Applicable
Cultural facilities
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (amended 2012) lists public museums, public art galleries, and public libraries as places where smoking is prohibited. Entertainment centers, theaters, cinemas and function halls are also smoke free. These provisions are interpreted as prohibiting smoking in all cultural facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities. However, to ensure that all cultural facilities are smoke free, the law should clearly state that smoking is prohibited in all cultural facilities, rather than listing types of cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "sports arena or sports stadium . . . or any other premises for sports activity" and "any area which is used for any assembly activity in a building other than private or residential building" as places where smoking is prohibited. These provisions are interpreted as prohibiting smoking in all indoor stadiums and arenas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "eating place including any toilet within the boundaries thereof" and "restaurant . . . in any private club" as places where smoking is prohibited. "Eating place" is defined as "any place or any part of the place where food, meals or refreshments are served to the public and includes a ballroom of a hotel." Therefore, smoking is prohibited in all restaurants.

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

Not Applicable
Not Applicable
Bars/pubs/nightclubs
N/A
Not Applicable
Analysis

Alcohol is not sold in Brunei and therefore there are no bars, pubs, or nightclubs.

Not Applicable
Not Applicable
Casinos
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

There are no casinos in Brunei. However, there are "entertainment centers" which are defined as "any premises where jackpot machines, pinball machines, video game machines or any other similar game machines are provided for entertainment."

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "entertainment centers" as a place where smoking is prohibited.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to entertainment centers

Not Applicable
Not Applicable
Hotels/lodging - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "corridor, lobby, staircase, toilet or other common area in . . . hotel, resthouse, resort centre or hostel" and "hall, ballroom or function room (including any such premises located in a hotel) whether or not it is being used for holding a meeting, conference, seminar, course or any exhibition or for the purpose of serving meals" as places where smoking is prohibited. Therefore, smoking is prohibited in public areas of hotels and lodging.

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

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) prohibits smoking in common areas of hotels and lodging, but does not address guest rooms of hotels and lodging. Therefore, the law is interpreted as permitting smoking in guest rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in guest rooms of hotels and lodging.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "government premises" as a place where smoking is prohibited. The regulations define “government premises” as "any premises owned or occupied by the Government or any statutory body." Because prisons and detention facilities are owned by the government, the law is interpreted as prohibiting smoking in prisons and detention facilities, including public areas.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law states that the Health Minister may specify any "public service vehicle" as a vehicle in which smoking is not permitted. The Second Schedule of the regulations lists public service vehicles in which smoking is prohibited, as follows: any motor omnibus (defined as a public service vehicle that can carry 7 or more passengers), any private bus, any private hire bus, any school bus, and any taxicab (defined as a motor vehicle licensed to carry not more than 6 passengers). This list does not include trains and may neglect to include other types of shared ground transport. Therefore, the regulatory status "Smoking is Restricted" is given because smoking is prohibited in some but not all forms of shared ground transport.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law states that the Health Minister may specify any "public service vehicle" as a vehicle in which smoking is not permitted. The Second Schedule of the regulations lists public service vehicles in which smoking is prohibited, as follows: any motor omnibus (defined as a public service vehicle that can carry 7 or more passengers), any private bus, any private hire bus, any school bus, and any taxicab (defined as a motor vehicle licensed to carry not more than 6 passengers).

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

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law states that the Health Minister may specify any "public service vehicle" as a vehicle in which smoking is not permitted. The Second Schedule of the 2007 regulations lists public service vehicles in which smoking is prohibited, as follows: any motor omnibus (defined as a public service vehicle that can carry 7 or more passengers), any private bus, any private hire bus, any school bus, and any taxicab (defined as a motor vehicle licensed to carry not more than 6 passengers). The schedule does not address commercial aircraft. However, Royal Brunei Airlines has a policy prohibiting smoking on all international and regional flights. The use of e-cigarettes is also prohibited. http://www.flyroyalbrunei.com/australia/travel-info/regulations-passenger-info/. Other airlines that fly into Brunei have similar policies.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should specifically state that smoking is prohibited on all commercial aircraft.

Not Applicable
Not Applicable
Commercial watercraft
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law states that the Minister may specify any "public service vehicle" as a vehicle in which smoking is not permitted. The Second Schedule of the 2007 regulations lists public service vehicles in which smoking is prohibited, as follows: any motor omnibus (defined as a public service vehicle that can carry 7 or more passengers), any private bus, any private hire bus, any school bus, any taxicab (defined as a motor vehicle licensed to carry not more than 6 passengers). The schedule does not address commercial watercraft and therefore the law is interpreted as permitting smoking on commercial watercraft.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Under the Tobacco Order, 2005, the Health Minister may specify any "premises or building or any such part thereof" as a place in which smoking is not permitted. The First Schedule of the regulations (as amended in 2012) lists "public transport terminal, bus-stop or taxi stand" and "any airport including its premises" as places that are smoke free. The regulations define "public transport terminal" as "any place for purchasing tickets or for getting on and off any public transport." Therefore, all public transport facilities are smoke free.

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

Not Applicable
Not Applicable
Brunei Darussalam
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
Yes
Yes
Not Applicable
Not Applicable
Brunei Darussalam
Post signs
Yes
Yes
Analysis

The law requires managers of smoke free places and operators of smoke free vehicles to "cause to be displayed a suitable and sufficient number of notices of an adequate size in conspicuous positions therein stating to the effect that smoking is prohibited by law." The law authorizes the Director General of Health Services to issue regulations regarding such signs; however, no such regulations have yet been issued as of the date of this review. Any manager or operator who fails to display the required signs is subject to a fine of $1000. The Director General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.

The law aligns with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 31. However, to more fully align, the Director General should issue regulations specifying the form and content of the signs, which may identify a telephone number to report violations and the name of the person to whom complaints should be addressed. The law might also include administrative sanctions, such as suspension of business license for failure to comply.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law does not impose a duty upon business owners/employers/supervisors to remove ashtrays.

To align with FCTC Art. 8 and FCTC Art. 8 Guidelines para. 31(b), the law should impose a duty to remove ashtrays.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
Yes
Yes
Analysis

The law provides that the manager of a smoke free place or operator of a smoke free vehicle "shall require any person who smokes ... a) to cease smoking immediately ... b) if that person refuses, neglects or fails to cease smoking, he shall require him to leave the specified place or specified vehicle immediately. "If the person refuses to leave, the manager or operator shall seek the assistance of the police. If a manager or operator fails to comply with these provisions, he/she is subject to a fine of up to $1000 and in the case of a second offense, a fine up to $2000. The Director General of Health Services of an authorized person may compound this offense by collecting a sum not exceeding $500.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to imposing a duty to take steps to require a person to stop smoking. To more fully align, the law might also include administrative sanctions, such as suspension of business license for failure to comply.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The law imposes a duty on smokers not to smoke where prohibited and imposes a fine of up to $1000 on those who smoke in smoke free places. The Director General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.

The law imposes the same fine on smokers as it does on businesses that fail to comply. The FCTC Art. 8 Guidelines recognize that larger penalties are required to deter business violators than to deter violations by individual smokers, who usually have fewer resources.

To more fully align with the FCTC Art. 8 Guidelines, the drafters of the law might consider whether the fines serve as adequate deterrents, and whether larger fines for businesses than individuals might be appropriate.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

If a person lodges a complaint about another person smoking in a smoke free place, it is the duty of the manager of the place or operator of the vehicle to investigate the complaint and to take action if the complaint is found to be true.

A manager of a place or operator of a vehicle that violates this provision is subject to a fine of up to $1000 for the first offense and up to $2000 for the second offense. The Director General of Health Services or an authorized person may compound this offense by collecting a sum not exceeding $500.

Not Applicable
Not Applicable
Brunei Darussalam
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable