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Term --FCTC-Based Definition Bermuda
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 law’s definition of "enclosed workplace" does not align with the definition provided in the FCTC Art. 8 Guidelines. The law’s definition references the definition of “employee” in the Employment Act 2000, which is more limiting and less protective than the scope of the FCTC Art. 8 Guidelines definition because it only applies to workplaces where individuals receive compensation and excludes persons under the age of sixteen, casual workers, part-time employees, temporary employees, students, voluntary workers, and other classes of people prescribed by regulation. Nonetheless, the effect of the law may be complete because all enclosed public places are covered under the law as well.

To ensure enforcement of the smoking prohibition in all indoor workplaces, a definition of "workplace" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines. Additionally, the definition in the law could be improved if it specified it includes both permanent and temporary areas.

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 law’s definition of “public conveyance” aligns with the definition of “public transport” provided in the FCTC Art. 8 Guidelines.

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 does not contain a definition of “second hand smoke.” However, a definition of this term is not necessary for interpretation of the law because the law prohibits smoking in enclosed public places, enclosed workplaces, and public conveyances 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 law’s definition of “smoking” aligns with the key concept from the FCTC Art. 8 Guidelines definition in that it encompasses possession or control over a lit tobacco product. Additionally, the law’s definition is more expansive than the definition provided in the FCTC Art. 8 Guidelines because it includes the act of smoking a "heated” cigarette/tobacco product or cigarette/tobacco product “producing emissions by any means,” such as an e-cigarette.

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)

Defined
Yes
Analysis

The law contains a definition of “enclosed public place,” which combines definitions for “enclosed” and “public place.” The portion of this definition that defines “public place” aligns with the definition of “public place” contained in the FCTC Art. 8 Guidelines. However, the law’s definition could be clearer if it specified it applies regardless of ownership or right of access.

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 law’s definition of “tobacco product” aligns with the definition of “tobacco product” in the 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)

Defined
Yes
Analysis

The law contains definitions for “enclosed public place” and “enclosed workplace,” and the term “enclosed” is not defined separately. Under these definitions, an area is “enclosed” if it is completely covered by a roof or is more than 50% closed to outside air. In contrast, the definition of “enclosed” in the FCTC Art. 8 Guidelines defines “enclosed” as having a roof or one or more walls. Therefore, some places would be considered enclosed under the FCTC Guidelines definition but not under the definition in the law. To align with the FCTC Art. 8 Guidelines, the law should contain a definition of “enclosed” or “indoor” in accordance with the definition provided by the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Bermuda
All indoor workplaces
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 prohibits smoking in all enclosed workplaces without exception. Note, however, the limited scope of workplaces covered in the law’s definition of “enclosed workplace.” Additionally, the law prohibits smoking (1) of “cigarette products” and “tobacco products,” which includes “electronic cigarettes” and (2) “on the parts of buildings and land ancillary” to healthcare facilities, residential care facilities, educational facilities, daycare facilities and preschools, and public transportation terminals.

Thus, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces.

Not Applicable
Not Applicable
All indoor public places
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 prohibits smoking in all enclosed public places without exception. Additionally, the law prohibits smoking (1) of “cigarette products” and “tobacco products,” which includes “electronic cigarettes” and (2) “on the parts of buildings and land ancillary” to healthcare facilities, residential care facilities, educational facilities, daycare facilities and preschools, and public transportation terminals.

Thus, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places.

Not Applicable
Not Applicable
All public transport
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 prohibits smoking in all public conveyances without exception. Additionally, the law prohibits smoking (1) of “cigarette products” and “tobacco products,” which includes “electronic cigarettes” and (2) “on the parts of buildings and land ancillary” to public transportation terminals.

Thus, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect 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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Note, however, the limited scope of workplaces covered in the law’s definition of “enclosed workplace.” Nevertheless, Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited. Although government facilities are not specifically listed, “office buildings” and “any other facilities accessible by the public” are included. Therefore, smoking is likely prohibited in 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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Note, however, the limited scope of workplaces covered in the law’s definition of “enclosed workplace.” Nevertheless, Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited. While private offices are not specifically listed, “office buildings” and “any other facilities accessible by the public” are included. Therefore, smoking is likely prohibited in private offices.

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

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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “health facilities.” 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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “health facilities” and “residential care facilities.” Therefore, smoking is prohibited in all residential healthcare facilities.

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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “health facilities.” Therefore, smoking is prohibited in all 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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “day care facilities and preschools.” Therefore, smoking is prohibited in all 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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “educational facilities.” Therefore, smoking is prohibited in all 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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “educational facilities.” Therefore, smoking is prohibited in all 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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “shopping malls” and “retail establishments.” Therefore, smoking is prohibited in all 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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “theatres and cinemas” and “any other facilities accessible by the public.” Therefore, smoking is prohibited in all cultural facilities.

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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “sports facilities and recreational facilities” and “any other facilities accessible by the public.” Therefore, smoking is prohibited 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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “bars and restaurants.” 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
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 prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “bars and restaurants” and “night clubs.” Therefore, smoking is prohibited in all bars, pubs, and nightclubs.

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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Note, however, the limited scope of workplaces covered in the law’s definition of “enclosed workplace.” Nevertheless, Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited. While casinos are not specifically listed, “any other facilities accessible by the public” are included. Therefore, smoking is likely prohibited in casinos.

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

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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “hotels.” 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
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 prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Schedule 1, Part 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “hotels.” Therefore, smoking is prohibited in guest rooms of hotels and lodging.

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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places and enclosed workplaces without exception. Although the law does not specifically address prisons or detention facilities, the public areas of prisons and detention facilities would be covered under the ban as public places and workplaces. Therefore, the regulatory status “100% Smoke Free” is given.

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
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 prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all public conveyances without exception. 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.

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 prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all public conveyances without exception. 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.

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 prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all public conveyances without exception. Therefore, smoking is prohibited on commercial aircraft.

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

Not Applicable
Not Applicable
Commercial watercraft
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 prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all public conveyances without exception. Therefore, smoking is prohibited on commercial watercraft.

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

The law prohibits smoking of “cigarette products” and “tobacco products,” which includes “electronic cigarettes,” in all enclosed public places, enclosed workplaces and public conveyances without exception. Schedule 1 of the law includes a non-exhaustive list of places where smoking is prohibited and specifically includes “public transportation terminals” in Parts 1 (places) and 2 (premises). Therefore, smoking is prohibited in public transport facilities. (Note: the law was amended to include an exception for smoking in outdoor areas of L.F. Wade International Airport.)

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

Not Applicable
Not Applicable
Bermuda
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
Bermuda
Post signs
Yes
Yes
Analysis

The law requires employers to “post no-smoking signage in conspicuous places.” Violation is punishable with a fine of $1,000.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, to more fully align, drafters should consider including in the contents of the sign a method 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 a 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, or supervisors to remove ashtrays.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to remove ashtrays and impose penalties for violations of that duty.

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

The law requires employers to “ensure that the [enclosed workplace] environment is smoke free” and take “appropriate” action where an employee does not comply with the prohibition on smoking. Read together, these provisions impose a duty on employers to take reasonable steps to require any person to stop smoking. Violation is punishable with a fine of $1,000.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines. However, to more fully align, Bermuda should consider imposing administrative sanctions, such as suspension of a business license for failure to comply.

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

The law imposes a duty upon persons not to smoke where prohibited. Violation is subject to a fine of $1,000.

The law aligns with the FCTC Art. 8 and FCTC Art. 8 Guidelines with respect to imposing a duty and penalty for individuals who smoke where prohibited.

Not Applicable
Not Applicable
Other
Yes
Yes
Analysis

The law imposes a duty upon employers to inform all employees that the enclosed workplace environment is smoke free. Violation is subject to a fine of $1,000.

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