LANGUAGE
Last updated: September 22nd 2017

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

All indoor workplaces

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 1994 Law restricts smoking in “establishments . . . in public enclosed locations” to specially designated areas. The 1994 Law defines “establishment” as “all industrial establishments, tourism related establishments, all electricity production establishments . . . any other establishment that has impact on environment” and therefore encompasses some, but not all, workplaces.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

All indoor public places

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 2007 Law prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” The 1994 Law restricts smoking to specially designated areas in “establishments . . . in public enclosed locations.” The 1994 Law defines “establishment” as “all industrial establishments, tourism related establishments, all electricity production establishments . . . any other establishment that has impact on environment.” Thus, smoking is prohibited in some public places and restricted in others.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

All public transport

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Both the 1981 Law and the 1994 Law specifically prohibit smoking on public transport. The Bylaw contains the definition of "public transport," which includes all means of transportation used to transport people.

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

Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, government facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard to government facilities.

Private offices

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The 1994 and 2007 laws address smoking in public places, but do not address smoking in private offices. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces, including private offices, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free.

Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, hospitals are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Residential healthcare facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, public areas of residential healthcare facilities are smoke free.

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

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore non-residential healthcare facilities are smoke free.

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

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” “Educational facilities” and “youth centers” are interpreted to include preschools and childcare facilities, respectively, and therefore smoking is prohibited in these places.

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

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, primary and secondary schools are smoke free.

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

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Therefore, universities and vocational facilities are smoke free.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to university/vocational facilities.

Shops

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Stores or shops are not on this list of smoke free places, and therefore smoking is not restricted.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in shops or stores and therefore does not provide effective or universal protection against tobacco smoke exposure in these places. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Cultural facilities

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

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Thus, to the extent that cultural facilities are owned or operated by the government, they are smoke free as “government venues.” The 1994 Law restricts smoking to designated areas in “establishments,” which is defined to include “tourism related establishments.” To the extent that cultural facilities are “tourism related establishments,” smoking is restricted. In other types of cultural facilities (e.g., libraries), smoking is not restricted.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in cultural facilities and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Indoor stadium/arenas

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Stadiums are not included on this list and therefore smoking is not restricted.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Restaurants

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Restaurants are not included on this list and therefore smoking is not restricted.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Bars/pubs/nightclubs

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Bars, pubs, and nightclubs are not included on this list and therefore smoking is not restricted.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Casinos

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Casinos are not included on this list and therefore smoking is not restricted.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Hotels/lodging - public areas

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Hotels and other lodging are not included on this list and therefore smoking is not restricted.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Hotels/lodgings - guest rooms

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Hotels and other lodging are not included on this list and therefore smoking is not restricted.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Prisons/detention facilities - public areas

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Prisons are not included on this list and therefore smoking is not restricted.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Both the 1981 Law and the 1994 Law specifically prohibit smoking on public transport. The definition of "public transport" in the Bylaw includes all means of transportation used to transport people. Thus, trains, buses, and other shared ground transportation are smoke free.

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

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Both the 1981 Law and the 1994 Law specifically prohibit smoking on public transport. The definition of "public transport" in the Bylaw includes all means of transportation used to transport people. Thus, taxis are smoke free.

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

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Both the 1981 Law and the 1994 Law specifically prohibit smoking on public transport. The definition of "public transport" in the Bylaw includes all means of transportation used to transport people. Thus, commercial aircraft are smoke free.

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

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

Both the 1981 Law and the 1994 Law specifically prohibit smoking on public transport. The definition of "public transport" in the Bylaw includes all means of transportation used to transport people. Thus, commercial watercraft are smoke free.

Public transport facilities (waiting areas for mass transit)

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

Article 2 of the 2007 Law (which amends the 1981 Law, adding Art. 6 Bis (3)) prohibits smoking in specified public places, namely: “health and educational facilities, governmental venues, sporting and social clubs, youth centers.” Public transport facilities, such as train stations, bus terminals, and airports, are not included on this list and therefore smoking is not restricted.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environments in public transport facilities and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Private offices

Smoking is Not Restricted
Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The 1994 and 2007 laws address smoking in public places, but do not address smoking in private offices. The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for a 100% smoke free environment in all indoor workplaces, including private offices, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free.