LANGUAGE
Last updated: September 17th 2019

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Section 58(2) enumerates types of places in which smoking is restricted, including the catch-all “any other facilities accessible to the public.” Due to this catch-all provision, Sec. 58(2) does not limit the effect of Sec. 58(1). Because designated smoking areas are allowed in indoor workplaces and public places, the regulatory status code “Smoking is Restricted” is given.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places.

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Section 58(2) enumerates types of places in which smoking is restricted, including the catch-all “any other facilities accessible to the public.” Due to this catch-all provision, Sec. 58(2) does not limit the effect of Sec. 58(1). Because designated smoking areas are allowed in indoor workplaces and public places, the regulatory status code “Smoking is Restricted” is given.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places.

All public transport

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “a means of transportation used for commercial, public or professional purposes by more than one person.” Under Sec. 78, a designated smoking area must be “designed in a manner to prevent smoke from spreading to a non-smoking area.” Further, designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

Although many forms of public transport could not be designed to have a designated smoking area, some forms including trains and commercial watercraft could be designed with a designated smoking area. Because smoking is allowed in designated areas in some public transport, the regulatory status code “Smoking is Restricted” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all public transport, including trains and commercial watercraft.

Government 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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Section 58(2) provides a list of types of places that are included in “a work place and public place,” including “offices and office buildings,” “health and educational institutions,” “public transportation terminals” and “any other facilities accessible to the public.” Thus, if government facilities fall within any of these categories, smoking is restricted.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including government facilities.

Private offices

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “offices and office buildings.” A designated smoking area must be “designed in a manner to prevent smoke from spreading to a non-smoking area.” Because private offices are generally not designed in this manner, the law could be interpreted as prohibiting smoking in private offices, but more clarity is needed.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including private offices.

Hospitals

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “health institutions.” Therefore, smoking is restricted is hospitals.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including hospitals.

Residential healthcare facilities - public areas

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “health institutions.” Therefore, smoking is restricted in public areas of residential healthcare facilities.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including residential healthcare facilities.

Non-residential healthcare 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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “health institutions.” Therefore, smoking is restricted in non-residential healthcare facilities.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including non-residential healthcare facilities.

Childcare facilities/preschools

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “premises in which children are cared for” and “educational institutions.” Therefore, smoking is restricted in childcare facilities and preschools.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including childcare facilities and preschools.

Primary and secondary schools

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “educational institutions.” Therefore, smoking is restricted in primary and secondary schools.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including primary and secondary schools.

Universities/vocational 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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “educational institutions.” Therefore, smoking is restricted in universities and vocational facilities.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including universities and vocational facilities.

Shops

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “wholesale and retail establishments including shopping malls and markets.” Therefore, smoking is restricted in shops.

Designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including shops.

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “places of collective use” and “any other facilities accessible to the public.” These categories are interpreted as covering cultural facilities. Therefore, smoking is restricted in cultural facilities.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including cultural facilities.

Indoor stadium/arenas

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2) “a work place and public place” includes “sports stadia and other sports arenas, whether fully enclosed or not, and any enclosed recreational facilities.” Therefore, smoking is restricted in indoor stadiums and arenas.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including indoor stadiums and arenas.

Restaurants

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “bars, restaurants and pools, whether open or enclosed.” Therefore, smoking is restricted in restaurants.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including restaurants.

Bars/pubs/nightclubs

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “bars, restaurants and pools, whether open or enclosed” and “any other facilities accessible to the public.” Therefore, smoking is restricted in bars, pubs, and nightclubs.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including bars, pubs, and nightclubs.

Casinos

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes a list of enumerated places and “any other facilities accessible to the public.” This last phrase is interpreted as covering casinos. Therefore, smoking is restricted in casinos.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Article 8 and the FCTC Article 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including casinos.

Hotels/lodging - public areas

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes a list of enumerated types of places, as well as “places of collective use” and “any other facilities accessible to the public.” The phrases “places of collective use” and “facilities accessible to the public” are interpreted as covering public areas in hotels and lodging. Therefore, smoking is restricted in public areas of hotels and lodging.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including public areas of hotels and lodging.

Hotels/lodgings - guest rooms

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes a list of enumerated types of places, as well as “places of collective use” and “any other facilities accessible to the public.” The phrases “places of collective use” and “facilities accessible to the public” are interpreted as covering hotels and lodging. However, it is unclear whether a guest room may be a designated smoking area. Therefore, the regulatory status code “Uncertain” is given.

Designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the Art. Article 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including guest rooms of hotels and lodging.

Prisons/detention facilities - public areas

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes a list of enumerated types of places, as well as “places of collective use” and “any other facilities accessible to the public.” The phrases “places of collective use” and “facilities accessible to the public” are interpreted as covering public areas in prisons and detention facilities. Therefore, smoking is restricted in public areas of prisons and detention facilities.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including public areas of prisons and detention facilities.

Trains, buses and other shared ground transportation other than taxis

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “a means of transportation used for commercial, public or professional purposes by more than one person.” Under Sec. 78, a designated smoking area must be “designed in a manner to prevent smoke from spreading to a non-smoking area.” Further, designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the method of public transport must be smoke-free.

Although buses and minivans could not be designed to have a designated smoking area, trains could have designated smoking cars. Therefore, the regulatory status code “Smoking is Restricted” is given.

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

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “a means of transportation used for commercial, public or professional purposes by more than one person.” Under Sec. 78, a designated smoking area must be “designed in a manner to prevent smoke from spreading to a non-smoking area.” Further, designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the method of public transport must be smoke-free.

Because it is not possible to have a designated smoking area in a taxi, smoking is prohibited.

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

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “a means of transportation used for commercial, public or professional purposes by more than one person.” Under Sec. 78, a designated smoking area must be “designed in a manner to prevent smoke from spreading to a non-smoking area.” Further, designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the method of public transport must be smoke-free.

Because a commercial aircraft cannot be designed in a manner in to prevent smoke from spreading, commercial aircraft are smoke free.

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

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “a means of transportation used for commercial, public or professional purposes by more than one person.” Under Sec. 78, a designated smoking area must be “designed in a manner to prevent smoke from spreading to a non-smoking area.” Further, designated smoking areas must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the method of public transport must be smoke-free.

Because large commercial watercraft could be designed to have a designated smoking area, the regulatory status code “Smoking is Restricted” is given.

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

Public transport facilities (waiting areas for mass transit)

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

Section 58(1) of the Public Health Act prohibits smoking in “an enclosed or indoor area of a work place, or any other public place except in a designated area.” Under Sec. 58(2), “a work place and public place” includes “public transportation terminals.” Therefore, smoking is restricted in public transportation terminals.

Designated smoking areas can be located indoors or outdoors, and must meet the requirements established in the Tobacco Control Regulations, 2016. If these requirements cannot be met, the enclosed public place or workplace must be smoke-free.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and indoor public places, including public transportation terminals.

Private vehicles in which a child or pregnant woman is present

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

The law prohibits smoking in private vehicles in which a child or a pregnant woman is present.