Last updated: April 13, 2020
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of “second hand smoke.” However a definition is not necessary for interpretation of the law, as the law states that a person “shall not smoke” where prohibited, rather than prohibiting exposure to second hand smoke.
The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)
Smoking or Smoke
“Smoke” includes being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled.
The definition of “smoke” contained in the Public Health Act aligns with the definition provided in the FCTC Art. 8 Guidelines.
Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)
Public Place
“Public place” includes a building, or a facility specified under section 58(2) which is accessible to the general public regardless of ownership or right of access.
The definition of “public place” in the Public Health Act does not fully align with the definition of “public place” in the FCTC Art. 8 Guidelines. The FCTC Art. 8 Guidelines specify that a “public place” may be an area that is “permanent or temporary,” whereas the PHA definition does not specifically state such. The PHA definition also limits a “public place” to those specified under Sec. 58(2) of the Act. However, Sec. 58(2), in addition to listing specific types of places, contains the catch-all phrase “any other facilities accessible to the public.” Therefore, this phrase is not interpreted as limiting the breadth of the definition of public place. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the PHA should contain a definition of “public place” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)
Workplace
“Work place” includes
(a) an area whether permanent or temporary in which a person performs a duty of employment or work regardless of whether the work is done for compensation or on voluntary basis; and
(b) common areas and any other area generally used or frequented during the course of employment.
The definition of “workplace” contained in the Public Health Act aligns with the definition provided in the FCTC Art. 8 Guidelines.
An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)
Public Transport
“Public transportation” includes transportation used for commercial, public or professional purposes by more than one person and public transportation terminals.
The definition of “public transportation” in the Public Health Act aligns with the definition provided in the FCTC Art. 8 Guidelines and is more inclusive than the guidelines in that it also covers public transportation terminals.
Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)
Indoor or Enclosed
“Indoor or enclosed” means a space covered by a roof or enclosed by two or more walls or partition regardless of the material used for the roof, walls or partition and regardless of whether the structure is temporary or permanent [Public Health Act, 2012].
"Enclosed" means for purposes of entertainment a dance, theatre, drama, education, sport, or a community gathering, a fair, parade or market [Tobacco Control Regulations, 2016].
The definitions of “indoor or enclosed” contained in the Public Health Act, 2012 and the Tobacco Control Regulations, 2016 do not align with the definition provided in the FCTC Art. 8 Guidelines. Under the Public Health Act definition, a place is “indoor or enclosed” if it is “enclosed by two or more walls,” whereas under the FCTC definition a place is “indoor or enclosed” if it is “enclosed by one or more walls.” To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “indoor or enclosed” in accordance with the definition provided in the FCTC Art. 8 Guidelines.
Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)
Tobacco Product
“Tobacco product” means a product entirely or partly made of tobacco leaf as raw material which has been treated or manufactured to be smoked, sucked, chewed or sniffed or handled.
The definition of “tobacco product” contained in the Public Health Act aligns with the definition provided in FCTC Art. 1(f).
Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))
