Last updated: February 5, 2021

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

The law does not contain a definition of "second hand smoke.” However, a definition of this term is not strictly necessary for interpretation of the law because the law prohibits "smoking” in specified places" rather than prohibiting "exposure to second hand smoke."

FCTC-Based 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)

Smoking or Smoke

Term Defined
Definition

“Smoke” means to inhale, exhale, hold or otherwise have control over an ignited tobacco product or a heated, but not ignited, tobacco product that produces an emission of any sort; or to operate or otherwise have control over an electronic delivery system that produces an emission of any sort.

Analysis

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

FCTC-Based 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)

Public Place

Term Defined
Definition

“Public place” means any place accessible to the general public or place of collective use, regardless of ownership or right to access.

Analysis

The definition of "public place" contained in the Tobacco Control Act aligns with the definition of "public place" provided by the FCTC Art. 8 Guidelines.

FCTC-Based 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)

Workplace

Term Defined
Definition

“Workplace” means any place used by one or more persons during employment or work, whether done for compensation or as a volunteer, and includes all attached or associated spaces commonly used during the course of work or incidentally, as well as work vehicles.

Analysis

The definition of “workplace” aligns with the definition provided in the FCTC Art. 8 Guidelines.

To more fully align with FCTC Art. 8, the definition should include the language “permanent or temporary” to describe workspaces.

FCTC-Based 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)

Public Transport

Term Defined
Definition

“Public transport” means any form or mode of transportation, whether publicly or privately owned, used to carry members of the public usually for hire or reward, whether domestically or internationally.

Analysis

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

FCTC-Based Definition

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

Term Defined
Definition

“Indoor” means any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for any roof, wall or side, and regardless of whether the structure is permanent or temporary.

Analysis

The law contains a definition of "indoor" that aligns with the definition of "indoor" or "enclosed" provided in the FCTC Art. 8 Guidelines.

FCTC-Based 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)

Tobacco Product

Term Defined
Definition

“Tobacco product” means any product entirely or partly made of the tobacco leaf as raw material, which is manufactured to be used for smoking, sucking, chewing, snuffing or consumption by any other means.

Analysis

The definition of "tobacco product" aligns with the definition of "tobacco product" provided in FCTC Art. 1.

FCTC-Based 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))