Last updated: February 27, 2023
Key Terms
Second Hand Smoke (or similar term)
The Act and Regulations do not contain a definition of “second hand smoke.” Although this term is not defined, a definition is not strictly necessary because the term is not used in the Act or Regulations. The law’s smoke free measures provide that “smoking is prohibited in” specified places, rather than, for example, “no person shall be exposed to second hand smoke” in specified places.
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
Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “smoking” or “smoke”, this may hinder enforcement of the law and impair the ability of the law to fulfill FCTC Art. 8 requirements.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of “smoking” or “smoke” should be provided in accordance 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
A service area within the meaning of this Act shall refer to all premises under a roof, fixed or movable, and also all marquees and exhibition tents to which the public have access for commerce or provision of service and participation in cultural and social events, including spectator areas, waiting rooms, guest reception areas, halls, corridors, lavatories, etc.
The Act and Regulations do not contain a definition of “public place,” but instead contain a definition of “service area.” Under the Act, smoking is prohibited in “service areas,” rather than “public places.” The definition of “service area” aligns with the definition of “public place” 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
The Act and Regulations do not contain a definition of “workplace.” The Act guarantees every person the right to a smoke free atmosphere in the workplace. Regulations further specify restrictions (not prohibitions) on smoking in workspace to which the public does not have access. To aid in interpretation, implementation and enforcement of the law, a definition of “workplace” should be provided in accordance with the definition contained 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
The Act and Regulations do not contain a definition of “public transport.” However, under the Act and Regulations, smoking is prohibited in “public transport.” The lack of a definition for this key term could hinder implementation and enforcement. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should provide a definition of “public transport” in accordance with the definition contained in the FCTC Art. 8 Guidelines.
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
A service area within the meaning of this Act shall refer to all premises under a roof, fixed or movable, and also all marquees and exhibition tents to which the public have access for commerce or provision of service and participation in cultural and social events, including spectator areas, waiting rooms, guest reception areas, halls, corridors, lavatories, etc.
The Act and Regulations do not contain a definition of “indoor” or “enclosed.” However, the Act contains a definition of “service area” (wherein smoking is prohibited) that implies a definition of “indoor” as “under a roof, fixed or moveable.” The Regulations further specify: “if an outdoor area is under a fixed or movable roof, smoking may only be permitted if walls or other barriers constitute not more than 3/4 enclosure of the space.” Therefore smoking is permitted in areas with a roof and ¾ enclosure by walls. This is less protective than the FCTC Art. 8 Guidelines, which define “indoor” as “covered by a roof or enclosed by one or more walls.”
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law or regulations should provide a definition of “indoor” or “enclosed” in accordance with the definition contained 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 within the meaning of this Act shall refer to tobacco plants (nicotiana) and all products made entirely or in part from them, for consumption, such as cigarettes, cigars, smoking tobacco, snuff and oral tobacco.
The definition of “tobacco” contained in the Act aligns with the definition of “tobacco product” contained 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))
