LANGUAGE
Last updated: October 8th 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.
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Analysis

The law generally provides that places with public access (public places) and interior public or private work areas (workplaces) may provide isolated indoor areas exclusively for smoking. The only indoor public places and workplaces that are required to be 100% smoke free are primary and secondary schools and public areas of hotels/lodging.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces 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.

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.
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Analysis

The law generally provides that places with public access (public places) and interior public or private work areas (workplaces) may provide isolated indoor areas exclusively for smoking. The only indoor public places and workplaces that are required to be 100% smoke free are primary and secondary schools and public areas of hotels/lodging.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor 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 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

The law does not define “public transport” or impose an express ban on smoking in public transport vehicles. However, it does refer to a ban on smoking in public land transportation vehicles. This is interpreted as implying a ban in trains, buses, taxis, and other shared ground transportation. Commercial aircraft and commercial watercraft are interpreted as smoke free under Art. 51 of the Regulation on the General Law on Tobacco Control.

As we interpret public transport to be 100% smoke free, the law and regulations align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. The law can be improved by defining “public transport” or other term(s) used in the law in accordance with the Guidelines and explicitly banning smoking in all means of public transport.

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.
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Analysis

As a general rule, the law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. While it does not provide for an express ban in government facilities, the regulations require upper ranking federal public servants to require any person found smoking to stop doing so in the office or facility assigned to his service and to immediately put out the lit tobacco product and move outdoors if s/he continues smoking, among other actions. While this implies a ban in federal government facilities, it is not clear that the ban would apply to government facilities at the sub-national level. Accordingly, the regulatory status code of "Smoking is Restricted" is given.

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, including all government facilities.

Private offices

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.
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Analysis

The law generally provides that interior public or private work areas may provide isolated indoor areas exclusively for smoking.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces 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, including private offices, to be 100% smoke free.

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.
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Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not restrict them to open areas only. Therefore, as a matter of law, hospitals (unless they are owned or operated by the federal government) may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

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.
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Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not restrict them to open air spaces only. Therefore, as a matter of law, residential healthcare facilities (RHCFs) may set up isolated indoor smoking areas in public areas of RHCFs, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

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.
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Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open air spaces. Therefore, as a matter of law, non-residential healthcare facilities may set up isolated indoor smoking areas in public areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation. and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

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.
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Analysis

The law gives schools of basic education and high schools as examples of places that must be smoke free. This is interpreted as including childcare facilities and preschools.

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

The law gives schools of basic education and high schools as examples of places that must be smoke free.

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

The law specifically provides that universities and institutions of higher education are among the places with public access or interior public or private work areas where isolated indoor areas exclusively for smoking may be established, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

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.
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Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not restrict them to open areas only. Therefore, stores/shops may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

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.
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Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open areas. Therefore, cultural facilities may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

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.
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Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open areas. Therefore, indoor stadiums/arenas may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

As a matter of fact, however, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

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.
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Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open areas. Therefore, restaurants may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

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.
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Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open areas. Therefore, bars, nightclubs, and pubs may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

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.
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Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open areas. Therefore, casinos may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.

Hotels/lodging - 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

The regulations provide that in places intended for lodging, smoking is strictly prohibited except in guest rooms meeting certain specifications. The legislation aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotel rooms.

Hotels/lodgings - guest rooms

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 regulations specifically authorize designation of up to twenty-five percent of the total rooms in the business establishment as rooms designed for smoking under the conditions specified for isolation and ventilation.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the legislation should completely ban smoking in all parts of indoor public places, workplaces, and all means of public transport.

Prisons/detention facilities - public areas

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.
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Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not require them to be in open areas. While it does not provide for an express ban in prisons, the regulations require upper ranking federal public servants to require any person found smoking to stop doing so in the office or facility assigned to his service and to immediately put out the lit tobacco product and move outdoors if s/he continues smoking, among other actions. These regulations imply that federal prisons are required to be smoke free. It is not clear, however, if the ban would apply to prisons operated by the government in sub-national jurisdictions.

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

Although it does not expressly impose an outright ban to smoking on trains, buses, and other shared ground transportation, the regulations refer to a ban on smoking in public land transportation vehicles. This is interpreted as implying a ban in trains, buses, and other shared ground transportation.

To ensure the law aligns with FCTC Art. 8 and its Guidelines, the law should define “public transport” in accordance with the Guidelines and clearly ban smoking on all means of 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

Although it does not expressly impose an outright ban on smoking in taxis, the regulations refer to a ban on smoking in public land transportation vehicles. This is interpreted as implying a ban in these vehicles. Public land transportation vehicle is not defined in the law, but is interpreted to include taxis.

To ensure the law aligns with FCTC Art. 8 and its Guidelines, the law should define “public transport” in accordance with the Guidelines and clearly ban smoking on all means of 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

Although the law and regulations do not expressly ban smoking on commercial aircraft, RGLTC Art. 51, which provides among its goals to protect the general public against exposure to tobacco smoke in any public transportation vehicle, is interpreted as applying the regulations to commercial aircraft.

To ensure the law aligns with FCTC Art. 8 and its Guidelines, the law should define “public transport” in accordance with the Guidelines and clearly ban smoking on all means of 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

Although neither the law nor regulations address watercraft under their smoke free provisions, Art. 51 of RGLTC is interpreted as applying the regulations to commercial watercraft.

To ensure the law aligns with FCTC Art. 8 and its Guidelines, the law should define “public transport” in accordance with the Guidelines and clearly ban smoking on all means of public transport.

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.
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Analysis

The law provides that places with public access (public places) and interior public or private work areas (workplaces), other than primary and secondary schools, may provide isolated indoor areas exclusively for smoking. Although the law provides that these areas must be either in the open air or in isolated interior spaces, the regulations do not restrict them to open areas only. Therefore, public transport facilities may set up isolated indoor smoking areas, provided they use mechanisms that avoid the transfer of particulates to non-smoking areas, they are not mandatory pass-through areas for non-smokers, and they meet the isolation, ventilation, and purification specifications of RGLTC Arts. 60, 61, and 63.

However, it should be noted that it is not possible to prevent the transfer of particulates from smoking areas to non-smoking areas, even with the most rigorous ventilation standards. In practice, smoking areas are allowed inside public places and workplaces notwithstanding the no-transfer of particulates rule.

FCTC Art. 8 Guidelines paras. 23 and 24 make it clear that only 100% smoke free indoor public places, workplaces, and public transport provide effective protection, as required by FCTC Art. 8. Therefore, to align with FCTC Art. 8 and its Guidelines, the law should completely ban smoking in all indoor public places, workplaces, and all means of public transport.