LANGUAGE
Last updated: September 17th 2019

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures prohibit smoking in public places and certain other areas rather than, for example, "no person shall be exposed to second hand smoke in public places."

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.

Analysis

The definition of “smoke” provided in the law aligns with the definition 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 indoor, enclosed or partially enclosed, area which is open to the public and includes a workplace, a club, a private dwelling, if that private dwelling is used for any commercial childcare activity or for schooling or tutoring, and a public conveyance.

Analysis

The FCTC Art. 8 Guidelines address “public place”, “enclosed”, “workplace”, and “public transport” as separate concepts and terms. The law incorporates these terms into the definition of “public place.” The definition could be strengthened by providing that areas open to the public include accessibility regardless of ownership or right of access. The definition is also more comprehensive that the definition provided for in the FCTC Art. 8 Guidelines in that it specifically includes places with residential character such as private dwelling childcare facilities.

In general, the term “public place” aligns with the concept and key definitions provided in 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)

Law Source, Section

Workplace

Term Defined
Definition

“Workplace” -

(a) means any indoor, enclosed or partially enclosed, area in which employees perform the duties of their employment;

(b) includes any corridor, lobby, stairwell, elevator, cafeteria, lounges, washroom or other common area frequented by such employees during the course of their employment; and

(c) includes vehicles used in the course of work.

Analysis

The FCTC Art. 8 Guidelines address “enclosed” and “workplace” as separate concepts and terms. The law incorporates these terms together in the definition of “work place”.

The definition may be limiting in that it does not specifically cover voluntary work. To ensure enforcement of the smoking prohibition in all indoor workplaces, a definition of “workplace” should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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)

Law Source, Section

Public Transport

Term Defined
Definition

“Public conveyance” includes transporting people by means of any commercial chartered aircraft, ship, boat, train, bus, mini-bus or taxi.

Analysis

The term “public conveyance” aligns with the definition of “public transport” 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)

Law Source, Section

Indoor or Enclosed

Term Defined
Definition

“Indoor, enclosed or partially enclosed, area” includes 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, wall or sides, and regardless of whether the structure is permanent or temporary.

Analysis

The terms “indoor” or “enclosed” and “partially enclosed” align with the definition 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)

Law Source, Section

Tobacco Product

Term Defined
Definition

“Tobacco product” means a product containing tobacco, that is intended for human consumption, and includes, but is not limited to, any device, pipe, water pipe, papers, tubes, filters, portion pouches or similar objects manufactured for use in the consumption of tobacco.

Analysis

The definition of “tobacco product” aligns with the definition provided for in FCTC Art. 1(f).

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))

Law Source, Section

Private Dwelling

Term Defined
Definition

“Private dwelling” means any part of-

(a) any room or apartment of a building or structure which is occupied as a residence;

or

(b) any building or structure or outdoor living area which is accessory to, and used wholly or principally for, residential purposes.

Analysis

The definition of “private dwelling” is significant because it is incorporated into the definition of “public place” and effectively bans smoking in all private dwellings that are used for any commercial childcare activity or for schooling or tutoring.

Law Source, Section