LANGUAGE
Last updated: May 31st 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.
Analysis

The National Tobacco Control Act restricts smoking in indoor workplaces. The Act states that smoking is prohibited in enclosed public places listed in the Second Schedule, which includes a “workshop, factory, offices, and other workplace”. Section 9 provides that designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas must not occupy more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations necessary to clarify the placement, operation and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly. Therefore, it remains unclear what buildings or structures will qualify for designating smoking areas. 

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces.

Law Source, Section

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.
Analysis

The National Tobacco Control Act restricts smoking in indoor public places. The Act states that smoking is prohibited in enclosed public places listed in the Second Schedule, which include healthcare facilities, primary and secondary education facilities, shops, police stations and prisons, higher education facilities, transport facilities, theaters, cinemas, stadiums and arenas, and bars and restaurants. Section 9 provides that designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas must not occupy more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations necessary to clarify the placement, operation and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places.

Law Source, Section

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 National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner”. Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in public transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transportation.

Law Source, Section

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.
Analysis

The National Tobacco Control Act does not specifically address smoking in government facilities. However, the Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “offices, and other workplace; except where designated smoking areas are provided.” Because government facilities are workplaces for government workers, smoking in government facilities is restricted. Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including government facilities.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “workshop, factory, offices, and other workplace; except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, including in private offices.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “clinic, maternity, hospital and other medical facilities.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including hospitals.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “clinic, maternity, hospital and other medical facilities.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including public areas of residential healthcare facilities.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “clinic, maternity, hospital and other medical facilities.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in non-residential healthcare facilities.

Law Source, Section

Childcare facilities/preschools

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 National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “crèche, primary school and secondary school.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in childcare facilities and preschools.

Law Source, Section

Primary and secondary schools

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 National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “crèche, primary school and secondary school.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in primary and secondary schools.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “college of education, monotechnic, polytechnic, universities and any other educational institution or training center, except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in universities and vocational facilities.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule completely prohibits smoking in “sales shop, shopping mall, market or any other place where the members of the public gather to trade in goods or services.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in shops.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “theatre, cinema hall, arena, stadia and other sporting, leisure or recreational facility except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including cultural facilities.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “theatre, cinema hall, arena, stadia and other sporting, leisure or recreational facility except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including stadiums and arenas.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including restaurants.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in bars, pubs, and nightclubs.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.” This is interpreted as including casinos.

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in casinos.

Law Source, Section

Hotels/lodging - 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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.” The “hospitality” sector includes hotels.

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including public areas of hotels.

Law Source, Section

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 National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “cafeteria, restaurant, and any other place for public refreshment and hospitality; except where designated smoking areas are provided.” The “hospitality” sector includes hotels.

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including guest rooms of hotels.

Law Source, Section

Prisons/detention 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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule completely prohibits smoking in “police station, prisons and any other place where prisoners or crime suspect are kept or held in custody.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in prisons and detention facilities.

Law Source, Section

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

The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner.” Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in trains, buses, and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses, and other shared ground transportation.

Law Source, Section

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

The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner.” Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in taxis.

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

Law Source, Section

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

The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner.”

Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.

Law Source, Section

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

The National Tobacco Control Act prohibits smoking in a “tricycle, vehicle, aircraft, sea vessel, railway coach, lift or any means of public transportation, except in a vehicle exclusively occupied by the owner.” Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refers solely to “rooms” and thus, cannot be applicable to public transport where there are no rooms. Therefore, the Act is interpreted as prohibiting smoking in commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “bus stop, vehicle park, seaport, airport, rail service; except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces and public places, including in public transport facilities.

Law Source, Section

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.
Analysis

The National Tobacco Control Act states that smoking is prohibited in enclosed public places listed in the Second Schedule. The Second Schedule prohibits smoking in “workshop, factory, offices, and other workplace; except where designated smoking areas are provided.”

Section 9 provides that, notwithstanding provisions in the Second Schedule, designated smoking areas may be created where there are a “sufficient number of rooms” where smoking is prohibited. Designated smoking areas may not comprise more than 10% of the premises, must be ventilated, and may not compromise those in the non-smoking areas.

To date, implementing regulations that could clarify the placement and construction of any designated smoking areas have not been issued by the Ministry of Health or received the necessary subsequent approval from both Houses of the National Assembly.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, including in private offices.

Residential house co-occupied by a person who is below 18 years of age, except in a room exclusively occupied by the smoker

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 National Tobacco Control Act prohibits smoking “in a residential house co-occupied by a person who is below 18 years of age, except in a room exclusively occupied by the smoker.”

To the extent that this provision regulates smoking in homes or dwellings that are also workplaces for some, the law aligns with para. 21 of the FCTC Art. 8 Guidelines. Further, para. 25 of the FCTC Art. 8 Guidelines states, “Public education campaigns should also target settings for which legislation may not be feasible or appropriate, such as private homes.”

Law Source, Section