LANGUAGE
Last updated: February 7th 2020

Key Terms

Second Hand Smoke (or similar term)

Term Defined
Definition

"Second-hand smoke"' means 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.

Analysis

The definition of “second hand smoke” contained in the National Tobacco Control regulations aligns with the definition of second hand smoke provided in the FCTC Art. 8 Guidelines. However, a definition is not strictly necessary to interpret the law because the law prohibits or restricts “smoking” in listed places, rather than prohibiting “exposure to second hand smoke.”

FCTC-Based Definition:

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Smoking or Smoke

Term Defined
Definition

“Smoking” includes being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled.

Analysis

The definition of “smoking” contained in the National Tobacco Control Act aligns with the definition of smoking provided in the FCTC Art. 8 Guidelines.

FCTC-Based Definition:

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Law Source, Section

Public Place

Term Defined
Definition

“Public place” means all public places listed in the Second Schedule and excludes the roads, streets, highways and all outdoor places within the 5 meter rule.

"Public areas" are any enclosed or open spaces which can be accessed by the public or which can be used collectively for public activities run by the government, the private sector or the community and the public at large.

Analysis

The definitions of “public place”  and "public areas" contained in the National Tobacco Control Act and National Tobacco Control Regulations align with the definition of “public place” 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)

Workplace

Term Defined
Definition

“Workplace” means any place used by one or more persons during their paid or unpaid employment or work, including all associated or attached areas commonly used in or incidental to the course of work, as well as work vehicles.

"Workplace" means an area, permanent or temporary. in which a person performs duties of employment or work, regard less of whether the work is done for compensation or on a voluntary basis, and includes -

(a) private offices, common areas and any other areas which are generally used or frequented during the course of employment or work, whether it is a room or an enclosed or open area, whether mobile or stationery ; and

(b) where workers enter for the needs of a business and all attached or associated places including vehicles used in the course of employment.

Analysis

The definitions of “workplace” contained in the National Tobacco Control Act and the National Tobacco Control Regulations align with the definition of “workplace” 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)

Public Transport

Term Defined
Definition

“Public transport” means any vehicle used for carriage of members of the public, usually for reward or commercial gain.

Analysis

The definition of “public transport” contained in the National Tobacco Control Act 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

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

“Indoor” means the same as enclosed.

Analysis

The definition of “enclosed” contained in the National Tobacco Control Act aligns with the definition of “enclosed” provided by 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 products” means products entirely or partly made of the leaf tobacco as raw material which are manufactured to be used for smoking, sucking, chewing, or snuffing.

Analysis

The definition of “tobacco products” contained in the National Tobacco Control Act aligns with the definition of “tobacco product” provided by 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

Service Area

Term Defined
Definition

"Service area" means any area, open or enclosed, where services, such as but not limited to food or beverage service are provided.

Analysis

The definition of "service area" provided in the National Tobacco Control Regulations is relevant as smoking is prohibited in these areas.