LANGUAGE
Last updated: February 7th 2020

Smoke Free Status of Outdoor Places

Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way? Examples of such places include within a specified distance of doorways, outdoor patios of bars or restaurants, parks/beaches, outdoor stadiums, and outdoor markets.
Yes
 

Within 5 meters of any doorway, operable window, or air intake mechanism or any public place or workplace

Analysis

The National Tobacco Control Act prohibits smoking in any outdoor space “within 5 meters of any doorway, operable window, or air intake mechanism or any public place or workplace.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, paragraphs 23 – 27, which requires the adoption of effective measures to protect people from exposure to tobacco smoke in indoor workplaces, indoor public places, public transport, and “as appropriate” in “other public places,” including outdoor or quasi-outdoor spaces.

Law Source, Section

Playground, amusement park, leisure park, plaza, public park, any place where members of the public gather to engage in games and sporting activities, or other public gathering space

Analysis

The National Tobacco Control Act prohibits smoking in “a playground, amusement park, plaza, public park, or other public gathering space.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, paragraphs 23 – 27, which requires the adoption of effective measures to protect people from exposure to tobacco smoke in indoor workplaces, indoor public places, public transport, and “as appropriate” in “other public places,” including outdoor or quasi-outdoor spaces.

Law Source, Section

Any outdoor public place or work space that is a service area

Analysis

The National Tobacco Control Regulations prohibits smoking in any outdoor public place or work space in a "service area." 

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, paragraphs 23 – 27, which requires the adoption of effective measures to protect people from exposure to tobacco smoke in indoor workplaces, indoor public places, public transport, and “as appropriate” in “other public places,” including outdoor or quasi-outdoor spaces.

Restaurants and bars or any space where food or drink is served or consumed

Analysis

The National Tobacco Control Act prohibits smoking in any outdoor space in “a space for service or consumption of food or drink.” This includes any restaurant or bar.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, paragraphs 23 – 27, which requires the adoption of effective measures to protect people from exposure to tobacco smoke in indoor workplaces, indoor public places, public transport, and “as appropriate” in “other public places,” including outdoor or quasi-outdoor spaces.

Areas of outdoor public places where smoking is prohibited by the owner, controller or occupant

Analysis

The National Tobacco Control Act prohibits smoking “outdoor in a public place and in an area that smoking is prohibited by the owner, controller or occupant of such public place, who displays the prescribed warning sign, with the permit or approval of the [National Tobacco Control] Committee.” Further, the provisions allowing designated smoking areas (Secs. 9(2) and 9(3)) refer solely to “rooms” and thus, cannot be applicable to outdoor areas of public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, paragraphs 23 – 27, which requires the adoption of effective measures to protect people from exposure to tobacco smoke in indoor workplaces, indoor public places, public transport, and “as appropriate” in “other public places,” including outdoor or quasi-outdoor spaces.

Law Source, Section
Secs. 9(1)(d). 9(2), 9(3)

Within 5 meters of any waiting area or queue, including public transport stops

Analysis

The National Tobacco Control Act prohibits smoking in any outdoor space “within 5 meters of any waiting area or queue, including public transport stops.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, paragraphs 23 – 27, which requires the adoption of effective measures to protect people from exposure to tobacco smoke in indoor workplaces, indoor public places, public transport, and “as appropriate” in “other public places,” including outdoor or quasi-outdoor spaces.

Law Source, Section

Anywhere on the premises of any child care facility or educational facility at any level of instruction

Analysis

The National Tobacco Control Act prohibits smoking in any outdoor space “anywhere on the premises of any child care facility or educational facility at any level of instruction.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, paragraphs 23 – 27, which requires the adoption of effective measures to protect people from exposure to tobacco smoke in indoor workplaces, indoor public places, public transport, and “as appropriate” in “other public places,” including outdoor or quasi-outdoor spaces.

Law Source, Section

Anywhere on the premises of any healthcare facility and anywhere within 10 meters of any healthcare facility

Analysis

The National Tobacco Control Act prohibits smoking in any outdoor space “anywhere on the premises of any healthcare facility.” The National Tobacco Control Regulations prohibit smoking within 10 meters of any healthcare facility. 

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, paragraphs 23 – 27, which requires the adoption of effective measures to protect people from exposure to tobacco smoke in indoor workplaces, indoor public places, public transport, and “as appropriate” in “other public places,” including outdoor or quasi-outdoor spaces.

A stadium, arena or any kind of performance space

Analysis

The National Tobacco Control Act prohibits smoking in any outdoor space in “a stadium, arena or any kind of performance space.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, paragraphs 23 – 27, which requires the adoption of effective measures to protect people from exposure to tobacco smoke in indoor workplaces, indoor public places, public transport, and “as appropriate” in “other public places,” including outdoor or quasi-outdoor spaces.

Law Source, Section

Outdoor areas of public transport vehicles or any vehicles carrying or used to carry children

Analysis

The National Tobacco Control Regulations prohibits smoking in any outdoor areas of public transport vehicles or any vehicles carrying or used to carry children.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines, paragraphs 23 – 27, which requires the adoption of effective measures to protect people from exposure to tobacco smoke in indoor workplaces, indoor public places, public transport, and “as appropriate” in “other public places,” including outdoor or quasi-outdoor spaces.

Law Source, Section