LANGUAGE
Last updated: September 18th 2019

Key Terms

Second Hand Smoke (or similar term)

Term Not Defined
Analysis

The law does not contain a definition of “second hand smoke.” However a definition is not necessary for interpretation of the law, as the law states that “no person shall smoke” where prohibited, 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”: inhaling or exhaling the smoke or holding tobacco and tobacco product ignited tobacco or any other use of tobacco or tobacco products such as dipping, chewing and sniffing.

Analysis

The definition of “smoking” aligns with the definition provided in the FCTC Art. 8 Guidelines in that it covers the act of smoking and being in possession or control of a lit tobacco product. The definition in the law is also broader than the definition contained in the FCTC Art. 8 Guidelines because it includes the consumption of tobacco products by dipping, chewing, and sniffing in addition to lit tobacco.

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”: any enclosed or open place, to many persons of the general public.

Analysis

The definition of “public place” contained in the law does not align with the definition of “public place” as provided in FCTC Art. 8 Guidelines para. 18. This definition is more limiting and less protective than the FCTC Art. 8 Guidelines definition because it excludes temporary structures and is limited to areas that are open to many persons of the general public. A definition of “public place” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 18.

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 Not Defined
Analysis

The law does not contain a definition of “workplace.” Undefined key terms can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered a “workplace,” it may be difficult to enforce provisions that prohibit smoking in the workplace. 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)

Public Transport

Term Not Defined
Analysis

The law does not contain a definition of “public transport.” Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines. A definition of “public transport” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 22.

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)

Indoor or Enclosed

Term Not Defined
Analysis

The law does not contain a definition of “indoor” or “enclosed.” Having no definition for this key term makes interpretation of many provisions difficult. This can hamper application and implementation of FCTC Art. 8 and the FCTC Art. 8 Guidelines. A definition of “indoor” or “enclosed” should be provided in accordance with the definition supplied by FCTC Art. 8 Guidelines para. 19.

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)

Tobacco Product

Term Defined
Definition

“Tobacco products”: all products made of or mixed with tobacco and intended to be smoked, sniffed, dipped, sucked or chewed.

Analysis

The definition of “tobacco products” contained in the law aligns with the definition contained 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))