Last updated: August 18, 2020
Key Terms
Second Hand Smoke (or similar term)
Although this term is not defined, a definition is not strictly necessary because the term is not used. The law’s smoke free measures provide that “no person shall smoke” in enclosed public places . . .” rather than, for example, “no person shall be exposed to second hand smoke in enclosed public places . . .”
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
Smoking: includes the inhaling and exhaling of tobacco smoke, and holding of a lighted or heated tobacco product, or a device containing an ignited tobacco product which is producing any type of emission.
The definition aligns with the definition of “smoking” contained in the FCTC Art. 8 Guidelines.
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
Public place includes:
(a) an enclosed place which is open to the public or part of the public;
(b)outdoor premises of –
(i) a health institution
(ii) an educational institution; or
(iii) a children day care center; or
(c) any other prescribed premises or places.
The definition aligns with the definition of “public place” provided in the FCTC Art. 8 Guidelines.
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
Workplace:
(a) means a place occupied by an employer, usually frequented by a worker or a volunteer during the course of his or her employment, whether for remuneration or on a voluntary basis; and
(b) includes the public area, corridor, lounge, eating area, reception area, elevator, foyer, staircase, rest-rooms, or any other common area attached to, forming part of, or used in conjunction with a work place within the meaning of paragraph (a); but
(c) does not include a dwelling house occupied by an employer.
The definition aligns with the definition of “workplace” provided in the FCTC Art. 8 Guidelines.
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
Public transport includes any publicly or privately operated mode of transport used for the carriage of members of the public, whether for hire or reward.
The definition aligns with the definition of “public transport” contained in the FCTC Art. 8 Guidelines.
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
Enclosed: in relation to a public place or workplace, means a place covered by a ceiling or roof or enclosed by one or more walls or sides, regardless of the type of material used, and whether the roof, walls, or sides are temporary or permanent.
The definition aligns with the definition provided in the FCTC Art. 8 Guidelines.
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
Tobacco product: a product containing tobacco in any form.
The definition of “tobacco product” aligns with the FCTC definition. Although it does not mention the manner in which tobacco products may be used, the definition of tobacco product is broad enough to cover all forms of tobacco products.
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))
Hotel
Hotel: an establishment that provides lodging or sleeping accommodation with or without food and drink, to the public for hire, the rate of which is calculated on a daily basis, or for reward of any kind.
The definition is significant because the law specifically addresses guestrooms in hotels.
