LANGUAGE
Last updated: September 18th 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

Section 8 of the Tobacco Act states that an employee has a right not to be exposed to tobacco smoke against his or her will. However, designated smoking areas are allowed in all workplaces. In addition, Section 6 of the Tobacco Act allows areas to be set aside for smoking in healthcare facilities, long term care facilities, means of transport, and other public premises. In restaurants, smoking is permitted in separate rooms set aside for smoking. In hotels, smoking is allowed in designated guest rooms. In schools and childcare facilities, smoking is permitted in designated smoking areas available to staff only. In addition, under Section 5 of the Act, the smoking ban does not apply to residential accommodation where a person may be employed.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free. In addition, as FCTC Art. 8 Guidelines para. 21, provides, careful consideration should be given to workplaces that are individuals’ homes or dwelling places, as these are workplaces for others.

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

Section 2 of the Tobacco Act prohibits smoking in public places. However, Section 6 of the Tobacco Act allows areas to be set aside for smoking in healthcare facilities, long term care facilities, means of transport, and other public premises. In restaurants, smoking is permitted in separate rooms set aside for smoking. In hotels, smoking is allowed in designated guest rooms. In schools and childcare facilities, smoking is permitted in designated smoking areas available to staff only. Because smoking is permitted in designated smoking areas in virtually all public places, the regulatory status “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Law Source, Section

All public transport

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

Section 2.4 of the Tobacco Act prohibits smoking on means of domestic public transport. However, Section 6 of the Tobacco Act permits smoking on public transport in an area specifically set aside for smoking. Therefore, for example, smoking may be permitted in a specified area of a train or ship.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all public transport to be 100% smoke free.

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 Tobacco Act does not specifically address smoking in government facilities, however the Act allows smoking in designated smoking areas in places that may be government owned or operated. Specifically, Section 6 of the Tobacco Act allows areas to be set aside for smoking in healthcare facilities, long term care facilities, means of transport and transport facilities, and other public premises. In schools and childcare facilities, smoking is permitted in designated smoking areas available to staff only. Because smoking is permitted in designated smoking areas in places that may be government owned or operated, the regulatory status “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor government facilities to be 100% smoke free.

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

Section 8 of the Tobacco Act states that an employee has a right not to be exposed to tobacco smoke against his or her will. However, designated smoking areas are allowed in all workplaces, which is interpreted to include private offices.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces, including private offices, to be 100% smoke free.

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

Section 2 of the Tobacco Act prohibits smoking “in premises intended for health and medical care”, which includes hospitals. However, Section 6 of the Act permits smoking in areas set aside for smoking. Therefore, the regulatory status “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of 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

Section 2 of the Tobacco Act prohibits smoking “in premises intended for health and medical care,” which includes residential healthcare facilities. However, Section 6 of the Act permits smoking in areas set aside for smoking. Smoking areas could be in public areas of residential healthcare facilities, and therefore, the regulatory status “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts 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

Section 2 of the Tobacco Act prohibits smoking “in premises intended for health and medical care,” which includes non-residential healthcare facilities. However, Section 6 of the Act permits smoking in areas set aside for smoking. Therefore, the regulatory status “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of 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

Section 2 of the Tobacco Act prohibits smoking “in premises intended for child care, school activities and other activities for children or young people”, which includes childcare facilities and preschools. However, Section 6 of the Act permits smoking in such facilities in designated smoking areas accessible to staff only. Because smoking is allowed in designated smoking areas, the regulatory status “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of 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

Section 2 of the Tobacco Act prohibits smoking “in premises intended for child care, school activities and other activities for children or young people,” which includes primary and secondary schools. However, Section 6 of the Act permits smoking in such facilities in designated smoking areas accessible to staff only. Because smoking is allowed in designated smoking areas, the regulatory status “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of 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

Section 2 of the Tobacco Act prohibits smoking in listed places and “in premises other than those [listed] if the general public has access to the premises.” However, Section 6 of the Act permits smoking in such public premises in designated smoking areas. Universities and vocational facilities fall within this category of public premises, and therefore smoking is permitted in designated smoking areas.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of 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

Section 2 of the Tobacco Act prohibits smoking in listed places and “in premises other than those [listed] if the general public has access to the premises.” However, Section 6 of the Act permits smoking in such public premises in designated smoking areas. Shops and stores fall within this category of public premises, and therefore smoking is permitted in designated smoking areas in shops and stores.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of shops and stores.

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

Section 2 of the Tobacco Act prohibits smoking in listed places and “in premises other than those [listed] if the general public has access to the premises.” However, Section 6 of the Act permits smoking in such public premises in designated smoking areas. Cultural facilities fall within this category of public premises, and therefore smoking is permitted in designated smoking areas in cultural facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of 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

Section 2.6 of the Tobacco Act prohibits smoking in premises other than those listed “when a public meeting or public event” as referred to in the Public Order Act is arranged, and in premises intended to be used by those taking part in such a meeting or event. Under the Public Order Act, public meetings and public events include, among others, concerts and other artistic productions; competitions and shows in sports, health and flying; markets and fairs; and “other events.” As these are the types of events that take place in indoor stadiums and arenas, Section 2.6 of the Act is interpreted as covering indoor stadiums and arenas. However, Section 6 of the Act permits smoking in such facilities in designated smoking areas. Therefore, the regulatory status “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of indoor stadiums and arenas.

Law Source, Section
Public Order Act (SFS 1993:1617) (as amended)
Chapter 2, Secs. 1, 2, 3

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

Section 2.5 of the Tobacco Act prohibits smoking in indoor areas of restaurants. However, Section 6 of the Act permits smoking in restaurants in separate rooms set aside for smoking. The rooms may comprise “only a small part” of the establishment and must be located so that visitors do not have to pass through them. Service is not permitted in these rooms when people are smoking, and food and beverages may not be brought into these rooms. Rooms are also subject to ventilation requirements.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of restaurants.

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

Section 2.5 of the Tobacco Act prohibits smoking in indoor areas of restaurants and “other establishments serving food or beverages”, which includes bars, pubs and nightclubs. However, Section 6 of the Act permits smoking in such places in separate rooms set aside for smoking. Service is not permitted in these rooms when people are smoking, and food and beverages may not be brought into these rooms. Rooms are also subject to ventilation requirements.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of bars, pubs and nightclubs.

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

Section 2.5 of the Tobacco Act prohibits smoking in indoor areas of restaurants and “other establishments serving food or beverages,” which includes casinos. However, Section 6 of the Act permits smoking in such places in separate rooms set aside for smoking. Service is not permitted in these rooms when people are smoking, and food and beverages may not be brought into these rooms. Rooms are also subject to ventilation requirements.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of casinos.

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

Section 2 of the Tobacco Act prohibits smoking in listed places and “in premises other than those [listed] if the general public has access to the premises.” However, Section 6 of the Act goes to state that smoking is permitted in such public premises in designated smoking areas. Public areas of hotels fall within this category of public premises, and therefore smoking is permitted in designated smoking areas in public areas of hotels.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts 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 Tobacco Act requires that smoking be prohibited in “a certain number” of hotel guest rooms. However, the law does not specify the number or percentage of rooms that must be designated as no-smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of hotels, including hotel guest rooms.

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

A policy of the Prison and Probation Service prohibits smoking inside prisons. Smoking is allowed only in outside areas.

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

Law Source, Section
RA 2010 Ref 9, Policy of Prison and Probation Service

Trains, buses and other shared ground transportation other than taxis

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

Section 2.4 of the Tobacco Act prohibits smoking on means of domestic public transport. However, Section 6 of the Act goes on to state that smoking is permitted on public transport in an area specifically set aside for smoking. Technically, this section could be used to allow smoking on trains, buses, and other shared ground transport. The National Train Transport Authority (SJ), however, prohibits smoking on trains. See policy at: http://www.sj.se/sj/jsp/polopoly.jsp?d=183&a=156974&l=sv.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all public transport, including trains, buses, and other shared ground transport.

Law Source, Section

Taxis (for-hire vehicle)

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Analysis

Section 2.4 of the Tobacco Act prohibits smoking on means of domestic public transport. However, Section 6 of the Act goes on to state that smoking is permitted on public transport in an area specifically set aside for smoking. It is unclear how implementation of designated smoking areas in taxis would work. Therefore, the regulatory status “Uncertain” is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all public transport, including taxis.

Law Source, Section

Commercial aircraft

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

Smoking is prohibited on all domestic and international flights in and out of Sweden. Section 2.4 of the Tobacco Act prohibits smoking on means of domestic public transport. However, Section 6 of the Act goes on to state that smoking is permitted on public transport in an area specifically set aside for smoking. Technically, this section could be used to allow smoking on commercial aircraft. Therefore, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all public transport, including all parts of commercial aircraft.

Law Source, Section

Commercial watercraft

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

Section 2.4 of the Tobacco Act prohibits smoking on means of domestic public transport. However, Section 6 of the Act goes on to state that smoking is permitted on public transport in an area specifically set aside for smoking. Therefore, smoking may be permitted in specified areas on commercial watercraft. In practice, smoking is allowed in designated smoking rooms and outdoor areas but not in cabins.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking on all public transport, including all parts of 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

Section 2.4 of the Tobacco Act prohibits smoking in public transport facilities. However, Section 6 of the Act goes on to state that smoking is permitted in such facilities in an area specifically set aside for smoking. Therefore, the regulatory status “Smoking is Restricted” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of public transport facilities.

Law Source, Section