Last updated: December 5, 2023
Key Terms
Second Hand Smoke (or similar term)
The law does not contain a definition of “second hand smoke.” Although this term is not defined, a definition is not strictly necessary because the term is not used in the Act. The law’s smoke free measures provide that “smoking is prohibited in” specified places, rather than, for example, “no person shall be exposed to second hand smoke” in specified 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" refers to
1. smoking of tobacco,
2. inhalation after vaporization or other heating of tobacco,
3. use of electronic cigarettes,
4. smoking of herbal products for smoking, and
5. use of stimulants which in their method of use correspond to smoking but that do not contain tobacco.
In some ways, the definition of “smoking” contained in the law is broader than the FCTC definition in that the Act’s definition encompasses the use of e-cigarettes, herbal products, and other smoking products that do not contain tobacco. However, the Act’s definition is narrower than the FCTC definition in that it does not encompass being in possession of a lit tobacco product. The Act’s definition only encompasses inhalation of such products.
To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, a definition of "smoking" should be provided in accordance with the definition provided 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
The law does not contain a definition of “public place.” Undefined key terms can undermine the application of other substantive provisions of a law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “public place” in accordance with the definition 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
The law does not contain a definition of “workplace.” Undefined key terms can undermine the application of other substantive provisions of a law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “workplace” in accordance with the definition 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
The law does not contain a definition of “public transport.” Undefined key terms can undermine the application of other substantive provisions of a law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “public transport” in accordance with the definition provided 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
The law does not contain a definition of “indoor” or “enclosed.” Undefined key terms can undermine the application of other substantive provisions of a law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “indoor” or “enclosed” in accordance 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
The law does not contain a definition of “tobacco product.” Undefined key terms can undermine the application of other substantive provisions of a law. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of “tobacco product” in accordance with the definition provided in FCTC Art. 1(f).
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))
