Last updated: November 26, 2019
Key Terms
Second Hand Smoke (or similar term)
The law does not define the term “second hand smoke.” A definition of "second hand smoke" or a similar term should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.
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” means inhaling, exhaling or handling an ignited or heated tobacco product, or a tobacco product producing emissions by any means. “Tobacco smoke” means the smoke or other emissions released from a tobacco product or the smoke exhaled by a person smoking a tobacco product.
The law’s definitions of “smoking” and “tobacco smoke” align with the definition of “smoking” 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
"Public place" means a place accessible to the general public or place of collective use, regardless of ownership or right of access.
The law’s definition of “public place” aligns with the definition in the FCTC Art. 8 Guidelines. However, the definition should include that a “public place” can be either permanent or temporary.
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" means a place used by persons during their employment or work and includes vehicles, common areas, and other area which is generally used during the course of employment or work, but does not include private residences or private vehicles.
The definition of “workplace” aligns with the definition in the FCTC Art. 8 Guidelines. However, the definition should include that a “workplace” can be either permanent or temporary.
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 conveyance" means a form or mode of transportation that carries passengers for hire or reward, whether domestically or internationally.
The law’s definition of “public conveyance” aligns with the definition of “public transport” 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
“Enclosed" means any space covered by a roof completely or substantially enclosed by one or more walls or sides, regardless (a) of the type of material used for the roof, wall or sides; and (b) of whether the structure is permanent or temporary.
The law’s definition of “enclosed” aligns with the definition 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" means a product entirely or partly made from the leaf tobacco as raw material, which is manufactured to be used for smoking, sucking, chewing or snuffing.
The law’s definition of “tobacco product” aligns with the definition 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))
