Last updated: May 15, 2020
Second Hand Smoke (or similar term)
The law’s definition of “smoke” does not align with the definition provided in the FCTC Art. 8 Guidelines. However, a definition of this term is not necessary for interpretation of the law because the law restricts smoking to designated areas rather than prohibiting “exposure to second hand smoke.”
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
"Smoke" means to inhale, exhale hold or otherwise have control over an ignited tobacco, tobacco product, weed or plant or one producing any emission regardless of the mechanisms by which the emissions are producoo [sic].
"Smoking" means inhaling or exhaling the smoke of any tobacco or tobacco product and includes the holding of, or control over, any ignited tobacco use either directly or in directly.
The law’s definitions of “smoke” and “smoking” align with the key concept from the FCTC Art. 8 Guidelines definition in that they encompass possession or control over a lit tobacco product.
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" means any indoor, enclosed or partially enclosed area which is open to the public or to which members of the public ordinarily have access to and includes a workplace, a public conveyance or transport, any area open or enclosed to which people are invited, expressly or impliedly.
The law’s definition of “public place” should specify that public places may be “permanent or temporary” and apply to places used by the public "regardless of ownership or right of access." To fully 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" (a) means any indoor or enclosed area in which employees perform the duties of their employment; (b) includes any corridor, lobby, stairway, elevator, cafeteria, washroom or other common area frequented by such employees during the course of their employment; or (c) means any place used by one or more person during paid or voluntary work and includes all attached or associated spaces used while performing work or incidentally including work vehicles.
The law’s definition of "workplace" aligns with the definition provided in the FCTC Art. 8 Guidelines. However, the definition could be improved if it specified that "workplace" includes both permanent and temporary areas.
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" means a vehicle having at least two wheels for the carriage of passengers or goods.
The law’s definition of “public transport” does not align with the definition provided in the FCTC Art. 8 Guidelines. It requires a vehicle have at least two wheels, which would exclude watercraft. Nonetheless, the effect of the law is complete because the definition of “public place” includes “a public conveyance or transport,” and the substantive provision clarifies that “any means of transportation used for commercial, public or professional purposes and used by more than one person” qualifies as a workplace and public place under the law. Regardless, 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
"Enclosed place" means any space covered by a roof or one or more walls or sides, regardless of the type of material used and regardless of whether the structure is permanent or temporary.
The law’s definition of "enclosed place" aligns with the definition of "indoor" or "enclosed" 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" means a product composed in whole or in part of tobacco, including tobacco leaves and any extract of tobacco leaves intended for use by smoking, inhalation, chewing, sniffing, sucking or any other means of consumption and it includes cigarette papers, tubes and filters.
The law’s definition of “tobacco product” aligns with the definition provided in the FCTC Art. 1(f) and is broader in that it includes cigarette papers, tubes, and filters.
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))
"Health institution" means a hospital, nursing home, convalescent home, maternity home, primary health care centre, health care centre, dispensing or other institution where health or other medical services are rendered free of charge or upon payment of a fee.
The law restricts smoking to designated areas in enclosed public places and workplaces, including defined “health institutions.”