Last updated: September 17, 2019
Second Hand Smoke (or similar term)
Although this term is not defined, a definition is not strictly necessary because the term is not used within the law. The law’s smoke free measures provide that “smoking is prohibited” 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: shall mean possessing or using a lit tobacco product, whether the smoke is inhaled or emitted voluntarily.
The definition of “smoking” aligns 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)
Enclosed public place: shall mean places open to the public or places used collectively, regardless of their property. Enclosed public places are, for example but not limited to: official departments, offices and centers pertaining thereto, including public institutions and companies, hospitals, dispensaries, pharmacies, cinemas, theaters, all public and private transportation means, schools, universities, elevators, restaurants, night clubs, shopping malls.
Enclosed public places include any of the aforementioned places that is covered by a ceiling and bounded by more than two walls, regardless of the type of materials used for the construction of the ceiling or the walls, and regardless of whether the construction was permanent or temporary.
Are considered as well as enclosed public places, all institutions of health, education and sports with all their opened and enclosed annexes.
The definition of “public place” aligns with the definition provided in the FCTC Art. 8 Guidelines. Although the definition of “public place” contains a list of public places, the definition clearly states that “public places” are not limited to those places listed. The definition broadly encompasses all “places open to the public” and therefore it aligns with the FCTC Art. 8 Guidelines definition of public place.
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: shall mean any place used collectively by people while performing their remunerated or benevolent duties, including all related places used by workers collectively, such as corridors, elevators, stairs, stairwells, lobbies, joint facilities, cafeterias, toilets, lounges, lunchrooms, outbuildings including roofs, as well as vehicles used within working hours.
The definition of “workplace” aligns 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: shall mean every vehicle usually used for public transportation purposes.
The definition of “public transportation” aligns with the definition of public transportation 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: covered by a ceiling and bounded by more than two walls, regardless of the type of materials used for the construction of the ceiling or the walls, and regardless of whether the construction was permanent or temporary.
There is no separate definition for the terms “indoor” or “enclosed.” However, the law defines “enclosed public place” and within that definition defines the term “enclosed.”
The definition of “enclosed” is narrower than the definition provided by the FCTC because it encompasses places with “more than 2 walls,” whereas the FCTC definition encompasses places with “one or more walls.” Therefore, the scope of the ban on smoking in enclosed public places is less expansive than envisioned by FCTC Art. 8 and the FCTC Art. 8 Guidelines. To align with the FCTC Art. 8 Guidelines, a definition of “enclosed” or “indoor” should be provided in accordance with 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 products: shall mean products made of tobacco or tobacco alternatives, including leaves, leaf extracts such as pipes, and cigarette filters.
The definition of “tobacco products” is broader and more inclusive than the definition provided in the FCTC because it includes “tobacco alternatives” (which is defined to include products such as e-cigarettes or ENDS products (Electronic Nicotine Delivery Systems), as well as products made directly from tobacco.
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))
Tobacco alternative: shall mean a battery-operated device, generally containing cartridges filled with nicotine, flavor and other chemicals, which turn into a vapor that is inhaled by the smoker, and all materials related to a tobacco product including the electronic water pipe.
The definition of “tobacco alternative” is significant because the term “tobacco alternatives” is included in the definition of “tobacco products.”