Last updated: January 23, 2023
Key Terms
Second Hand Smoke (or similar term)
Tobacco smoke: emissions from tobacco products caused by lighting or consuming any tobacco product and which affects nonsmokers.
This definition is comprehensive and incorporates the FCTC Art. 8 Guidelines definition of the term.
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: the act of inhaling and exhaling smoke from a tobacco product and includes the fact of being in possession or control of a burning or heating tobacco product, including nicotine products that generate emissions.
The definition of "smoke" is comprehensive and incorporates the FCTC Art. 8 Guidelines definition of the term.
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
Space for collective gathering: any space intended for public access for the development of sports, artistic, cultural, and entertainment activities, both public and private, regardless of whether it is covered by a roof and confined by walls or whether the structure is permanent or temporary.
The definition of "space for collective gathering" aligns with the definition of "public place" contained 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
Workplace: all places used by people during their work. It includes not only those where the work is performed but also all related and annexed places that workers usually use in the performance of their jobs, as well as vehicles used while performing the work.
The definition of "workplace" is comprehensive and incorporates the FCTC Art. 8 Guidelines definition of the term.
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 transportation: that individual or collective vehicle circulating by land, air, or water used to transport persons, generally for commercial, labor, school, or other purposes, for which remuneration is regularly obtained, including terminals, stations, stops, and other related urban furniture facilities.
The definition of "public transportation" contained in the law is broader than the definition of "public transport" contained in the FCTC Art. 8 Guidelines in that it also encompasses public transport facilities.
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 space: any public or private space that is totally or partially roofed between one or more walls, regardless of the material used for its construction and whether the structure is permanent or temporary, accessible to the general public or of common use.
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: any substance or manufactured good prepared totally or partially using tobacco leaves as raw materials and aimed at being smoked, sucked, chewed, or used as snuff.
The definition of "tobacco product" is comprehensive and incorporates the FCTC Art. 1(f) definition of the term.
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))
Open Air Space
Open air space: that space that has no roof; nor it is limited by any wall or fence, regardless of the material used for its construction and whether the structure is permanent or temporary
The definition of "open air space" is relevant because designated smoking areas must be located in outdoor spaces.
100 Percent Smoke-Free and Emission-Free Places
100 percent smoke-free and emission-free places: that physical area with access to the public, any place of work, public transportation, or space of collective gathering, in which for reasons of public order and social interest it is prohibited to smoke, consume or have any tobacco or nicotine product lit.
The definition of "100 percent smoke-free and emission-free places" is significant because tobacco consumption is prohibited and certain duties (e.g., duty to post no-smoking signs) apply in these places.
