Last updated: August 1, 2022

Key Terms

Second Hand Smoke (or similar term)

Term Defined
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Definition

Tobacco smoke: emissions from tobacco products caused by lighting or consuming any tobacco product and which affects nonsmokers.

Analysis

This definition is comprehensive and incorporates the FCTC Art. 8 Guidelines definition of the term.

FCTC-Based Definition

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

Term Defined
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Definition

Smoke: the act of inhaling and exhaling smoke from a tobacco product, and includes the fact of being in possession or control of a lit tobacco product which creates emissions.

Analysis

This definition is comprehensive and incorporates the FCTC Art. 8 Guidelines definition of the term.

FCTC-Based Definition

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

Term Not Defined
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Definition

The term “enclosed physical area with public access” is used and is not defined.

Analysis

Although the term is not defined by its name, it is clear that public access is an element of the term. The term may be interpreted more narrowly than as contemplated by the FCTC Art. 8 Guidelines, which also include in the definition of “public places” the elements of availability for collective use and accessibility regardless of ownership or right to access.

To ensure proper application of FCTC Art. 8 requirements, the term should be defined in accordance with the Guidelines’ definitional elements.

FCTC-Based Definition

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

Term Defined
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Definition

Interior work place: any fixed or movable zone that has at least a roof and two walls, used by people during their employment or permanent or eventual, paid or voluntary job. Includes not only the site where the work is done, but also all connected and annexed places that workers are accustomed to using in the performance of their duties, including those hired for the performance of events.

Analysis

This definition is comprehensive and incorporates the FCTC Art. 8 Guidelines definition of the term.

FCTC-Based Definition

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

Term Not Defined
Analysis

In the absence of a definition, the term may be interpreted in a way that limits the scope of the smoking ban. To ensure proper application of FCTC Art. 8 requirements, the term should be defined in accordance with the Guidelines’ definitional elements.

FCTC-Based Definition

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

Term Defined
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Definition

"Indoor or enclosed" is not defined, but the regulations include definitions of related terms that describe characteristics of indoor and enclosed spaces. First, characteristics of an “interior work space” include: at least a roof and two walls. In addition, characteristics of an “enclosed physical area with public access” include: a roof or at least two walls, regardless of the material used or whether temporary or permanent.

Analysis

The definition is more limiting than the FCTC Art. 8 Guidelines definition of “indoor or enclosed” with respect to public places by requiring at least a roof or two walls (rather than just one wall) and, in the case of workplaces, by requiring at least a roof and two walls (rather than a roof or one wall).

To ensure proper application of FCTC Art. 8 requirements, the term should be defined in accordance with the Art. 8 Guidelines’ definitional elements.

FCTC-Based Definition

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

Term Defined
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Definition

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.

Analysis

This definition is comprehensive and incorporates the FCTC Art. 1(f) definition of the term.

FCTC-Based Definition

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))