Last updated: September 29, 2020
Second Hand Smoke (or similar term)
Although this term is not defined, a definition is not strictly necessary because the term is not used in the law. The law's smoke free measures prohibit smoking in public places and certain other areas rather than, for example, "no person shall be exposed to second hand smoke in 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
“Smoke” means to inhale, exhale, hold or otherwise have control over an ignited tobacco product.
The definition of “smoke” provided in the law 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)
“Public place” means any indoor, enclosed or partially enclosed, area which is open to the public and includes a workplace, a club, a private dwelling, if that private dwelling is used for any commercial childcare activity or for schooling or tutoring, and a public conveyance.
The FCTC Art. 8 Guidelines address “public place,” “enclosed,” “workplace,” and “public transport” as separate concepts and terms. The law incorporates these terms into the definition of “public place.” The definition could be strengthened by providing that areas open to the public include accessibility regardless of ownership or right of access. The definition is also more comprehensive that the definition provided for in the FCTC Art. 8 Guidelines in that it specifically includes places with residential character such as private dwelling childcare facilities.
In general, the term “public place” aligns with the concept and key definitions 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)
(a) means any indoor, enclosed or partially enclosed, area in which employees perform the duties of their employment;
(b) includes any corridor, lobby, stairwell, elevator, cafeteria, lounges, washroom or other common area frequented by such employees during the course of their employment; and
(c) includes vehicles used in the course of work.
The FCTC Art. 8 Guidelines address “enclosed” and “workplace” as separate concepts and terms. The law incorporates these terms together in the definition of “workplace.”
The definition may be limiting in that it does not specifically cover voluntary work. To ensure enforcement of the smoking prohibition in all indoor workplaces, a definition of “workplace” should be provided in accordance 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 conveyance” includes transporting people by means of any commercial chartered aircraft, ship, boat, train, bus, mini-bus or taxi.
The term “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
“Indoor, enclosed or partially enclosed, area” includes 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, wall or sides, and regardless of whether the structure is permanent or temporary.
The terms “indoor” or “enclosed” and “partially enclosed” align with the definition 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 containing tobacco, that is intended for human consumption, and includes, but is not limited to, any device, pipe, water pipe, papers, tubes, filters, portion pouches or similar objects manufactured for use in the consumption of tobacco.
The definition of “tobacco product” aligns with the definition provided for 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))
“Private dwelling” means any part of-
(a) any room or apartment of a building or structure which is occupied as a residence; or
(b) any building or structure or outdoor living area which is accessory to, and used wholly or principally for, residential purposes.
The definition of “private dwelling” is significant because it is incorporated into the definition of “public place” and effectively bans smoking in all private dwellings that are used for any commercial childcare activity or for schooling or tutoring.