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)

The law does not contain a definition of "second hand smoke." 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 provide that “a person shall not smoke” where prohibited. Therefore, a definition of "second hand smoke" is not necessary for interpretation of the law.

“Smoking”, with its grammatical variations, means puffing or inhaling and expelling the smoke of any tobacco product and includes the holding of, or
control over, any ignited tobacco product.

The definition of "smoking" contained in the law aligns with the definition of “smoking” provided in the FCTC Art. 8 Guidelines.

“Enclosed public place” means, subject to Section 16 and the Schedule, any
enclosed place, including public transport, government offices and their verandas and corridors, airport terminals, and halls to which the public ordinarily has access, and includes restaurants, bars, cafes and public spaces within any hotel, any public place at which a sporting event is being held and any public place 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, and any place deemed by
regulations to be an enclosed public place, but does not include any designated smoking area within an enclosed public place nor any private residence.

The law contains a definition of the term “enclosed public place” which combines elements of the definitions of “enclosed” and “public place” provided in the FCTC Art. 8 Guidelines. The law’s definition of “enclosed public place” aligns with the FCTC definition of “public place” in that it includes places that are accessible to the general public, whether permanent or temporary. However, to fully align with the FCTC definition, the law’s definition should clearly specify that “public places” are inclusive of all places open to the general public regardless of ownership or right of access. 

“Enclosed workplace” means, subject to Section 16 and the Schedule, any
enclosed place, building or area that is occupied by an employer and that employees usually frequent during the course of their employment, and includes any cafeteria, veranda, corridor, lobby, stairwell, toilet and washroom within such workplace, and also includes any enclosed common areas and any workplace 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, and employer-provided vehicles normally used by employees, but does not include any place of residence occupied by an employer or an employee or a vehicle while it is occupied by only one person, and does not include any designated smoking area within an enclosed workplace.

The law contains a definition of the term “enclosed workplace” which combines elements of the definitions of “enclosed” and “workplace” provided in the FCTC Art. 8 Guidelines. The law’s definition of “enclosed workplace” aligns with the FCTC definition of “workplace” in that it includes areas both permanent and temporary in nature, and includes all common areas of workplaces. However, to fully align with the FCTC definition, the law’s definition should clearly specify that “workplaces” include all places in which a person performs duties of employment, even if voluntary in nature.

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

The law does not contain a definition of "public transport," which is necessary because the definition of “enclosed public place” includes public transport. Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law.

A definition of "public transport" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines.

“Enclosed public place” means . . .  any public place 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.

“Enclosed workplace” means . . . any workplace 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 law does not contain a separate definition of “indoor” or “enclosed”. However, a definition of “enclosed” is imbedded within the law’s definitions of “enclosed public place” and “enclosed workplace.” The embedded definitions contain all the elements of the definition of “enclosed” provided in the FCTC Art. 8 Guidelines.

“Tobacco product’”:
(a) means a product comprised in whole or in part of tobacco such as tobacco leaves and any extract of tobacco leaves containing, made, manufactured or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, or comprised mainly of nicotine;
(b) includes any component, part or accessory of a tobacco product such as cigarette papers, tubes, filters, electronic tobacco heating devices and waterpipe, shisha or hookah; and
(c) includes a cigarette.

The definition of "tobacco product" contained in the law aligns with the definition of “tobacco product” provided in FCTC Art. 1(f) and is more inclusive than the FCTC definition in that is covers accessories of tobacco products, including electronic tobacco heating devices.

“Hospital” means any place inside or within the grounds of any hospital. 

The definition of “hospital” is significant because it includes both the indoor and outdoor areas of hospitals.

“School” means any place inside or within the grounds of any school.

The definition of “school” is significant because it includes both the indoor and outdoor areas of schools.