Last updated: August 17, 2021
Key Terms
Second Hand Smoke (or similar term)
Tobacco smoke: emission given off from the burning end of a cigarette, cigar, pipe, or other similar element, with tobacco products, generally in combination with exhaled smoke.
The definition of "tobacco smoke" contained in the law aligns with the definition of "second hand smoke" provided in the FCTC Art. 8 Guidelines.
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: being in possession or control of a lit tobacco product, regardless of whether the smoke is being actively inhaled or exhaled.
The definition of "smoking" contained in the law aligns with the definition of "smoking" 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
Public place: any place accessible to the general public and/or for collective use, regardless of who is the owner and regardless of who has the right to enter said places.
The definition of "public place" contained in the law aligns with the definition of "public place" 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)
Workplace
Workplace: any place used by people during their employment or job. This definition includes paid and volunteer work. In addition, workplaces include not only places where the work is performed, but also all connected, attached places that workers usually use in the course of their job, such as hallways, elevators, stairwell skylights, vestibules, grouped facilities, cafeterias, restrooms, meeting rooms, eating areas, and attached structures such as sheds, etc. Vehicles used in the course of a job such as: taxis, public transportation, ambulances, school transportation, or other types of transportation.
The definition of “workplace" contained in the law 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
Public transport: any transportation service that is used or may be used to transport individuals from one place to another, either for profit or not.
The definition of "public transport" contained in the law aligns with the definition 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
Closed public spaces or inside or closed area: any space covered by a roof or enclosed with two or more inside walls or outside walls, regardless of the material used for the roof, inside walls, or outside walls, and regardless of whether the structure is permanent or temporary.
The law defines "closed public spaces or inside or closed area.” This definition does not fully align with the definition of "indoor" or "enclosed" provided in the FCTC Art. 8 Guidelines because the law’s definition refers to “two or more” walls. To fully align, the law should define the term to include enclosure by one or more walls.
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 products: products prepared fully or partially by using tobacco leaves as a raw material, and intended to be smoked, spat, chewed, or used as snuff, vaped, smoked, or inhaled in e-cigarettes, vape pens, etc.
The definition of "tobacco products" contained in the law aligns with the definition of "tobacco product" provided in FCTC Art. 1(f). The law goes further than the FCTC definition by including in the definition of "tobacco products" those to be smoked, spat, chewed, or used as snuff, vaped, smoked, or inhaled in e-cigarettes, vape pens, etc.
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))
