Last updated: September 27, 2021

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places, which by definition includes workplaces, except in the portion of the public place prescribed by the Minister. The regulations in Notice No. R. 975 permit up to 25% of a workplace to be set aside for smoking.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

All indoor public places

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in the portion of the public place prescribed by the Minister. Notice No. R. 975 permits up to 25% of specified public places to be set aside for smoking.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

All public transport

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places, which by definition includes public conveyances, except in the portion of the public place prescribed by the Minister. Notice No. R. 975 permits passenger ships and passengers trains (with more than 10 cars) to allocate up to 25% of the space as designated smoking areas. Trains less than 10 cars may designate only one car as a smoking area.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces, public places, and transport and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places, workplaces and transport to be 100% smoke free.

Government facilities

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law does not specifically reference government facilities. However, the law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit persons in control of workplaces to designate a smoking area, which may not exceed 25% of the total floor area. Thus, for those government facilities that are workplaces, smoking areas may be set aside in up to 25% of total floor area. The smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Private offices

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places, which by definition includes workplaces and is interpreted to include private offices, except in the portion of the place prescribed by the Minister. The regulations in Notice No. R. 975 permit up to 25% of a workplace to be set aside for smoking.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces including private offices and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor workplaces to be 100% smoke free.

Hospitals

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking in designated areas in “workplaces,” and a hospital is a workplace. The designated smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Residential healthcare facilities - public areas

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking in designated areas in “workplaces,” and a residential healthcare facility is a workplace. The designated smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Non-residential healthcare facilities

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking in designated areas in “workplaces,” and a non-residential healthcare facility is a workplace. The designated smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Childcare facilities/preschools

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking in designated areas in “workplaces,” and childcare facilities/preschools are workplaces. The designated smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Primary and secondary schools

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking in designated areas in “workplaces,” and primary and secondary schools are workplaces. The designated smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Universities/vocational facilities

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking in designated areas in “workplaces,” and universities and vocational facilities are workplaces. The designated smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Shops

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking in designated areas in “workplaces,” and shops are workplaces. The designated smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Cultural facilities

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking in designated areas in “workplaces,” and cultural facilities are workplaces. The designated smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Indoor stadium/arenas

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking in designated areas in “workplaces,” and indoor stadiums and arenas are workplaces. The designated smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Restaurants

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit owners/mangers of restaurants to designate a smoking area. The smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments in restaurants and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor or enclosed public places and workplaces be 100% smoke free.

Bars/pubs/nightclubs

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit owners/mangers of bars, pubs, and nightclubs to designate a smoking area. The smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments in bars, pubs, and nightclubs, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor or enclosed public places and workplaces be 100% smoke free.

Casinos

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit owners/mangers of casinos to designate a smoking area. The smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments in casinos and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor or enclosed public places and workplaces be 100% smoke free.

Hotels/lodging - public areas

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit owners/mangers of hotels to designate a smoking area(s). The smoking area(s) may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments in hotels and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor or enclosed public places and workplaces be 100% smoke free.

Hotels/lodgings - guest rooms

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit owners/mangers of hotels to designate a smoking area(s). The smoking area(s) may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside. Thus, some guest rooms may be designated as “smoking” rooms. Because the regulations specify “floor area” and not number or percentage of rooms, it is possible that more than 25% of rooms could be designated as “smoking.”

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free environments in hotels and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require that all parts of all indoor or enclosed public places and workplaces be 100% smoke free.

Prisons/detention facilities - public areas

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking in designated areas in "workplaces," and prisons are workplaces. The designated smoking area may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% indoor smoke free workplaces and public places and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces to be 100% smoke free.

Trains, buses and other shared ground transportation other than taxis

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking in passenger trains. Smoking is prohibited on other forms of shared ground transportation. The smoking area in a passenger train may not exceed 25% of the entire train if the train has more than 10 carriages. For trains of 10 carriages or less, smoking is permitted in only one carriage.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free public transport and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all public transport to be 100% smoke free.

Taxis (for-hire vehicle)

100% Smoke Free
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. Taxis are not included on the regulatory list of places that may permit smoking and, therefore, smoking is prohibited in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Commercial aircraft

100% Smoke Free
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. Commercial aircraft are not included on the regulatory list of places that may permit smoking and, therefore, smoking is prohibited on commercial aircraft.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free public transport (smoking is permitted on passenger trains and ships) and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all public transport to be 100% smoke free.

Commercial watercraft

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking on passenger ships. The designated smoking area may not exceed 25% of total accommodation.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free public transport and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all public transport to be 100% smoke free.

Public transport facilities (waiting areas for mass transit)

Smoking is Restricted
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in public places except in those specified public places prescribed by the Minister by regulation. The regulations permit smoking in designated areas of airports but not other transportation facilities. The designated smoking area in an airport may not exceed 25% of the total floor area, must be separated from the rest of the space by a solid partition and entrance door, and must be ventilated directly to the outside.

The law does not align with FCTC Art. 8 and the FCTC Art. 8 Guidelines because it does not provide for 100% smoke free indoor workplaces, public places, and public transport, and therefore does not provide effective or universal protection against tobacco smoke exposure. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all indoor public places, workplaces, and public transport to be 100% smoke free.

Any motor vehicle when a child under the age of 12 years is present in that vehicle

100% Smoke Free
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in any motor vehicle when a child under the age of 12 years is present in that vehicle.

A private dwelling that is used for any commercial childcare activity, or for schooling or tutoring

100% Smoke Free
Gavel
Expand to view related litigation
Analysis

The law prohibits smoking in a private dwelling that is used for any commercial childcare activity, or for schooling or tutoring.