Last updated: March 4, 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 provide that “it is prohibited to smoke” in enclosed public places . . . rather than, for example, “no person shall be exposed to second hand smoke in enclosed 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
Undefined key terms or ambiguous definitions can undermine the application of other substantive provisions of a law. For example, if it is not clear what is considered “smoking” or “to smoke,” this may impair the ability of the law to fulfill FCTC Art. 8 requirements.
A definition of “smoking” or “smoke” should be provided in accordance 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)
Having no definition for this key term could hinder enforcement of provisions prohibiting smoking in public places.
A definition of “public place” should be provided in accordance with 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)
Having no definition for this key term could hinder enforcement of provisions prohibiting smoking in workplaces.
A definition of “workplace” should be provided in accordance with 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)
Vehicles such as taxis, ambulances, school buses and other road transportation, trains, planes, etc. with or without passengers, are also included under the term “place or work space.”
Although not technically a definition, Art. 4 of the Regulations defines the scope of the ban on smoking in public places and workplaces, making it inclusive of the listed public transport.
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
Enclosed spaces: those physical units which are delimited at their perimeter and their height by exterior or interior walls and a roof. The material with which these enclosures are constructed, whether they are temporary or permanent, and whether they have doors, windows or independent ventilation, are irrelevant.
The definition of “enclosed spaces” aligns with the definition of “enclosed” 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)
Included in this regulation are cigarettes, cigars, tobaccos and other products of similar use, prepared totally or in part by using tobacco leaves as raw material and designed to be smoked, inhaled, sucked, chewed or used as snuff.
Although not technically a definition, this provision defines the scope of the regulations as being applicable to the stated types of tobacco products.
This provision aligns with the definition provided 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))