Currently, under the Canada Labour Code, OHS Regulations require employers to provide sanitation supplies such as toilet paper, soap, warm water and a means to dry hands. However, on October 15, 2022, the federal government published proposed regulations that would expand this requirement.
The proposed Regulation Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products) amends the sanitation provisions in the OHS Regulations to require federally regulated employers to provide menstrual products for the use of employees in each toilet room. When it is not feasible to do so, employers must provide them in another location, as long as the location is accessible by employees at all times and offers a reasonable amount of privacy. Employers are also required to provide a covered container for the disposal of menstrual products in each toilet compartment.
Violations of the proposed Regulations may result in penalties ranging from $750 per violation (for businesses with less than 5 employees or $30,000 in annual gross revenue) up to $12,000 per violation (for businesses with at least 100 employees or at least $5 million in annual gross revenue).
The proposed amendments aim to reduce physical and psychological health and safety risks. Consultations related to the proposed Regulations found that many individuals struggle to afford menstrual products and experience unexpected periods, which can result in unsafe improvised products, lost wages due to the need to leave work to obtain products, anxiety, and embarrassment. According to Labour Canada, the proposed Regulations would not only mitigate these problems but also support the Government’s broader gender-based analysis initiatives to build a more inclusive Canada and address systemic gender-based discrimination.
Over the past couple of years, the movement for free and accessible menstrual products has been growing in Canada. For example:
In the spring of 2018, Centennial College announced that all dispensers on campus would provide free menstrual products.
In January 2018, the Vancouver International Airport announced that menstrual products would be available for free at all information desks.
In April 2019, the Government of British Columbia announced that all schools in the province would provide free menstrual products to students.
If this regulation comes into effect, it will be interesting to see which, if any, private sector employers follow suit.
- HH
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