Question Period Note: PROVISION OF MENSTRUAL PRODUCTS IN THE WORKPLACE

• On December 16, 2021, the Minister of Labour was mandated to lead the efforts to provide menstrual products in federally regulated workplaces to help ensure employees’ participation in work.

• Menstrual products are essential to the health of workers, allowing them to participate fully in the workforce and society at large.
• Providing workers with access to menstrual products is expected to support better health outcomes, and workplace productivity while helping to reduce the stigma and shame often associated with menstruation, which continues to persist despite the progress we have made towards gender equality.
• This is why the government convened a roundtable of experts on a potential proposal to amend regulations under the Canada Labour Code to require federally regulated employers to provide menstrual products in the workplace.
• A summary of findings from the roundtable was published online along with a survey asking for feedback from Canadians. The Labour Program received over 700 responses from federally regulated employers, employees, unions, and members of the public expressing a broad spectrum of opinions.
• We have initiated the regulatory process and will consult stakeholders in April 2022.
• This work will support my mandate commitment to lead the efforts for the provision of menstrual products in federally regulated workplaces to help ensure employees’ participation in work.

• Current regulations under Part II of the Canada Labour Code (the Code) require employers to provide supplies such as toilet paper, soap, warm water, and a means to dry hands. No requirements are currently in place to require employers to provide menstrual products.
• There has been increasing public awareness and acknowledgement that menstrual products constitute necessary items that are essential to the health of a large proportion of Canadians.
• This issue is linked to a broader movement aimed at ending the stigma and shame associated with menstruation, and ensuring that every person can access essential menstrual products as needed. In fact, public awareness was further increased in November 2020, when Scotland passed the Period Products (Free Provision) (Scotland) Act and became the first country in the world to provide universal access to menstrual products.
• Lack of access to menstrual products can hinder employees’ ability to participate fully in society, including in the labour force. Health risks are increased when employees find themselves without access to menstrual products. Employees in this situation are often forced to turn to unsuitable solutions such as improvising tampons and pads from toilet paper or paper towels, or extending the use of the products beyond their recommended timeframe, which increases the risk of Toxic Shock Syndrome. In some situations, employees may avoid the workplace all together due to the shame and stigma that often surrounds menstruation.
• For employees in remote locations, the negative impact to their physical and psychological health may be heightened due to greater barriers, such as higher costs of and the lack of accessibility to menstrual products. The cost of menstrual products varies significantly from location to location in Canada, and the financial burden is borne exclusively by menstruating employees.
• The provision of menstrual products by employers may contribute to relieving the health risks that employees may face related to lack of access to menstrual products in the workplace.
• To begin consultations, a Notice of Intent was published in Part I of the Canada Gazette on May 4, 2019, for a period of 60 days to provide a range of stakeholders with the opportunity to submit comments regarding the Labour Program’s proposal.
• The Labour Program received 42 submissions during the consultation period; 13 from labour organizations and federal and provincial employer groups and 29 from individual Canadians. The feedback that was received indicated neither strong support nor disapproval of the proposal. At this time, neither employer nor employee stakeholders have listed this topic as a priority occupational health and safety item. The Notice of Intent did help create a broader public dialogue on this important issue.
• On December 21, 2020, the Government of Canada published a What We Heard report outlining the feedback that was received in response to the Notice of Intent.
• As part of its commitment to assess possible amendments to require federally regulated employers to provide menstrual products in the workplace, the Labour Program convened a roundtable of experts on June 8, 2021. Twelve experts who have experience in developing, implementing and/or evaluating policies or initiatives participated.
• A summary of findings from the roundtable of experts was published and a survey was launched online for public feedback on August 3, 2021, and closed on September 7, 2021. 734 Canadians completed the survey.
• On December 16, 2021, the Minister of Labour was mandated to lead the efforts to provide menstrual products in federally regulated workplaces to help ensure employee’s participation in work.
• The Labour Program has initiated the regulatory process and is preparing to conduct stakeholder consultations in April 2022.

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