Question Period Note: PROVISION OF MENSTRUAL PRODUCTS IN THE WORKPLACE

The December 16, 2021 mandate letter to the Minister of Labour included a commitment to lead the efforts to require federally regulated employers to provide menstrual products in the workplace to help ensure menstruating employees' participation at work.

Menstrual products are essential to the health of Canadians, allowing them to participate fully in the workforce and society at large.

The provision of menstrual products in the workplace reflects Canada’s commitment to building more inclusive workplaces that meet the health and safety needs of their employees.

The Government is strengthening regulations made under the Canada Labour Code to provide free menstrual products to employees in all toilet rooms, regardless of their marked gender, in federally regulated workplaces. These provisions are the first of their kind in the world, as they apply to a wide range of federally regulated workplaces.

Final regulations will come into force on December 15, 2023.

Providing workers with access to menstrual products supports better health outcomes and workplace productivity while reducing the stigma and shame often associated with menstruation, which persists despite the progress made towards gender equity.

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.

The provision of menstrual products by employers aims to relieve the health risks that employees may face related to lack of access to menstrual products in the workplace.

Stakeholder consultations began in May 2019, with a publication of Notice of Intent in Part I of the Canada Gazette. In December 2020, the Government of Canada published a What We Heard report outlining the feedback received.

In June 2021, as part of its regulatory development, the Labour Program convened a roundtable of 12 experts to provide advice on the content of the new regulatory provision. In August 2021, their findings were published, along with a survey to seek further public feedback. The Labour Program received over 700 responses from federally regulated employers, employees, unions, and members of the public expressing a broad spectrum of opinions.

During April 2022 consultations, employer and employee organizations indicated their strong support for the proposed regulations. Employers asked for flexibility for implementation noting that the proposed regulations should not be too prescriptive due to a wide variety of worksites.

The proposed regulations were pre-published in the Canada Gazette, Part I on October 15, 2022. As part of this process, Canadians were invited to submit their comments on the proposed regulations and. over 45 comments were received from the public and stakeholders.

Final regulations were published in Part II of the Canada Gazette on May 10, 2023, with a coming into force date of December 15, 2023.

Guidance material to support employers will be made available prior to the coming into force.

We’d never ask people to bring their own toilet paper to work. So why do we do that with menstrual products? We’re changing that. We’re putting menstrual products in federally regulated workplaces and treating workers with the dignity they deserve.” – The Honourable Seamus O’Regan Jr., Minister of Labour

“Menstrual products are a basic need for people who menstruate. All barriers to accessing them need to be broken down and supports at both the individual and institutional levels improved for women, girls, trans and non-binary people who menstruate. This initiative is a step in the right direction to reach menstrual equity and advance gender equality in the workplace.” – The Honourable Marci Ien, Minister for Women and Gender Equality and Youth

“No one in Canada should worry about accessing menstrual products. Something as natural as a period should not prevent anyone from going to work and participating fully in society. Menstrual products are not a luxury. They are essential to people’s health and well-being. Let’s lead by example and make a measurable difference in advancing menstrual equity in Canada” – Jenna Sudds, Parliamentary Secretary to the Minister of Women and Gender Equality and Youth