Question Period Note: PROVISION OF MENSTRUAL PRODUCTS IN THE WORKPLACE

In March 2021, the Government of Canada committed to assess the possibility to require federally regulated employers to provide menstrual products in the workplace through the Labour Program’s Forward Regulatory Plan: 2021 to 2023.

• Menstrual products are essential to the health of Canadians, 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. Over 734 Canadians completed the survey from which the results are still being assessed.
• We will continue to consult stakeholders on this issue going forward.

• 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 and a survey were published for public feedback on August 3, 2021, and closed on September 7, 2021. 734 Canadians completed the survey.

• The legislative framework for occupational health and safety for workplaces under federal jurisdiction is established under Part II of the Canada Labour Code (the Code). It applies to private-sector employers in the federal jurisdiction (e.g., banks, railways, airlines, marine ports, telecommunications, broadcasters, etc.), Crown Corporations, and the federal public service.
• Approximately 1,207,000 employees are currently covered by Part II of the Code. Amendments to the Parliamentary Employment and Staff Relations Act extended protections under Part II to employees on Parliament Hill in July 2019.
• In federally regulated workplaces, close to 500,000 employees, who account for approximately 40 per cent of the workforce, could benefit from the provision of menstrual products.
• A 2018 survey found that one third of Canadian women under the age of 25 struggled to afford menstrual products, while 70 per cent have missed work or school, or have withdrawn from social activities because of their period (Plan Canada International, 2018).
• A 2013 study conducted in the United States found that 86 per cent of women have started their period unexpectedly in public without the supplies they need, causing feelings of anxiety or embarrassment, often resulting in the disruption of workplace activities (Free the Tampons, 2013).