Question Period Note: PROVISION OF FREE MENSTRUAL PRODUCTS IN THE WORKPLACE

On May 4, 2019, the Government of Canada published a Notice of Intent in the Part I of the Canada Gazette to seek feedback on the possibility of providing free menstrual products in federally regulated workplaces.

• 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 free 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 asked for feedback from Canadians on a potential proposal to amend regulations under the Canada Labour Code to require federally regulated employers to provide free menstrual products in the workplace.
• The feedback gained through the consultation provided a wide range of perspectives and helped create a dialogue on this important issue, however the feedback did not indicate strong support or disapproval of the proposal.

• 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.
• Lack of access to menstrual products can create barriers for employees to participate fully in society, including in the labour force. When employees find themselves without access to menstrual products they are at increased risk of health risks. Some employees may avoid the workplace due to the shame and stigma that often surrounds menstruation. Others may turn to unsuitable solutions such as improvising tampons and pads from toilet paper or paper towels, or extend the products beyond their recommended timeframe, which increases the risk of Toxic Shock Syndrome.
• 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 help to relieve the health risks that employees may face associated with menstruation and 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 feedback received did not indicate strong support or 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.

• 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, approximately 40 per cent of the workforce could benefit from 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).