Employers Must Provide Menstrual Products

Summary#

These final rules — Regulations Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products) — require employers in federally regulated workplaces to supply menstrual products (tampons and pads) and covered disposal containers. The rules took effect on December 15, 2023 and are meant to make menstrual supplies routinely available at work. The government estimates the change will cost employers about $133.5 million (present value) and produce $84.2 million in direct savings to employees over 2024–2033, for a net cost of about $49.3 million in that period.

What it does#

• Requires employers to provide menstrual products, including clean tampons and pads, in each toilet room under their control.
• If products cannot reasonably be put in a toilet room (for example on some remote, mobile, or non‑traditional work sites), employers may provide them in another location in the same workplace that is accessible at all times and offers reasonable privacy.
• Requires a covered container for disposal of menstrual products:
  • in single‑toilet rooms, and
  • in every toilet compartment (stall) in multi‑toilet rooms.
• Amends five sets of workplace rules made under the Canada Labour Code:
  • Canada Occupational Health and Safety Regulations
  • On Board Trains Occupational Health and Safety Regulations
  • Oil and Gas Occupational Safety and Health Regulations
  • Maritime Occupational Health and Safety Regulations
  • Aviation Occupational Health and Safety Regulations
• Updates the Administrative Monetary Penalties (Canada Labour Code) Regulations so breaches can be enforceable with penalties (provision of products designated as Type C violations; failure to provide disposal containers as Type B violations).
• Comes into force on December 15, 2023.

Who's affected#

• Menstruating employees who work in federally regulated workplaces. The government estimates about 35% of employees in the federal jurisdiction menstruate.
• Employers under federal jurisdiction — for example, banks, airlines, rail and maritime operators, telecommunications, postal and pipeline companies, and the federal public service.
• Small employers are expected to face smaller upfront costs (they may provide products from boxes rather than buy dispensers). Medium and large employers will bear most of the installation and dispenser costs.
• The rules do not apply to provincially or territorially regulated workplaces (so most private-sector workplaces outside federal jurisdiction are not covered).

Why it matters#

• Practical benefit: people who unexpectedly start their period at work will have immediate access to sanitary products and a private disposal option. That can reduce embarrassment, stress and some lost work time.
• Equity: the change targets gaps for people who face higher barriers to access — for example, low‑income workers, people in remote locations, and some Indigenous and 2SLGBTQI+ workers who may face greater costs or stigma.
• Employer impact: businesses will incur costs to buy products, and some will install dispensers and disposal containers. The government expects ongoing supply and maintenance costs and has provided a ten‑year cost estimate (see Summary).
• Compliance: inspectors can enforce the new rules and issue administrative monetary penalties for non‑compliance.