Menstrual Products Required in Federal Workplaces

Summary#

The Canada Gazette published a proposal called Regulations Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products) to require employers in federally regulated workplaces to provide free menstrual products (tampons and pads) and covered disposal containers. The notice was published on October 15, 2022, and people could send comments for 30 days after that date.

What it does#

• Requires employers covered by the Canada Labour Code to provide menstrual products, including clean tampons and pads, in each toilet room (or in another accessible private location if toilet-room access is not feasible).
• Requires a covered disposal container for menstrual products in every toilet compartment (stall).
• Applies amendments to five federal occupational-health-and-safety rules:
  • Canada Occupational Health and Safety Regulations
  • Aviation Occupational Health and Safety Regulations
  • Maritime Occupational Health and Safety Regulations
  • Oil and Gas Occupational Safety and Health Regulations
  • On Board Trains Occupational Health and Safety Regulations
• Updates the Administrative Monetary Penalties (Canada Labour Code) Regulations so inspectors can issue fines for violations.
• The regulatory cost‑benefit work estimates total monetized costs of $116.6 million and monetized benefits of $73.5 million (present value) over the period 2024–2033, giving a net cost of about $43.1 million (present value). The analysis uses a 7% discount rate.
• If made final, the rules would come into force six months after registration (the proposal stage does not make them law yet).

Who's affected#

• Employers and workplaces under federal jurisdiction: banks, air, rail, maritime, road transportation, postal and pipeline services, and the federal public service.
• About 35% of employees in federal workplaces are estimated to menstruate and are the main direct beneficiaries. This includes cisgender women as well as transgender, non-binary, and intersex people who menstruate.
• Low-income workers, people in remote or mobile workplaces (for example, ships, trains, remote sites), Indigenous workers, and younger employees are highlighted as groups likely to benefit because they may face higher costs or limited local access to products.
• Medium and large employers are expected to bear most of the upfront costs (dispensers, disposal units); small employers may use simpler, lower‑cost approaches.

Why it matters#

• Having menstrual products available at work reduces the need for people to leave work, improvise with unsafe options, or absorb the cost of buying products—issues that can cause anxiety, embarrassment, lost time, and lower productivity.
• The change aims to make federally regulated workplaces more inclusive and equitable by ensuring people who menstruate can manage their periods at work without extra cost or stigma.
• It may be especially important in remote, mobile, or northern workplaces where access and prices for products can be limited or higher.
• The proposal could increase employer costs at a national level (estimated $116.6 million PV over ten years) while providing direct savings to employees for product purchases (estimated $73.5 million PV). The proposal was open to public comment and could change before any final rule is made.