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Free Menstrual Products in Federal Workplaces

Full Title: An Act to amend the Canada Labour Code (menstrual products)

Summary#

This bill changes the Canada Labour Code to require federally regulated employers to offer free menstrual products at the workplace. The duty applies to anyone who is allowed access to the workplace, not only employees, and must follow future regulations that set the details (Bill, Summary; Bill, s. 125(1)(i.1)).

  • Requires free menstrual products to be “readily available” at the workplace (Bill, s. 125(1)(i.1)).
  • Applies to persons granted access to the workplace, not just employees (Bill, s. 125(1)(i.1)).
  • Details (which products, where to place them, how to stock) will come through regulations (Bill, s. 125(1)(i.1)).
  • No direct federal funding or tax changes stated in the bill text. Costs, if any, fall on employers (Bill, s. 125(1)(i.1)).

What it means for you#

  • Households and workers

    • If you work in a federally regulated workplace, you would be able to get free menstrual products on site once regulations are in force (Bill, s. 125(1)(i.1)).
    • Access would cover employees, contractors, and other authorized persons on the premises (Bill, s. 125(1)(i.1)).
  • Businesses (federally regulated employers)

    • You must provide menstrual products at no charge at the workplace and ensure they are “readily available,” as defined by forthcoming regulations (Bill, s. 125(1)(i.1)).
    • You may need to set up supply points and maintain stock. Exact locations, product types, and servicing standards will depend on the regulations (Bill, s. 125(1)(i.1)).
    • Compliance timing and any record-keeping or signage rules will depend on the regulations (Bill, s. 125(1)(i.1)).
  • Businesses not federally regulated

    • No change. The Canada Labour Code duty in this bill applies only to federally regulated employers (Bill, Summary).
  • Local and provincial governments

    • No change to their workplaces under this bill, because it applies to federally regulated employers (Bill, Summary).
  • Service users and visitors

    • If you are granted access to a federally regulated workplace, you would be able to use free menstrual products on site, subject to how regulations define access points (Bill, s. 125(1)(i.1)).

Expenses#

Estimated net cost: Data unavailable.

  • No fiscal note identified.
  • The bill contains no federal appropriations or tax changes (Bill, text).
  • It creates an employer mandate to provide menstrual products at no charge; employer compliance costs are not quantified in the bill (Bill, s. 125(1)(i.1)).
  • Enforcement or administration costs for the federal government are not detailed; Data unavailable.

Proponents' View#

  • Establishes a clear, nationwide floor for access to menstrual products in federally regulated workplaces, reducing gaps across employers (Bill, s. 125(1)(i.1)).
  • Inclusive coverage (“persons who are granted access”) ensures contractors, trainees, and visitors can obtain products if needed (Bill, s. 125(1)(i.1)).
  • Using regulations allows technical details to be set and updated without amending the statute, which can support practical implementation (Bill, s. 125(1)(i.1)).
  • Aligns the duty with existing health and safety obligations in the Canada Labour Code by placing it in subsection 125(1), which lists employer responsibilities (Bill, s. 125(1)).

Opponents' View#

  • Unfunded mandate: employers must absorb ongoing product and stocking costs; the bill provides no federal funding and gives no cost estimate (Bill, s. 125(1)(i.1)).
  • Ambiguity until regulations: terms like “readily available” and the exact locations and products are undefined, creating compliance uncertainty until regulations are issued (Bill, s. 125(1)(i.1)).
  • Implementation burden: employers may face new purchasing, storage, and maintenance tasks; timelines and enforcement processes are unspecified in the bill (Bill, s. 125(1)(i.1)).
  • Scope concerns: applying to all “persons granted access” could increase usage beyond employees; potential for higher-than-expected consumption or waste until standards are clarified (Bill, s. 125(1)(i.1)).

Timeline

Nov 21, 2022 • House

First reading

Labor and Employment
Healthcare
Social Issues