All-gender Toilets Count Under Labour Code

Summary#

The final rule titled Regulations Amending Certain Regulations Made Under the Canada Labour Code (Sanitation) updates workplace sanitation rules for federally regulated workplaces. It lets toilets in all‑gender toilet rooms count toward required numbers, updates several dated technical standards, and replaces male pronouns in the English text with gender‑neutral language. The amendments come into force six months after registration (registered on May 31, 2024, so in force on November 30, 2024).

What it does#

• Changes counting rules so toilets in an all‑gender toilet room can be included when an employer meets the minimum number of toilets required by the regulations.
• Replaces masculine pronouns in the English text of the sanitation rules with gender‑neutral language.
• Updates or replaces old technical standards referenced in the sanitation parts of the Canada Occupational Health and Safety Regulations, the Oil and Gas Occupational Safety and Health Regulations, and the Maritime Occupational Health and Safety Regulations so they point to current versions (or are made ambulatory so they refer to the most recent edition going forward). Examples include replacing older plumbing and drinking‑water standards with the National Plumbing Code of Canada (2020), ANSI/PSAI Z4.3‑2016, ARI 1010‑2002, and CSA Z240 MH Series‑16.
• Repeals a few withdrawn or obsolete references (for example certain foodservice sanitation guides and the CSA A394 guide).
• Does not force employers to install all‑gender toilet rooms; it removes a regulatory disincentive so employers who choose to install them can count those toilets for compliance.
• Financial impact: the government estimates total present‑value costs over 10 years at $8,631,846, mostly for employers to obtain or translate referenced standards.

Who's affected#

• Employers and workers covered by the Canada Labour Code — roughly the federally regulated sector, including industries such as banking; telecommunications and broadcasting; air, interprovincial rail and road transportation; shipping; grain handling; uranium mining; federal Crown corporations; First Nations band councils; and the federal public service.
• Workplaces governed by the Oil and Gas Occupational Safety and Health Regulations and the Maritime Occupational Health and Safety Regulations (the amendments update sanitation-related standards in those regs as well).
• Small businesses under federal jurisdiction: the government assessed impacts on small federally regulated employers and included them in the cost estimates.
• It is unclear whether any individual workplaces will need physical changes; most of the costs identified are for buying or translating technical standards, and regulators say many employers already meet the updated requirements.

Why it matters#

• Practical effect: employers who choose to offer all‑gender toilet rooms can count those stalls toward statutory minimums. That removes a regulatory barrier to modernizing washrooms.
• Inclusion and safety: the change aims to reduce stigma, harassment and other risks that some transgender, non‑binary, gender‑diverse and intersex employees can face when using sex‑segregated washrooms.
• Clarity and consistency: updating old or withdrawn standards makes the rules easier for employers and inspectors to apply and helps ensure technical requirements reflect current practices.
• Cost note: while the government estimates a $8.6 million present‑value cost over 10 years (mainly for acquiring or translating standards), it says most employers already meet the practical requirements and no one is being forced to install new all‑gender facilities.