Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
Canada’s Regulation SOR/2023-78 (Regulation), which comes into force on December 15, 2023, will require employers to provide free menstrual products for employees’ use in each toilet room in federally regulated workplaces.
The Regulation will amend the sanitation provisions of the following occupational health and safety regulations under the Canada Labour Code:
- 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
The main objective of the amendments is to better protect the physical and psychological health and safety risks for menstruating employees.
The Regulation requires employers under federal jurisdiction to:
- Provide menstrual products, including clean and hygienic tampons and menstrual pads, for the use of employees in each toilet room in workplaces controlled by them;
- Provide menstrual products in another location in the same workplace when it is not feasible to provide them in a toilet room, provided the location is accessible by employees at all times and offers a reasonable amount of privacy; and
- Ensure that a covered container for the disposal of menstrual products is provided in each toilet compartment.
To ensure these requirements are enforceable through administrative monetary penalties (AMPs), consequential amendments will be made to the Administrative Monetary Penalties (Canada Labour Code) Regulations (AMPs Regulations).
