Human Resources Legislative Update
Proposed Regulation Requiring Federally Regulated Employers to Provide Menstrual Products Published for Comment
Date: October 20, 2022
On October 15, 2022, the federal government published a proposed Regulation Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products). The proposed Regulation would amend the sanitation provisions in the Occupational Health and Safety Regulations (OHS Regulations) made under Part II (Occupational Health and Safety) of the Canada Labour Code.
The proposed Regulation has been published for comment by November 13, 2022 (note the new online commenting feature embedded in the Regulations).
Requirement to Provide Menstrual Products
The proposed Regulation would amend the sanitation provisions in the OHS Regulations to require federally regulated employers to provide menstrual products, including clean and hygienic tampons and menstrual pads, in each toilet room at the workplace regardless of their marked gender. The proposed Regulation would also require that a covered container for the disposal of menstrual products are provided in each toilet compartment.
If it is not feasible to do so due to the nature of the workplace, federally regulated employers may provide the menstrual products in a different workplace location, so long as the location is accessible to employees at all times and offers a reasonable amount of privacy. For example, employers with less accessible workplaces (e.g. remote work sites or rail, air, and road transportation work sites) may consider providing menstrual products in office supply cabinets in employees’ designated resting rooms, or in a menstrual product kit that can be easily carried.
Administrative Monetary Penalties (AMPs)
The proposed Regulation also includes updated AMPs for this new requirement, should it be violated.
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