Authored by: Lisa Harris and Jessica Proudfoot
Starting December 15, 2023, all federally regulated employers, including First Nations, must provide menstrual products in each “toilet room” – this includes a bathroom stall or single-use bathroom. If it is not possible to provide the menstrual products in the “toilet room”, then the employer must provide them in a spot in the workplace that is accessible to employees and reasonably private. For example, they could be provided near the sinks in a bathroom with many stalls.
Employers must also provide a covered container for the disposal of menstrual products. This covered container must be in each “toilet room”, which means there must be a container in each toilet stall if there are multiple toilets in the “toilet room”.
This change was made under the Regulations Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products).
Risk of Penalties
Contravention of the new menstrual product provisions may result in administrative monetary penalties for employers (e.g. for each violation, a penalty in the range of $1,500 to $12,000 plus penalties for past non-compliance). The amount of the penalty will depend on various factors, including the size of the employer, the type of violation, and the history of non-compliance.
Recommended Action
First Nations employers can establish policies or processes to ensure that menstrual products and covered containers are provided and maintained as required.