Free menstrual products must now be available for employees in federally regulated workplaces

Beginning Friday, all federally regulated employers including federal public service departments, crown corporations, banks, airports and train yards must provide free menstrual products in their employee washrooms.

The change to the Canada Labour Code announced in May 2023 stipulates that as of Dec. 15, these workplaces must provide free tampons and menstrual pads in every employee washroom, as well as a covered disposal container in every toilet stall. The free menstrual products are intended for employee use, not for members of the public.

Rachel Ettinger initiated a petition in 2020 that was eventually presented in the House of Commons by her MP, calling for this new requirement.

"We have to look at menstrual products as a necessity item, just like toilet paper," said Ettinger. "You can't provide a truly inclusive space for your employees without providing menstrual products."

Rachel Ettinger is the founder of Here For Her, a social enterprise focused on health education across Canada. She said everyone deserves to menstruate with dignity. (CBC)

Ettinger is the founder of Here For Her, a social enterprise focused on health education across Canada. Along with other organizations, it provided the government with recommendations for making menstrual products available in workplaces.

One of those other groups was the Ottawa-based non-profit Period Packs.

"It makes a huge difference knowing that they're consistently there and you don't have to carry one with you everywhere, like at the bottom of your purse or the bottom of your school bag or in your pocket," said Period Packs executive director Meghan White.

Providing free tampons and pads to employees also creates a more equitable work environment, White said.

"It's not appropriate to ask employees to leave on their lunch break, during time that's supposed to be rest, to go and find menstrual products," she said.

"When you get your period and there's no way to manage it, it's remarkably isolating," White added. "You essentially have to go sit alone until you're done bleeding, or use toilet paper or some other inappropriate mechanism for managing your period."

In a post on its Instagram account, the Winnipeg Airport Authority showed off one of its recently installed free menstrual product dispensers. (Instagram @ywgairport)

Applies to men's washrooms, too

One of the recommendations Ettinger and others made that's now included in the list of requirements is for menstrual product dispensers and disposal containers to be installed in all washrooms, including men's washrooms.

"Not only women or those who identify as women menstruate," said Ettinger. "Trans men, gender non-conforming and two-spirit folks menstruate as well, and everyone who menstruates deserves to menstruate with dignity."

While some critics have taken to social media to decry the push for menstrual products in men's washrooms, Meghan White points out that limiting the products to women's washrooms would force all menstruating people to go into a women's washroom.

"We can't ask people to self-identify in the workplace," said White. "Why not accommodate everyone if you can? Why not set the highest standard as a federally regulated agency?"

Proponents of the new measure highlight that a simple basket containing a few individually wrapped tampons and pads placed somewhere in the washroom is enough to satisfy the requirement, and that disposal containers in each stall will also accept incontinence protection pads for everyone.

Meghan White of the Ottawa-based non-profit Period Packs says the federal government's change to the labour code bolsters the argument that providing employees with free menstrual products creates a more equitable workplace. (Sunny Zeng)

Delays expected

Even though the change to the labour code was announced seven months ago, it seems many affected employers have yet to install dispensers and disposal containers, according to Krista Plewes, marketing director of the Canadian division of Citron Hygiene.

Plewes said while most federal ministries and crown corporations will likely have had the word passed down to them from above, she's less confident that's the case for federally regulated institutions such as banks, freight and transportation agencies, and airports.

"I do think a lot of them haven't heard about these regulations yet," said Plewes. "We have certainly spoken to a lot of customers who are not prepared because they didn't know about it, so I do think that more communications needs to go out."

By far the company's most popular menstrual product dispensers are the Aunt Flow line of machines which were created in the United States in an effort to provide free pads and tampons in washrooms.

Plewes said her company, which is the exclusive Canadian distributor of Aunt Flow dispensers, is ready to meet the surge in demand as more facility managers become aware of the new requirement, but that may not be the case across the board in the hygiene industry.

As for concerns about theft, she added that a recent survey conducted by her company shows the vast majority of respondents would only take as many pads or tampons as needed in that moment.

"We don't see people going in and stealing toilet paper, so why would they steal these products?" Plewes asked. "The more we can normalize free products, the better off life will be for menstruators everywhere."

'This is an inclusivity issue'

In an effort to explain these new requirements and exceptions, Employment and Social Development Canada has posted a guide on its website.

In response to a request for comment from CBC, the ministry sent an email stating that employees should report any situations they believe to be in contravention of the labour code to their employer using the internal complaint resolution process accessible through the department's website.

The department also wrote that funding to purchase menstrual products and disposal containers is the sole responsibility of each employer.

CBC also requested comment from Public Services and Procurement Canada, arguably the largest facility manager of federally regulated workplaces in the country, regarding potential delays in the rollout. The department did not respond in time for publication.

While the launch of the requirement may not go smoothly, it's important not to lose sight of the bigger picture, said Here For Her's Ettinger.

"I'm really hoping that as an activist this will kind of be a domino effect for other public sector businesses, schools, and then of course for the private sector to jump on and realize that this is an inclusivity issue."