Why free tampons are now mandatory in federally regulated offices — yes, even in men's washrooms

Dec 15 2023, 9:00 pm

If you’re an employee of a federally regulated workplace in Canada, you’ll likely notice that aside from soap and toilet paper, all the bathrooms in your workplace are now stocked with free period products such as tampons and pads.

The new rule kicked in on Friday and applies to all washrooms, regardless of whether they’re gender-neutral or marked for men or women.

The policy change is part of an update to Canada’s Labour Code and was finalized after several rounds of consultations with organizations such as United Way (Period Promise campaign), Period Packs, and the Canadian Women’s Foundation.

The updates to the labour code were announced in the spring. They required federally regulated workplaces, such as federal buildings, airports, and Crown corporations, to provide free menstrual products for their employees starting December 15, 2023.

“Providing employees with access to menstrual products supports better health outcomes and workplace productivity while reducing the stigma often associated with menstruation,” stated the federal government in a detailed statement about the requirements.

The updates to the labour code also require that menstrual products be made available in all washrooms, regardless of their marked genders.

“This means that every female-identified, male-identified, and all-gender toilet room will need to have menstrual products,” stated the government.

“Unrestricted access to menstrual products better protects menstruating employees and makes sure that they feel safe to use the toilet room that best reflects their gender.”

Free tampons and pads are an inclusive step

The new law has gained attention on social media, including transphobic criticism of having the products in bathrooms marked for men.

Former Canadian Conservative senator Linda Frum has received many responses on X for her post criticizing the changes to the labour code.

“Back in the day, when only women menstruated, we had to pay for our own products. But now that men menstruate too, these products, as of this week, are mandated to be free in all Men’s washrooms in all federal workplaces, including Parliament Hill — where this photo was taken today,” she wrote on X.

Frum’s post has received many replies, highlighting that just like soap and toilet paper, offering menstrual products in washrooms should be normalized.

“Great! They should be offered free in all washrooms, like toilet paper. Thanks for bringing awareness to this important issue,” responded one X user.

“Free menstrual products are good, actually,” wrote another.

“As a father of two girls, I don’t see what the problem is. Often, I’ve been out with them without their mother, and more access to female hygienic products would’ve given me a great option in emergencies instead of them feeling any embarrassment,” wrote one dad in the comments.

Another user noted how the discussion around menstruation includes anyone who menstruates, including cis women, non-binary people, and trans men with uteruses.

“People born with a uterus who transition to male may still have a period. I understand these are also available in the women’s bathroom. What’s so hard for you about supporting our trans and non-binary friends, exactly?” asked X user Liza Fromer.

In another now-deleted video, Conservative MP for Peterborough-Kawartha Michelle Ferreri can be seen walking into a men’s bathroom in a federal building,

“This is the men’s bathroom, and I want to show you what has been put in the bathrooms. That is period products for federally regulated employees. I can’t stress enough to you how out of touch this is,” she says in the video, which has been screen-recorded and reshared online.

Egale Canada, an advocacy organization for the Canadian 2SLGBTQI community, released a statement on Friday in response to “Conservative outrage on menstrual product access,” calling their actions “irresponsible and dangerous.”

“For many trans and gender-diverse people, gendered washrooms (typically labelled “Men’s” and “Women’s”) are a place where harassment and violence can occur if they are perceived to be in the ‘wrong’ space. This is why it is so important to take steps to make washrooms inclusive for everyone,” wrote Egale.

“You do not have to be a cisgender woman to menstruate. Two Spirit, trans, and non-binary (2STNB) people also need access to menstrual products. The news that free menstrual products must now be available in all employee washrooms in federally regulated workplaces is a move in the right direction.”

The organization also noted that due to the rising cost of everyday items, including menstrual products, offering tampons and pads for free will benefit everyone who menstruates in those workplaces.

This helps end stigma

Nikki Hill, the Government of BC Period Poverty Task Force chairperson, was involved in the labour code change consultation process with stakeholders from various industries.

Hill told Daily Hive that having menstrual products accessible to everyone “should be as basic as toilet paper and soap.”

“Someone should be able to walk into a washroom and take care of what they need, to take care of their basic needs,” she added.

Over the past few years, municipal, provincial, and federal levels of government have been working on addressing period poverty.

According to the Government of Canada, a lack of menstrual products “is closely linked to poverty” and impacts many diverse groups, including youth, single mothers, BIPOC communities, immigrants, people experiencing homelessness, people living with disabilities, gender-diverse individuals, and those living in remote communities.

A 2023 survey conducted by Environics Research on behalf of Women and Gender Equality Canada found that nearly 20% of people who menstruate say they may not afford period products at some point in the next year.

Hill noted that making period products more accessible also decreases stigma.

“One of the big issues with period poverty, it is stigmatized for people to ask for what they need in many cases, and having to go ask when they’re struggling… And when we’re looking at things like affordability and cost of living, there’s so much stigma, and that means people are making a tough and often health-dangerous decision about what they’re using,” she said.

Hill said that people who appear to be upset over the decision for menstrual products offered in men’s washrooms “don’t have lived experiences of what it’s like to go into a washroom when you’re menstruating not being able to access something so basic.”

free tampons canada

Jenari/Shutterstock

She also noted that a high level of inclusivity is part of the menstrual equity movement.

“It’s ensuring that people who are trans folks or anyone who needs to access something so basic can do that like they do with toilet paper like everybody else does.”

Hill’s sentiments were also reflected by Anuradha Dugal, VP of Community Initiatives of the Canadian Women’s Foundation.

In a statement to Daily Hive, Dugal said the change to the labour code is a “model to emulate across sectors.”

“Achieving a gender-equal Canada starts by recognizing the diversity of everyone who faces gender injustice and inequality and making smart moves to end barriers they face,” Dugal wrote.

“And ending gender inequality, including ending period poverty and ensuring full reproductive and sexual health access and rights, also means using every tool to end sexism, transphobia, homophobia, racism, ableism, and all intertwined forms of discrimination. Period.”

Simran SinghSimran Singh

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