BILL NO. 81
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
70 Elizabeth II, 2021
Private Member's Bill
An Act Respecting
Free Menstrual Products
Claudia Chender
Dartmouth South
First Reading: November 3, 2021
Second Reading:
Third Reading:
Explanatory Notes
Clause 1 adds a definition of "menstrual products" to the Occupational Health and Safety Act.
(a) requires an employer to provide menstrual products without charge in workplace toilet facilities used by menstruating persons;
(b) requires an employer to provide a disposal container for menstrual products; and
(c) specifies that the location and number of toilet facilities where menstrual products are located in the workplace are as prescribed by the regulations.
Clause 3 expands the role of joint occupational health and safety committees to include advising employer on duties and responsibilities regarding the provision of menstrual products in the workplace.
Clause 4 provides the establishment of duties and responsibilities of employers regarding the provision of menstrual products in the workplace by way of collective agreement negotiation.
Clause 5 expands the regulation-making authority regarding menstrual products.
Clauses 6 and 7 amend the Occupational Safety General Regulations and the Revenue Act Regulations regarding menstrual products and disposal containers for the product.
Clause 8 changes "feminine hygiene product" in the Sales Tax Act to "menstrual products" and changes "sanitary napkin" to "absorbent pad, panty liner".
An Act Respecting
Free Menstrual Products
1 Section 3 of Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act, as amended by Chapter 28 of the Acts of 2000, Chapters 37 and 66 of the Acts of 2010, Chapter 24 of the Acts of 2011 and Chapter 14 of the Acts of 2016, is further amended by adding immediately after clause (q) the following clause:
- (r) "menstrual products" means products that are an absorbent pad, panty liner, tampon, cup or other menstrual product prescribed by the regulations;
2 Chapter 7 of the Acts of 1996 is further amended by adding immediately after Section 13 the following Section:
- 13A (1) Every employer shall ensure that a toilet facility at the employer's workplace used by menstruating persons and provided pursuant to the regulations
(a) is supplied with menstrual products at no fee or charge to users; and
(b) has a covered disposal container for menstrual products near each toilet.
(2) Where a workplace is a place to which the public is admitted, the toilet facility must be made available to members of the public.
(3) The location and number of toilet facilities required at a workplace for the purpose of this Section is as prescribed by the regulations.
3 Section 31 of Chapter 7, as amended by Chapter 66 of the Acts of 2010, is further amended by adding immediately after clause (f) the following clause:
- (fa) advising the employer on duties and responsibilities related to the provision of and the location of menstrual products in the workplace free of charge for menstruating persons;
4 Chapter 7 of the Acts of 2010 is further amended by adding immediately after Section 31 the following Section:
- 31A The duties and responsibilities of the employer regarding the provision of menstrual products in the workplace free of charge for menstruating persons may be established and expanded in a collective agreement resulting from negotiations between the employer and the union representing the employees of the workplace.
5 Section 82 of Chapter 7, as amended by Chapter 38 of the Acts of 2000, Chapter 14 of the Acts of 2007, Chapters 37 and 66 of the Acts of 2010 and Chapter 41 of the Acts of 2013, is further amended by adding immediately after clause (k) the following clauses:
- (ka) prescribing products as menstrual products;
(kb) determining the location and number of toilet facilities at the employer's workplace;
6 N.S. Reg. 44/99, the Occupational Safety General Regulations, made pursuant to Section 82 of the Occupational Health and Safety Act and amended by N.S. Reg 53/2013, is further amended by adding immediately after clause 19(6)(f) the following clauses:
- (fa) provided with menstrual products;
(fb) provided with a covered disposal container for menstrual products near each toilet used by menstruating persons;
7 (1) N.S. Reg. 63/1996, the Revenue Act Regulations, made pursuant to Sections 12, 27, 31C, 43 and 92 of the Revenue Act, is amended by adding immediately after clause 32(n) the following clause:
- (na) "menstrual products" means products that are an absorbent pad, panty liner, tampon, cup and items of similar nature;
(2) Clause 32(s) of N.S. Reg. 63/1996, the Revenue Act Regulations, made pursuant to Sections 12, 27, 31C, 43 and 92 of the Revenue Act, is amended by striking out "sanitary napkins and items of similar nature," in the first and second lines.
8 (1) Clause 12J(g) of Chapter 31 of the Acts of 1996, the Sales Tax Act, as enacted by Chapter 3 of the Acts of 2013, is amended by
(a) striking out "feminine hygiene product" in the first line and substituting "menstrual products"; and
(b) striking out "sanitary napkin," in the third line and substituting "absorbent pad, panty liner,".
(2) Subclause 12J(n)(viii) of Chapter 31 of the Acts of 1996 is amended by striking out "feminine hygiene product" in the first line and substituting "menstrual products".
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2021 Crown in right of Nova Scotia. Created November 3, 2021. Send comments to legc.office@novascotia.ca.
