Regulations Amending Certain Regulations Made Under the Canada Labour Code (Sanitation): SOR/2024-118
Canada Gazette, Part II, Volume 158, Number 13
Registration
SOR/2024-118 May 31, 2024
CANADA LABOUR CODE
P.C. 2024-629 May 31, 2024
Whereas, under subsection 157(3)footnote a of the Canada Labour Code footnote b, regulations of the Governor in Council under subsection 157(1)footnote c or (1.1)footnote d of that Act are to be made in respect of occupational safety and health of employees employed on ships, trains or aircraft, while in operation, on the recommendation of the Minister of Labour and the Minister of Transport and are to be made in respect of occupational safety and health of employees employed on or in connection with exploration or drilling for or the production, conservation, processing or transportation of oil or gas in frontier lands, as defined in section 2 of the Canada Petroleum Resources Act footnote e, on the recommendation of the Minister of Labour, the Minister of Indigenous Services and the Minister of Natural Resources, the latter taking into consideration any recommendations made by the Canadian Energy Regulator in relation to the regulations;
And whereas the Canadian Energy Regulator has not made any recommendations in relation to the annexed Regulations;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, the Minister of Transport, the Minister of Indigenous Services and the Minister of Natural Resources, makes the annexed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Sanitation) under subsections 125(1)footnote f and 157(1)footnote c and section 270footnote g of the Canada Labour Codefootnote b.
Regulations Amending Certain Regulations Made Under the Canada Labour Code (Sanitation)
Canada Occupational Health and Safety Regulations
1 (1) The definition Canadian Plumbing Code in section 9.1 of the Canada Occupational Health and Safety Regulations footnote 1 is repealed.
(2) Section 9.1 of the Regulations is amended by adding the following in alphabetical order:
- PSAI
- means the Portable Sanitation Association International. (PSAI)
2 (1) Paragraph 9.5(1)(a) of the Regulations is replaced by the following:
- (a) shall meet the standards set out in the National Plumbing Code of Canada 2020, developed by the Canadian Commission on Building and Fire Codes and published by the National Research Council of Canada; and
(2) Subsection 9.5(2) of the Regulations is replaced by the following:
(2) If it is not feasible to comply with paragraph (1)(b), the employer shall provide a waste disposal system that meets the standards set out in ANSI/PSAI standard Z4.3-2016, entitled Sanitation - Nonsewered Waste-Disposal Systems - Minimum Requirements, as amended from time to time.
3 (1) Subsection 9.12(1) of the Regulations is replaced by the following:
9.12 (1) If feasible, a toilet room shall be provided for employees and, subject to sections 9.13 and 9.131, if persons of both sexes are employed at the same work place, a separate toilet room shall be provided for employees of each sex.
(2) The portion of subsection 9.12(2) of the English version of the Regulations before paragraph (a) is replaced by the following:
(2) Subject to subsections (3) and (4), where a toilet room is provided in accordance with subsection (1), the employer shall provide in that room a number of toilets determined according to the maximum number of employees of each sex who are normally employed at any one time at the work place as follows:
(3) Subsection 9.12(5) of the English version of the Regulations is replaced by the following:
(5) An employee shall not be counted for the purposes of subsections (2) and (3) if they are normally away from the work place for more than 75% of their working time and they do not normally use the toilet room in the work place.
4 (1) The portion of subsection 9.13(1) of the Regulations before paragraph (a) is replaced by the following:
9.13 (1) Subject to subsection (2), an employer may provide only one toilet for all employees if
(2) Paragraph 9.13(1)(a) of the English version of the Regulations is replaced by the following:
- (a) the total number of employees normally employed at the work place at any one time does not exceed five; and
(3) The portion of subsection 9.13(2) of the Regulations before paragraph (a) is replaced by the following:
(2) If the class of employment in the work place is the transaction of business or the rendering of professional or personal services, the employer may provide only one toilet for all employees if
(4) Paragraph 9.13(2)(a) of the English version of the Regulations is replaced by the following:
- (a) the total number of employees normally employed at the work place at any one time does not exceed 10 or the area of the work place does not exceed 100 m2; and
5 The Regulations are amended by adding the following after section 9.13:
9.131 A toilet that is required to be provided by the employer under section 9.12 may be provided in an all-gender toilet room.
6 Subsection 9.23(10) of the English version of the Regulations is replaced by the following:
(10) An employee referred to in subsection (1) who takes a shower as a result of their work shall be provided with a clean towel and soap or another cleaning agent.
7 Section 9.24 of the Regulations is replaced by the following:
9.24 Every employer shall provide potable water for drinking, personal washing and food preparation that conforms to the Guidelines for Canadian Drinking Water Quality, published by the Department of Health, as amended from time to time.
8 Section 9.29 of the Regulations is replaced by the following:
9.29 A drinking fountain that supplies drinking water shall meet the standards set out in the ARI standard ARI 1010-2002, entitled Self-Contained, Mechanically- Refrigerated Drinking-Water Coolers, as amended from time to time.
9 Section 9.32 of the Regulations is replaced by the following:
9.32 Every mobile accommodation shall meet the standards set out in chapter Z240.2.1-16, entitled Technical requirements for manufactured homes, of the CSA standard Z240 MH Series-16, entitled Manufactured Homes, as amended from time to time.
10 Section 9.35 of the Regulations is repealed.
Oil and Gas Occupational Safety and Health Regulations
11 The heading of Part X of the French version of the Oil and Gas Occupational Safety and Health Regulations footnote 2 is replaced by the following:
Mesures d’hygiène
12 Section 10.1 of the Regulations is renumbered as subsection 10.1(1) and is amended by adding the following:
(2) Section 1.6 does not apply in respect of any publication that is referred to in a standard that is incorporated by reference in this Part.
13 Subsection 10.14(4) of the Regulations is replaced by the following:
(4) For the purposes of subsection (3), the minimum capacity of a wash basin shall be determined by reference to the applicable municipal by-laws or provincial regulations or, if there are no such by-laws or regulations, by reference to the National Plumbing Code of Canada 2020, developed by the Canadian Commission on Building and Fire Codes and published by the National Research Council of Canada.
14 Section 10.19 of the Regulations is replaced by the following:
10.19 Every employer shall provide potable water for drinking, personal washing and food preparation that conforms to the Guidelines for Canadian Drinking Water Quality, published by the Department of Health, as amended from time to time.
15 Section 10.24 of the Regulations is replaced by the following:
10.24 A drinking fountain that supplies drinking water shall meet the standards set out in the ARI standard ARI 1010-2002, entitled Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers, as amended from time to time.
16 Subsections 10.26(1) to (4) of the Regulations are replaced by the following:
(2) The installation of plumbing fixtures in field accommodation shall meet the standards set out in the National Plumbing Code of Canada 2020, developed by the Canadian Commission on Building and Fire Codes and published by the National Research Council of Canada.
(3) In field accommodation that is not equipped with sleeping quarters, the employer shall provide water closets and wash basins in accordance with subsection 3.6.4 of the National Building Code.
(4) Every mobile accommodation that is provided as field accommodation shall meet the standards set out in chapter Z240.2.1-16, entitled Technical requirements for manufactured homes, of the CSA standard Z240 MH Series-16, entitled Manufactured Homes, as amended from time to time.
17 Section 10.29 of the Regulations is repealed.
Maritime Occupational Health and Safety Regulations
18 Paragraph 79(a) of the Maritime Occupational Health and Safety Regulations footnote 3 is replaced by the following:
- (a) the fountain must meet the standards set out in the Air-Conditioning and Refrigeration Institute (ARI) standard ARI 1010-2002, entitled Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers, as amended from time to time; and
19 Section 82 of the Regulations is repealed.
Administrative Monetary Penalties (Canada Labour Code) Regulations
20 (1) Item 426 of Division 1 of Part 2 of Schedule 1 to the Administrative Monetary Penalties (Canada Labour Code) Regulations footnote 4 is repealed.
(2) Item 247 of Division 4 of Part 2 of Schedule 1 to the Regulations is repealed.
(3) Item 254 of Division 5 of Part 2 of Schedule 1 to the Regulations is repealed.
Coming into Force
21 These Regulations come into force six months after the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Executive summary
Issues: Currently, the sanitation provisions of the Canada Occupational Health and Safety Regulations (COHSR) are not fully inclusive of the diversity of federally regulated employers and employees. While the COHSR require employers to provide toilet rooms for employees, if an employer offers an all-gender toilet room (a toilet room not specific to sex or gender), the toilets included in this toilet room would not count towards the current toilet requirements. In addition, male pronouns are used in the English version of COHSR to reference all employees. Sanitation parts of the COHSR, Oil and Gas Occupational Safety and Health Regulations (OGOSHR) and Maritime Occupational Health and Safety Regulations (MOHSR) also make references to withdrawn and out-of-date versions of standards.
Description: The Regulations Amending Certain Regulations Made Under the Canada Labour Code (Sanitation) [Regulations] amend the sanitation provisions in COHSR to allow all toilets (including toilets in all-gender toilet room) to count towards the total number of toilets required and to remove the use of male pronouns in the English version to reflect a more diverse federally regulated sectors and workforce. In addition, several standards incorporated by reference in sanitation parts of the COHSR, OGOSHR and MOHSR will be updated to ensure the safety of employees and to avoid confusion for employers.
Rationale: The Regulations encourage employers to provide all-gender toilet rooms; however, the amendments do not oblige employers to provide them. The Regulations’ main benefit is to eliminate the disincentive for employers to provide all-gender toilet rooms by ensuring that the toilets in those are counted towards the total number of toilets required in the workplace. More all-gender toilets will benefit some members of the 2SLGBTQI+ community including transgender, non-binary, gender diverse, and intersex individuals who can encounter stigma, harassment, and violence, when they attempt to access sex-specific toilet rooms which can lead to negative physical and mental health outcomes. Furthermore, revising language in the English version of the COHSR ensures that the diverse workforce in federally regulated workplaces is reflected since women account for nearly 40% of the federally regulated private sector and 55.9% of the federally regulated public service.
Lastly, updating the out-of-date standards may ensure the safety of employees and avoid confusion for employers.
Cost-benefit statement: The present value of total costs due to the Regulations is an estimated $8,631,846 over the 10-year analytical period. These costs are comprised of the acquisition costs to employers to obtain the standards referenced, the translation costs for employers working in French to translate the English-only referenced standards, and the costs to the federal government for providing employers with information.
Issues
Currently, the sanitation provisions of the Canada Occupational Health and Safety Regulations (COHSR) are not inclusive of all federally regulated employers and employees. While the COHSR require employers to provide toilet rooms for employees, if an employer offers an all-gender toilet room (a toilet room not specific to sex or gender), the toilets in this toilet room would not count towards the current requirements. In addition, language in the sanitation provisions in the English version of COHSR uses male pronouns to reference all employees and employers. Gender diversity of all employees and employers is therefore not recognized or reflected in these provisions.
Furthermore, sanitation parts of the COHSR, the Oil and Gas Occupational Safety and Health Regulations (OGOSHR) and the Maritime Occupational Health and Safety Regulations (MOHSR) make static references to withdrawn and out-of-date versions of standards, which require updating to be consistent with other regulations. The Aviation Occupational Health and Safety Regulations (AOHSR) and the On Board Trains Occupational Health and Safety Regulations (OTOHSR) do not require amendments through this initiative as the provisions for toilet rooms and the language used in the sanitation provisions of these regulations is already gender-neutral. In addition, the AOHSR and the OTOHSR only use ambulatory references in their sanitation provisions, therefore the standards referenced are up to date.
Background
The Labour Program seeks to promote and sustain stable industrial relations and safe, fair, healthy, equitable and productive federally regulated workplaces. Federally regulated workplaces under the Canada Labour Code (the Code) comprise approximately 8% of the Canadian workforce and include: banking; telecommunication; broadcasting; air, interprovincial rail and road transportation; shipping and related services; grain elevators, feed and seed mills; uranium mining; federal Crown corporations; First Nations Band Councils and the federal public service. Part II of the Code, and the Occupational Health and Safety (OHS) regulations made under that Part, set requirements to protect federally regulated employees from work-related accidents and illnesses. In doing so, Part II and the OHS regulations set requirements for sanitation provisions for employers that include the number of toilets required in a workplace.
Currently, the COHSR sets out the number of toilets required in a workplace based on the number of employees of each sex (male and female) working in the same workplace. The Government of Canada currently defines the term sex as biological characteristics,footnote 5 such as male, female or intersex and defines gender as a social identity, such as man, woman, non-binary or two-spirit.footnote 6footnote 7 Employees whose gender expression does not conform to their sex assigned at birth can experience fear of harassment and stigma when they attempt to access sex-specific toilet rooms.footnote 8footnote 9 Employees opting to not use the toilet rooms for this reason can endure physical discomfort, and even illness, which may disrupt their work activities. Employers currently face a disincentive to provide all-gender toilet rooms, as under the COHSR, the number of toilets required is based only on each sex, therefore the toilets in all-gender toilet rooms would not count.
Stakeholders are familiar with this initiative, as the issue of all-gender toilets was first raised during the consultations held in April 2022 for the Regulations Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products) at which time stakeholders expressed their support for counting toilets in all-gender toilet rooms.
The English version of the COHSR uses male pronouns in the sanitation provisions when referring to the employer or employee, despite the fact that women account for nearly 40% of the federally regulated private sector workforce,footnote 10 and 55.9% of the federally regulated public service.footnote 11 Gender neutrality is important because it is not only more accurate, but also respectful and consistent with the values of equality.footnote 12 The Government of Canada is supportive of removing gender-based discrimination in writing as set out in the Guidelines for Inclusive Writing.footnote 13 Removing or replacing male pronouns in the English version works to further promote gender diversity of federally regulated workplaces and to support the government’s commitment to inclusion and gender diversity. The other OHS regulations (AOHSR, OTOHSR, MOHSR and OGOSHR) already use gender-neutral language and due to the nature of the workplaces governed by these regulations, such as trains and airplanes, toilet rooms are already all-gender.
There are also out of date or withdrawn standards referenced in the COHSR, the MOHSR and the OGOSHR. This includes six references in both COHSR and OGOSHR to 40-year-old standards, all of which have been updated or withdrawn. Reference to standards ensures that the OHS regulations follow up-to-date practices created by and consistent with experts and international norms, but the current references are to specific documents, or ’’static’’. Most standards are updated around once a decade, making the referenced versions from the 1970s and 1980s out of date, and hard or impossible to find. Additionally, many of these standards and publishers have changed names since the COHSR, the MOHSR and the OGOSHR were last updated, meaning they are no longer known by the titles referenced in the regulations. For greater consistency across all OHS regulations, the standards referenced in the sanitation sections of the COHSR, the MOHSR and the OGOSHR will be updated to their current names, with ambulatory references wherever possible. Ambulatory references mean that as new versions are released, the OHS regulations will continue to refer to the most up-to-date version. These standards are all published either by the Government of Canada or by major Canadian and American trade associations.
Objective
This initiative upholds a Government of Canada commitment to support a safer, more equitable and inclusive Canada. The objectives of the amendments are
- to eliminate the disincentive for employers to provide all-gender toilet rooms by ensuring that the toilets in those can be counted towards the total number of toilets required in the workplace;
- to ensure language does not discriminate against a particular sex, social gender, or gender identity; and
- to update out of date and inconsistent standards referenced in the regulations, while allowing existing workplaces to avoid non-compliance.
Description
The Regulations Amending Certain Regulations Made Under the Canada Labour Code (Sanitation) amends three OHS Regulations:
- Part IX of the Canada Occupational Health and Safety Regulations (COHSR);
- Part 4 of the Maritime Occupational Health and Safety Regulations (MOHSR); and
- Part X of the Oil and Gas Occupational Safety and Health Regulations (OGOSHR).
Counting all toilets and updating language
The Sanitation part of the COHSR has been amended to allow all toilets (including toilets in all-gender toilet rooms) to count towards the total count of toilets required by the regulations. In addition, the COHSR has been amended to revise the language used in the English version when referring to the employer or employee by changing or removing male pronouns and using gender-neutral language.
Updating standards referenced in the OHS Regulations
Sanitation parts of the COHSR, OGOSHR and MOHSR will be amended to make the references to standards ambulatory instead of static, wherever possible, which will ensure that these regulations reference the most current versions of the standards. Three references (CSA Standard A394, Sanitation Code for Canada’s Foodservice Industry, and Food Safety Code of Practice) have been repealed without replacement. The only standard which cannot be made ambulatory is the National Plumbing Code of Canada 2020 because the year of publication is part of the publication’s title, so it will be updated to the latest version available but remain a static reference. The remaining four references will be updated, on an ambulatory basis, to refer to the most recent version of the standards that has been published.
Existing static references in the COHSR, OGOSHR and MOHSR will be updated as follows:
COHSR
- Canadian Plumbing Code, 1985 will be replaced by the National Plumbing Code of Canada 2020
- ANSI Z4.3-1979, Minimum Requirements for Nonsewered Waste-Disposal Systems will be replaced by the ANSI/PSAI standard Z4.3-2016 entitled Sanitation - Nonsewered Waste-Disposal Systems - Minimum Requirements
- Guidelines for Canadian Drinking Water Quality 1978 will be replaced by the Guidelines for Canadian Drinking Water Quality
- Standard for Drinking-Fountains and Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers, 1982 will be replaced by the ARI standard ARI 1010-2002, entitled Self Contained, Mechanically Refrigerated Drinking-water Coolers
- CSA Standard Z240.2.1-1979, Structural Requirements for Mobile Homes, dated September 1979, as amended to April 1984 will be replaced by the Z240.2.1-16, Technical requirements for manufactured homes, of the CSA standard Z240 MH Series-16, entitled Manufactured Homes
- Sanitation Code for Canada’s Foodservice Industry, 1984 will be repealed
MOHSR
- Air-Conditioning and Refrigeration Institute (ARI) of the United States ARI 1010-2002, Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers will be replaced by Air-Conditioning and Refrigeration Institute (ARI) standard ARI 1010-2002, entitled Self-Contained, Mechanically Refrigerated Drinking-Water Coolers
- Food Safety Code of Practice will be repealed
OGOSHR
- The Canadian Plumbing Code, 1985 will be replaced by the National Plumbing Code of Canada 2020
- Guidelines for Canadian Drinking Water Quality 1978 will be replaced by the Guidelines for Canadian Drinking Water Quality
- Standard for Drinking-Fountains and Self-Contained, Mechanically-Refrigerated Drinking-Water Coolers, 1982 will be replaced in the ARI standard by ARI 1010-2002, entitled Self Contained, Mechanically Refrigerated Drinking-water Coolers
- CSA Standard A394-M1984, Guide to Requirements for Relocatable Industrial Accommodation, dated March 1984 will be repealed
- CSA Standard Z240.2.1-1979, Structural Requirements for Mobile Homes, dated September 1979, as amended to April 1984 will be replaced by the Z240.2.1-16, Technical requirements for manufactured, of the CSA standard Z240 MH Series-16, entitled Manufactured Homes
- Sanitation Code for Canada’s Foodservice Industry, 1984 will be repealed
Some of the existing standards referenced are only available in English, and therefore the English version is referenced in both the English and French versions of the regulations. Through our research and consultations, we heard that many employers already meet the requirements prescribed in these amendments or will not have an issue with complying with them, especially since most of the older versions are no longer available to purchase or acquire.
Regulatory development
Consultation
In April 2022, the Labour Program held a consultation session for the Menstrual Products initiative with a broad range of stakeholders from the Occupational Health and Safety Advisory Committee (OHSAC) which includes representation from federally regulated employers and employees, and consultations with Indigenous organizations. During this consultation session, all-gender toilet rooms was one of the topics that was discussed.
In total, 28 representatives from the following organizations took part, in addition to departmental representatives from Transport Canada, Natural Resources Canada, Canada Energy Regulator, Indigenous Services Canada and Women and Gender Equality Canada who participated as observers:
- British Columbia Maritime Employers Association
- Canadian Labour Congress
- Canadian Union of Public Employees
- Federally Regulated Employers Transportation and Communications
- Longshore and Warehouse Union
- Public Service Alliance of Canada
- Unifor
- Treasury Board Secretariat
- Native Women’s Association of Canada
- Women of the Métis Nation
At the consultation session, stakeholders indicated that the OHS Regulations should be changed, as they do not allow toilets in all-gender toilet rooms to count towards the number of toilets in a workplace. Stakeholders indicated that this serves as a disincentive that keeps employers from modernizing toilet rooms in their workplace.
In March 2023, a survey was sent out to gain stakeholder feedback on specific aspects of the initiative, including updating various out-of-date standards. Three responses were received from OHSAC members indicating that they supported the initiative, specifically referencing the most up-to-date standards and toilet requirements, noting that some members already had toilets in all-gender toilet rooms which they would like to be able to count for compliance purposes or would like to incorporate as part of upcoming facility renovations. Components of the regulatory initiative were also presented to OHSAC members in June 2023. Stakeholders in that meeting expressed their support for this initiative and communicated that their members would be pleased with these amendments.
Because the Regulations are relieving in that they allow employers to count toilets in all-gender toilet rooms toward their requirements under the COHSR and they update referenced standards to reflect best practices, an exemption from prepublication in the Canada Gazette, Part I, was granted.
Modern treaty obligations and Indigenous engagement and consultation
Depending on specific activities within modern treaty areas, the amendments may be applicable to federally regulated workplaces within their territory.
The Labour Program conducted the assessment of modern treaty implications and found that the amendments will not disproportionately impact modern treaty holders; however, the amendments will apply to workplaces that fall under federal jurisdiction such as First Nations band councils and Indigenous self-governments.
The Code continues to apply to modern treaty areas as this area of jurisdiction is not one for which a modern treaty holder will create their own legislation. Modern treaty holders will therefore apply the Code to applicable activities in their territory.
Instrument choice
The Regulations are necessary to amend existing sanitary provisions and their application in workplaces that are subject to Part II of the Code to modify the current toilet count requirement and update language and standards.
Incorporations by reference to four standards are being updated from static to ambulatory references using the most up-to-date titles and publishers of the documents. One other standard, the National Plumbing Code is being updated to reflect the 2020 version of the document. This will ensure that COHSR, MOHSR and OGOSHR reference the most up-to-date and accessible versions of these standards, some of which are already referenced in other existing OHS regulations. Additionally, many of the older versions of the standards referenced are no longer available to purchase or acquire. In order to update the standards referenced in the regulations, the regulatory amendment is the only possible way to make the change.
Regulatory analysis
Baseline and regulatory scenarios
Baseline scenario
Under the baseline scenario, in the COHSR, should an employer provide an all-gender toilet room in the workplace, these toilets will not be counted towards the total number of toilets required, and as such, the current regulations create a barrier for employers who would like to offer all-gender toilet rooms.
Several standards referenced in sanitation parts of the COHSR, the OGOSHR, and the MOHSR are out of date and reference dated standards, such as the Canadian Plumbing Code, 1985.
Regulatory scenario
Under the regulatory scenario, the sanitation part of the COHSR will be amended to allow all toilets, including the ones in all-gender toilet rooms, to count towards the total count of toilets required by the Regulations.
The sanitation part of the COHSR will be amended to revise the language in the English version used when referring to the employer or employee by changing or removing male pronouns and using gender-neutral language.
Lastly, sanitation parts of the COHSR, OGOSHR, and MOHSR, will be amended to reference updated standards and will make the references ambulatory instead of static wherever possible. Making the references ambulatory will allow for the most current versions of the standards to be referenced and remain up to date as new versions are released in the future. This approach is consistent with other OHS Regulations such as the AOHSR and the OTOHSR which include references to these standards.
Benefits and costs
The present value of total costs due to the Regulations is an estimated $8,631,846 over the 10-year analytical period. These costs are comprised of the acquisition costs to employers to obtain the standards referenced, the translation costs for employers working in French to translate the English-only standards referenced, and the costs to the federal government for providing employers with information. This information will be disseminated to employers regarding the updates to the COHSR, OGOSHR and MOHSR and will clarify how an employer can now include all-gender toilet rooms and remain in compliance with the Code.
Although the Regulations will not oblige employers to provide all-gender toilet rooms, it could encourage employers to provide them in the future.
There will be no incremental costs arising from the inclusion of toilets in all-gender toilet rooms in the Regulations since the Regulations Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products) already require the provision of menstrual products in all toilet rooms regardless of the sex.
The Regulation’s main benefit is to eliminate the disincentive for employers to provide toilets in all-gender toilet rooms by ensuring that these are counted towards the total count of toilets required in the workplace. More toilets in all-gender toilets rooms will benefit some members in the 2SLGBTQI+ community who can encounter challenges when they attempt to access sex-specific toilet rooms such as fear of harassment and stigma. Employees opting to not use the toilet room for this reason can endure physical discomfort, and even illness, which may disrupt daily activities at work.
Furthermore, revising language in the English version of the Regulations ensures that language does not discriminate against a particular sex, social gender, or gender identity.
Lastly, updating the out-of-date standards may ensure the safety of employees, avoid confusion for employers, and ensure that employers have knowledge of the most recent technical information related to sanitation in the workplace.
While costs of acquiring and translating the newest version of standards are covered in this section, it is expected that complying with these changes will not result in significant costs or benefits. Through consultations with and surveying of external stakeholders, the Labour Program put forward a list of all standards to be updated through these amendments. The Labour Program did not receive any concerns related to meeting the requirements set by the updated standards. As such, the cost-benefit analysis assumes that all employers already meet the requirements prescribed in these amendments or will not face technical or financial difficulties to comply. This is reinforced by the fact that most of the older versions of these standards are no longer available, hence it is very likely that employers are following the most recent versions.
Benefits
The Regulations eliminate a disincentive for employers to provide more all-gender toilet rooms and therefore will support employers who want to provide toilets in all-gender toilet rooms which will be counted towards the total number of toilets required in the workplace.
By revising language in the English version of the COHSR, the amendments ensure that the diversity of Canadian workplaces is reflected and that the regulations are inclusive of sex, social gender, and gender identity.
Finally, the amendments will provide clarity for employers by updating out-of-date standards and removing withdrawn standards related to sanitation provisions, thereby ensuring that employers have knowledge of the most recent technical information related to sanitation in the workplace.
Costs
The costs of the proposal can be divided into three categories:
- Costs for employers to acquire the standards referenced.
- Costs for employers working in French to translate the English-only standards referenced.
- Costs to the federal government for providing employers with information.
1. Costs for employers to acquire the standards referenced (acquisition costs)
Out of the five referenced standards, two standards must be purchased at a combined cost of $265 per employer for all employers under federal jurisdiction, including the federal public service. The remaining three standards can be acquired for free online. This is displayed in Table 1 below.
The Regulations will transition four references from static to ambulatory and will update the reference to a fifth standard. This transition is not expected to result in additional costs to employers over the 10-year analytical period. Furthermore, the remaining four standards referenced are updated infrequently, occurring less than once a decade, thus any costs associated with future revisions will not be accounted for within the 10-year analytical period. The National Plumbing Code is updated every 5 years, is free to acquire and is available in French, therefore there will be no additional costs to acquiring or translating this standard.
| Updated standards referenced | Acquisition costs per employer |
|---|---|
| National Plumbing Code (2020) | $0 |
| ANSI/PSAI Z4.3-2016, Sanitation - Nonsewered Waste-Disposal Systems - Minimum Requirements (2016) | $0 |
| Guidelines for Canadian Drinking Water Quality - Summary Table (2022) | $0 |
| ARI 1010-2002 Self Contained, Mechanically Refrigerated Drinking-Water Coolers (2002) | $40 |
| CSA Standard Z240 MH SERIES-16 (R2021), Manufactured homes (2021) | $225 |
| Total acquisition costs | $265 |
The analysis used the predefined list of the North American Industry Classification System (NAICS) covering industry groups identified by the 2022 Survey of Employees under Federal Jurisdiction (SEFJ) and the 2015 Federal Jurisdiction Workplace Survey (FJWS), as being industries under federal jurisdiction.
Using December 2022 Canadian Business Counts data from Statistics Canadafootnote 14, the analysis estimated the total number of private-sector employers under federal jurisdiction which are expected to incur costs to acquire the standards referenced.
Using the total number of private-sector employers under federal jurisdiction for the purpose of this costing may lead to an overestimation of the costs because it is likely that several employers already have access to these standards.
While the federally regulated private sectors encompass a diverse range of industries and workplaces including most federal crown corporations and First Nations band councilsfootnote 15, these industries are not incorporated into the analysis due to their absence in the data, and consequently, they are not represented in the figures presented below.
Furthermore, to analyze the cost to the federal public service, the analysis used the Inventory of Federal Organizations and Interests from the GC InfoBase websitefootnote 16 to determine the number of departments and agencies under the federal public service. The inventory listed 72 organizations in the core public administration and 24 organizations as separate agencies. This totals 96 departments and agencies in the federal public service.
The analysis assumes that each of the 96 departments and agencies under the federal public service will be responsible for acquiring and translating the updated standards. For the costing, all 96 departments and agencies will be displayed under the term “federal public service.” Lastly, the analysis assumes that the federal public service will acquire the standards in the first year when the Regulations come into force.
The costs for the 10-year analytical period are expressed in 2023 Canadian dollars and are discounted to 2024 at a discount rate of 7%.
The analysis assumed an employer count growth rate of 0.84% to estimate the number of employers per industry for the 10-year analytical period. This is displayed in the table below.
| Industry | Number of employers |
|---|---|
| Air transportation | 1 055 |
| Rail transportation | 62 |
| Road transportation | 15 396 |
| Maritime transportation | 538 |
| Postal and pipelines | 388 |
| Banks | 52 |
| Feed, flour, seed, and grain | 337 |
| Telecommunications and broadcasting | 1 295 |
| Other employers under federal jurisdiction table 2 note * | 617 |
| Federal public service table 2 note ** | 96 |
| Total | 19 740 |
Table 2 note(s)
|
|
The analysis estimated the present value (PV) acquisition costs per industry using the $265 acquisition cost multiplied by the estimated number of employers per industry. This estimation alongside the total PV acquisition cost is displayed in Table 3 below.
| Industry | Acquisition costs |
|---|---|
| Air transportation | $273,982 |
| Rail transportation | $16,168 |
| Road transportation | $3,997,565 |
| Maritime transportation | $139,771 |
| Postal and pipelines | $100,713 |
| Banks | $13,375 |
| Feed, flour, seed, and grain | $87,563 |
| Telecommunications and broadcasting | $336,226 |
| Other employers under federal jurisdiction table 3 note * | $160,187 |
| Federal public service table 3 note ** | $25,440 |
| Total PV acquisition costs | $5,150,990 |
Table 3 note(s)
|
|
2. Costs for employers working in French to translate the English-only standards referenced (translation costs)
Out of the five standards referenced, three are available in both English and French at no cost; thus no translation costs were estimated for these. Two standards referenced are solely available in English and will require translation to French for employers who require it.
The analysis used online prices for translation costs in Canada. Prices ranged from $0.10 to $0.30 per word; thus, the analysis used the mid-point value of $0.20 per word for the translation costs.
To determine the translation cost per referenced standard, the analysis determined the number of words per standard and multiplied it by the assumed cost per word of $0.20. The total cost of translating the two English-only standards to French is estimated to be $953. This is outlined in table 4 below. This cost applies to all private-sector employers under federal jurisdiction and the federal public service. The analysis assumes that all employers will translate the standards in the first year of the Regulations coming into force. For private businesses under federal jurisdiction starting their operations in the 10-year analytical period, projections of new employers were made using a growth rate of 0.84% to estimate the costs of translation to these private businesses.
| Updated standards referenced | Translation costs per employer |
|---|---|
| National Plumbing Code (2020) | $0 |
| ANSI/PSAI Z4.3-2016, Sanitation - Nonsewered Waste-Disposal Systems - Minimum Requirements (2016) | $678 |
| Guidelines for Canadian Drinking Water Quality - Summary Table (2022) | $0 |
| ARI 1010-2002 Self Contained, Mechanically Refrigerated Drinking-Water Coolers (2002) | $275 |
| CSA Standard Z240 MH SERIES-16 (R2021), Manufactured homes (2021) | $0 |
| Translation costs | $953 |
To estimate the proportion of employers who will need translated standards, the Labour Program used data from Statistics Canada - Language of Work – usage of French in the workplacefootnote 17. This data estimates the proportion of employees, per province, working in French, and is used as a proxy to estimate how many employers, per province and industry, may seek to translate the standards.
The proportions used per industry and province are displayed in Table 5 below.
| Industry | New Brunswick | Quebec | Ontario | Other Provinces and Territories |
|---|---|---|---|---|
| Air transportation | 17.2% | 79.3% | 0.7% | 0.1% |
| Rail transportation | 17.2% | 79.3% | 0.7% | 0.1% |
| Road transportation | 17.2% | 79.3% | 0.7% | 0.1% |
| Maritime transportation | 17.2% | 79.3% | 0.7% | 0.1% |
| Postal and pipelines | 34.4% | 91.6% | 2% | 0.3% |
| Banks | 14.7% | 76.1% | 0.7% | 0.2% |
| Feed, flour, seed, and grain | 34.4% | 91.6% | 2% | 0.3% |
| Telecommunications and broadcasting | 14.7% | 76.1% | 0.7% | 0.2% |
| Other employers under federal jurisdiction table 5 note * | 22.1% | 82.3% | 1.13% | 0.2% |
Table 5 note(s)
|
||||
The analysis used the estimated number of employers from Table 2, the translation costs, and the proportion of usage of French in the workplace per province and industry, to estimate the PV costs to employers to translate the standards referenced, which is displayed in Table 6 below.
| Industry | Translation costs |
|---|---|
| Air transportation | $116,809 |
| Rail transportation | $15,686 |
| Road transportation | $2,771,801 |
| Maritime transportation | $90,362 |
| Postal and pipelines | $39,966 |
| Banks | $5,727 |
| Feed, flour, seed, and grain | $64,482 |
| Telecommunications and broadcasting | $192,076 |
| Other employers under federal jurisdiction table 6 note * | $87,428 |
| Federal public service table 6 note ** | $91,488 |
| Total PV translation costs | $3,475,824 |
Table 6 note(s)
|
|
The sum of the total PV acquisition costs and PV translation costs for employers for the 10-year analytical period is displayed in Table 7 below.
| Industry | Acquisition costs | Translation costs | Total costs |
|---|---|---|---|
| Air transportation | $273,982 | $116,809 | $390,791 |
| Rail transportation | $16,168 | $15,686 | $31,855 |
| Road transportation | $3,997,565 | $2,771,801 | $6,769,365 |
| Maritime transportation | $139,771 | $90,362 | $230,133 |
| Postal and pipelines | $100,713 | $39,966 | $140,679 |
| Banks | $13,375 | $5,727 | $19,102 |
| Feed, flour, seed, and grain | $87,563 | $64,482 | $152,045 |
| Telecommunications and broadcasting | $336,226 | $192,076 | $528,302 |
| Other employers under federal jurisdiction table 7 note * | $160,187 | $87,428 | $247,615 |
| Federal public service table 7 note ** | $25,440 | $91,488 | $116,928 |
| Total (PV) | $5,150,990 | $3,475,824 | $8,628,815 |
Table 7 note(s)
|
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3. Costs to the federal government for providing employers with information
The Labour Program consulted internally to determine the costs to the federal government for implementing the Regulations.
It is assumed that the Labour Program will publish information to notify employers on the changes to the Regulations and ensure understanding.
The Labour Program will produce information which will be developed within 3 months, by 0.2 of a full-time Labour Program employee earning an hourly wage of $52.00. Multiplying the 96.75 worked hours by the hourly wage rate results in $5,031. This will be a one-time cost in the first year of implementation.
For the enforcement of the Regulations, given that there are no new standards introduced, no additional resources are needed as the same resources that were enforcing the outdated standards will enforce the updated versions of those standards.
Finally, summing up the total PV costs of acquiring and translating the referenced standards, alongside the implementation costs of providing employers with information on the Regulations (costs to the federal government) for the 10-year analytical period is displayed in the table below.
| Description of cost | PV costs for all employers |
|---|---|
| Total acquisition costs | $5,150,990 |
| Total translation costs | $3,475,824 |
| Total costs to the federal government | $5,031 |
| TOTAL COSTS | $8,631,846 |
Cost-benefit statement
- Number of years: 10 (2024 – 2033)
- Base year for costing: 2023
- Present value base year: 2024
- Discount rate: 7%
| Impacted stakeholder | Description of cost | 2024 | 2025 - 2032 | 2033 | Total (present value) | Annualized value |
|---|---|---|---|---|---|---|
| All employers (employers under the federal jurisdiction & the federal public service) | Acquisition Costs | $4,877,855 | $249,640 | $23,495 | $5,150,990 | $733,385 |
| Translation Costs | $3,295,468 | $165,858 | $14,498 | $3,475,824 | $494,879 | |
| Federal government | Information Preparation Cost | $5,031 | $0 | $0 | $5,031 | $716 |
| All stakeholders | Total costs | $8,178,354 | $415,498 | $37,994 | $8,631,846 | $1,228,981 |
| Impacts | 2024 | 2025 - 2032 | 2033 | Total (present value) | Annualized value |
|---|---|---|---|---|---|
| Total costs | $8,178,354 | $415,498 | $37,994 | $8,631,846 | $1,228,981 |
| Total benefits | $0 | $0 | $0 | $0 | $0 |
| NET IMPACT | -$8,178,354 | -$415,498 | -$37,994 | -$8,631,846 | -$1,228,981 |
Small business lens
Analysis under the small business lens concluded that the Regulations will impact small businesses.
The analysis used the December 2022 Canadian Business Counts dataset from Statistics Canadafootnote 18, focusing on small businesses which employ 1 to 99 employees, to estimate the total number of small business employers under federal jurisdiction per industry who are expected to incur costs to acquire and/or translate the standards.
As the federal public service is not considered a business, it was not included in this analysis. Using the total number of small business employers for the purpose of this costing may lead to an overestimation of the costs because it is likely that several employers already have access to these standards.
The analysis used an assumed employer count growth rate of 0.84% to estimate the number of small business employers under the federal jurisdiction per industry for the 10-year analytical period, which is displayed in the table below.
| Industry | Number of small business employers |
|---|---|
| Air transportation | 975 |
| Rail transportation | 60 |
| Road transportation | 15 358 |
| Maritime transportation | 483 |
| Postal and pipelines | 339 |
| Banks | 39 |
| Feed, flour, seed, and grain | 318 |
| Telecommunications and broadcasting | 1 255 |
| Other employers under federal jurisdiction table 11 note * | 532 |
| Total | 19359 |
Table 11 note(s)
|
|
The costs for the 10-year analytical period are expressed in 2023 Canadian dollars and are discounted to 2024 at a discount rate of 7%.
The costs of the proposal can be divided into two categories:
- Costs for small business employers to acquire the standards referenced.
- Costs for small business employers working in French to translate the English-only standards referenced.
1. Costs for small business employers to acquire the standards referenced (acquisition costs)
The total cost to acquire two of the standards referenced for small business employers under federal jurisdiction is estimated to be $265 per employer, while the remaining referenced standards can be acquired for free online.
The analysis estimated the acquisition costs per industry using the $265 acquisition cost multiplied by the estimated number of small business employers under federal jurisdiction. This estimation is displayed in the table below.
| Industry | Acquisition costs |
|---|---|
| Air transportation | $252,929 |
| Rail transportation | $15,628 |
| Road transportation | $3,987,677 |
| Maritime transportation | $125,376 |
| Postal and pipelines | $87,357 |
| Banks | $10,081 |
| Feed, flour, seed, and grain | $81,967 |
| Telecommunications and broadcasting | $325,086 |
| Other employers under federal jurisdiction table 12 note * | $137,567 |
| Total (PV) | $5,023,669 |
Table 12 note(s)
|
|
2. Costs for small business employers working in French to translate the English-only standards referenced (translation costs)
The analysis used the estimated number of employers from Table 9, the translation costs, and the proportion of usage of French in the workplace per province and industry from Table 5, to estimate the costs to small business employers under federal jurisdiction to translate the standards referenced, which is displayed below.
| Industry | Translation costs |
|---|---|
| Air transportation | $104,597 |
| Rail transportation | $14,901 |
| Road transportation | $2,761,298 |
| Maritime transportation | $79,590 |
| Postal and pipelines | $32,842 |
| Banks | $3,772 |
| Feed, flour, seed, and grain | $59,766 |
| Telecommunications and broadcasting | $176,717 |
| Other employers under federal jurisdiction table 13 note * | $71,036 |
| Total (PV) | $3,304,519 |
Table 13 note(s)
|
|
Finally, the sum of the total acquisition costs and translation costs for small business employers under federal jurisdiction for the 10-year analytical period are displayed in the table below.
| Industry | Acquisition costs | Translation costs | Total costs |
|---|---|---|---|
| Air transportation | $252,929 | $104,597 | $357,527 |
| Rail transportation | $15,628 | $14,901 | $30,529 |
| Road transportation | $3,987,677 | $2,761,298 | $6,748,976 |
| Maritime transportation | $125,376 | $79,590 | $204,966 |
| Postal and pipelines | $87,357 | $32,842 | $120,198 |
| Banks | $10,081 | $3,772 | $13,853 |
| Feed, flour, seed, and grain | $81,967 | $59,766 | $141,733 |
| Telecommunications and broadcasting | $325,086 | $176,717 | $501,804 |
| Other employers under federal jurisdiction table 14 note * | $137,567 | $71,036 | $208,603 |
| Total PV | $5,023,669 | $3,304,519 | $8,328,189 |
Table 14 note(s)
|
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No newly created exemptions or phase in are being considered for small businesses. The industrial standards apply to all employers regardless of business size, and the purchase of two standards at a cost of $265 per employer is considered a minimal cost even for small businesses. These standards aim to protect the health and safety of employees over time, and as such no flexibility is being provided to small businesses for acquiring and understanding the content of these standards.
Small business lens summary
- Number of small businesses impacted: 19 359
- Number of years: 10 (2024 to 2033)
- Base year for costing: 2023
- Present value base year: 2024
- Discount rate: 7%
| Activity | Annualized value | Present value |
|---|---|---|
| Acquisition Costs | $715,257 | $5,023,669 |
| Translation Costs | $470,489 | $3,304,519 |
| Total compliance cost | $1,185,747 | $8,328,189 |
| Activity | Annualized value | Present value |
|---|---|---|
| Total administrative cost | $0 | $0 |
| Totals | Annualized value | Present value |
|---|---|---|
| Total cost (all impacted small businesses) | $1,185,747 | $8,328,189 |
| Cost per impacted small business | $61 | $430 |
One-for-one rule
The one-for-one rule does not apply, as there is no incremental change in administrative burden on businesses.
Regulatory cooperation and alignment
While the regulatory amendments for the counting of all toilets are not part of a formal regulatory cooperation plan with any foreign regulator, the change will further align with the National Building Code which is expected to be updated and published in 2025. A scan was conducted to identify other jurisdictions with current policies in place for recognizing all toilets as fulfilling requirements under the regulations.
Provincial/territorial jurisdiction
The building codes and OHS regulations of every province and territory were researched and analyzed as part of this regulatory package. A majority of provinces and territories have OHS requirements and building codes that are either very similar to, or a direct adoption of federal requirements. When it comes to requiring toilet stalls, all but two provinces require a minimum number of stalls assigned to each sex in situations the same or similar to where they are required in the federal jurisdiction under COHSR. Manitoba and Ontario allow the substitution of a universal single user washroom (i.e. accessible and all-gendered) in place of sex-specific toilets on a one for one basis. Quebec’s building code does not require any toilet stalls to be provided according to sex, but its OHS regulations do in some types of building depending on the industry.
International jurisdictions
In addition to the Canadian provinces and territories, an international jurisdictional scan of the United States, Australia, New Zealand, Ireland, and the United Kingdom was conducted. Every jurisdiction studied except the United Kingdom has some form of regulations requiring sex-specific toilet stalls depending on workplace size and industry, although most allow all-gender toilet rooms in workplaces below a set number of employees (as does Canada for workplaces with fewer than 10 employees). Currently, only the United Kingdom has fully eliminated all forms of sex-specific toilets rooms requirements. Ireland only requires sex-specific toilet rooms in workplaces with over 100 employees.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required, as there are no broader environmental impacts.
Gender-based analysis plus
A gender-based analysis plus (GBA+) assessment was conducted as part of the development of the amendments.
Counting all toilets, including toilets in all-gender toilet rooms and removing male pronouns in sanitation provisions of the English version of the COHSR could positively impact all employees, including employees who identify as part of the 2SLGBTQI+ community. Below, the impacts are discussed and analyzed based on diverse attributes of employees.
Gender/gender identity
Counting all toilets
Removing the disincentive that keeps employers from modernizing toilet rooms in their workplace will encourage employers to offer all-gender toilet rooms. A gender-inclusive approach will allow employees to make choices based on their individual needs, while also cultivating safe spaces to ensure the needs of individuals of all genders are acknowledged and affirmed.footnote 19 To the extent that the Regulations encourage employers to provide more all-gender toilet rooms, this is likely to benefit individuals in the 2SLGBTQI+ community and for example that transgender, gender non-binary and intersex individuals feel safe to use the toilet room and not have to disclose how they identify.
Updating language
The English version of the COHSR uses male pronouns when referring to the employer or employee, despite the fact that women are almost half of the federally regulated private sector workforce and over half of the federally regulated public service.footnote 11 is a significant level of importance on writing more inclusively to help promote equity and the equal participation of all members of society, which ensures people feel respected, understood and representfootnote 13 Revising language by removing masculine pronouns in the English version of the COHSR and using gender-neutral language will work towards ensuring individuals are not discriminated against based on their sex, social gender, or gender identity.
Implementation, compliance and enforcement, and service standards
Implementation
The Regulations will come into force six months after the day on which they are registered. The Labour Program is committed to providing information to employers regarding the updates to the regulations, such as illustrating how an employer can now count toilets in all-gender toilet rooms towards the total count of toilets required.
Compliance and enforcement
Compliance with the amendments will be achieved using a variety of existing approaches along a compliance continuum.
Designated occupational health and safety violations are listed and classified under Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations [AMPs Regulations]. When amendments are made to Part II of the Code or its associated regulations, Schedule 1 of the AMPs Regulations must also be amended to reflect any updates and repeals to obligations or provisions.
The AMPs Regulations specify the method used to determine the amount of an administrative monetary penalty in a given situation when issuing the notice of violation. The baseline penalty amount applicable to a violation varies depending on the type of person or department believed to have committed a violation and the classification of the violation.footnote 20 Each designated violation is classified as either Type A, B, C, D or E, in order of increasing severity, according to the level of risk and/or the impact and significance of the violation as outlined in Table 7.
If an employee believes there is a contravention of the Code and/or its regulations at their workplace, the employee may make a complaint to their employer/supervisor who must work to address the employee’s concerns. Complaints can be made under Part II of the Code to a health and safety officer at the Labour Program only if the internal complaint resolution process has been followed and has not been successful in resolving the matter. For more information, please see the Internal complaint resolution process on the Canada.ca website.
| TYPE | PART II |
|---|---|
| A | Related to administrative and technical provisions. |
| B | Related to low-risk hazards that may result in a minor injury or illness that requires medical treatment but that do not result in disabling injuries. |
| C | Related to medium-risk hazards that may result in a serious injury or illness that prevents an employee from effectively performing their regular work duties. |
| D | Related to high-risk hazards that may result in serious injury or fatality. |
| E | Involves immediate life-threatening hazards or hazards known to cause latent occupational disease. These hazards give the employee little to no opportunity to avoid or minimize severe injury or death or occupational disease. |
Contact
Marie-France Sanschagrin
Acting Senior Director
Workplace Directorate
Labour Program
Employment and Social Development Canada
165 De l’Hôtel-de-Ville Street
Place du Portage, Phase II, 10th Floor
Gatineau, Quebec
J8X 3X2
Email: EDSC.LAB.SST.POLITIQUES-LAB.OHS.POLICY.ESDC@hrsdc-rhdcc.gc.ca