Worldwide, many persons who menstruate experience period poverty – a lack of access to menstrual products, adequate menstrual health education and hygiene and waste management facilities. Menstrual equity aims to provide all persons who menstruate with equal and inclusive access to menstrual products, in addition to barrier-free sexual and reproductive health and rights education in a stigma-free society.
This HillNote provides an overview of the world’s first national legislation on the provision of free menstrual products, enacted in Scotland in 2021, and examines recent Canadian initiatives to improve menstrual equity.
Provision of Free Menstrual Products in Scotland
In January 2021, Scotland enacted the Period Products (Free Provision) (Scotland) Act 2021, making it the first country in the world to provide free menstrual products to all persons who need them. The Act requires local authorities and education providers to offer free period products.
The Scottish Government prepared a financial memorandum that estimated total costs of the initiative, based on the 2019 population of 1,579,882 women and girls aged between 11 and 55 years in Scotland.
According to this estimate:
- total costs to the Scottish Administration in 2022-2023 were estimated to be £8.7 million (approximately C$14.8 million); and
- if uptake increases over the first five years of the program, the total estimated costs could increase to £16.6 million (approximately C$28.3 million) in 2026-2027.
As the Act came into force in 2022, the Scottish Government launched PickupMyPeriod, a mobile app identifying locations of free menstrual products across Scotland.
Period Poverty in Canada
Canadians also have issues with period poverty, as shown in Figure 1 below.
Figure 1 – Period Poverty in Canada
Sources: Figure prepared by the Library of Parliament with data obtained from Always and Plan International Canada, Let’s Talk Periods! Menstrual Health and Hygiene in Canada, 2020; Environics Research, Attitudes and Awareness of Menstrual Equity and Period Poverty Among Canadians, Executive Summary, prepared for Women and Gender Equality Canada, 31 March 2023; and Leger and Plan International Canada, The Hidden Cost of Periods: A Canadian Perspective, 19 May 2023.
Efforts to address period poverty will require improving access to menstrual products and to quality education and information for the whole population, whether menstruating or not.
Provincial Initiatives to Improve Access to Menstrual Products
The provinces have general jurisdiction over health care, including hospitals, the health care delivery system, the medical profession and the practice of medicine. Parliament has exercised its jurisdiction in health-related matters through its criminal law power and the federal spending power.
Initiatives to provide access to free menstrual products in Canada have been introduced by provinces and municipalities. For example, British Columbia, Manitoba, Newfoundland and Labrador, Nova Scotia and Ontario provide free menstrual products in schools, while New Brunswick provides free menstrual products in libraries.
Parliamentary Initiatives to Improve Access to Menstrual Products
Between 2004 and 2011, four private members’ bills that sought to amend the Excise Tax Act to exempt menstrual products from the goods and services tax (GST) were introduced in Parliament. The bills all died on the Order Paper.
In 2015, a motion on the subject was brought forward by Irene Mathyssen, Member of Parliament for London–Fanshawe:
That, in the opinion of the House, the government should remove the GST from feminine hygiene products.
The motion received unanimous support and was adopted by the House of Commons.
In June 2016, Parliament passed legislation that contained a section responding to the 2015 motion calling for the exemption of menstrual products from GST.
Schedule VI of the Excise Tax Act was amended to add the following to the list of GST/HST zero-rated products:
A supply of a product that is marketed exclusively for feminine hygiene purposes and is a sanitary napkin, tampon, sanitary belt, menstrual cup or other similar product.
Provision of Free Menstrual Products in All Federally Regulated Workplaces
In 2019, the Government of Canada published a Notice of Intent in the Canada Gazette seeking feedback on the possibility of providing free menstrual products in federally regulated workplaces.
At the time, concerns expressed in the What We Heard report were regarding:
- the impact of disposable products like pads and tampons on the environment (some jurisdictions address this by providing free reusable menstrual products, such as menstrual cups);
- the safety and quality of products provided;
- the ability for all employees to access products with equity, safety and comfort; and
- the cost to the federal government.
That report was followed by various rounds of public consultation and, by the time proposed regulations were published in October 2022, “stakeholders indicated that the initiative has benefited from the passage of time since first being consulted in 2019, and a consensus now exists.”
On 10 May 2023, the Minister of Labour announced the Regulations Amending Certain Regulations Made Under the Canada Labour Code (Menstrual Products), requiring that in all federally regulated workplaces, the employer provide menstrual products “including clean and hygienic tampons and menstrual pads” in each “toilet room” (considered to be a toilet stall or single-occupancy washroom), in addition to a covered disposal container. The regulations came into force on 15 December 2023.
The accompanying Regulatory Impact Analysis Statement reported that from 2024 to 2033, the estimated net cost of this initiative would be $49.3 million. In addition to monetary benefits, menstruating employees may experience a reduction in anxiety and absenteeism, increased productivity and better health and safety. The gender-based analysis plus emphasized that ensuring menstrual products and covered disposal containers are provided in all toilet rooms (not just women’s washrooms) would support all menstruating persons, regardless of their gender expression. The analysis found that these regulations will particularly support menstruating employees in rural and remote areas of Canada, or those with a lower income.
Towards Menstrual Equity
While reducing barriers to menstrual products will help reduce some of the effects of period poverty, improving education and reducing stigma also play an essential role. A literature review on period poverty found that ignorance about menstruation is the main cause of negative perceptions resulting in stigma, especially when information provision is segregated by gender. Stigma can be reduced through discussion, with research showing that young menstruators feel more supported and confident and less awkward accessing menstrual products and care in households where menstruation is openly discussed.
In 2023, the House of Commons Standing Committee on the Status of Women studied menstrual equity in Canada, resulting in a report that made 11 recommendations to the federal government. The report concluded that the diversity of menstruators precludes any “one-size-fits-all” solution. All facets of period poverty must be addressed to achieve the goal of making menstruation as safe and normalized as any other necessary bodily function.
The Menstrual Equity Fund Pilot
In Budget 2022, the Government of Canada committed $25 million over two years to Women and Gender Equality Canada for the development of a Menstrual Equity Fund Pilot “to address the barriers related to affordability and stigma that some Canadians face when accessing menstrual products.” In September 2023, it was announced that Food Banks Canada would receive $17.9 million to work with grassroots organizations serving low-income populations to test various methods of distributing menstrual products and advancing education and awareness.
Figure 2 provides information about menstruation in Canada.
Figure 2 – Overview of Menstruation in Canada
Sources: Figure prepared by the Library of Parliament with data obtained from Anna Maria van Eijk et al., “Menstrual cup use, leakage, acceptability, safety, and availability: a systematic review and meta-analysis,” Lancet Public Health, Vol. 4, 2019; Kristen Upson, Jenni Shearston and Marianthi-Anna Kioumourtzoglou, “Menstrual products as a source of environmental chemical exposure: A review from the epidemiologic perspective,” Current Environmental Health Reports, Vol. 9, No. 1, 17 March 2022; L.A.G. Blair, Y. Bajón-Fernández and R. Villa, “An exploratory study of the impact and potential of menstrual hygiene management waste in the UK,” Cleaner Engineering and Technology, 15 February 2022; Megan E. Harrison and Nichole Tyson, “Menstruation: Environmental impact and need for global health equity,” International Journal of Gynecology & Obstetrics, Vol. 160, No. 2, 4 July 2022; Statistics Canada, “Table 98-10-0020-01: Age (in single years), average age and median age and gender – Canada, provinces and territories, census metropolitan areas and census agglomerations with parts,” Database, accessed 1 December 2023; and Vanora D’Sa, “Period Poverty in Canada and around the Globe,” Canadian Public Health Association, 25 June 2019.
Additional Resources
Geng, Caitlin, and Katie Yockey. “What to know about period poverty.” Medical News Today, 16 September 2021.
Sacca, Lea. “Editorial: Period poverty.” Frontiers in Reproductive Health. Vol. 5, 2023.
United Way of the Lower Mainland. Free menstrual products for people in need: United Way Period Promise Research Project Final Report. January 2021.
The World Bank. Menstrual Health and Hygiene. Brief, 12 May 2022.
United Nations Populations Fund. Menstruation and human rights – Frequently asked questions. May 2022.
By Laura Blackmore, Library of Parliament
Categories: Social affairs and population