All-gender toilets in federally regulated workplaces
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Inclusion of all-gender toilets
As of December 1, 2024, regulatory amendments to the sanitation provisions in the Canada Occupational Health and Safety Regulations (Regulations) came into force. The amendments enable employers to count all toilets, including toilets in all-gender toilet rooms, toward the total number of toilets required in federally regulated workplaces.
Although there is no obligation within the regulations to provide all-gender toilets in workplaces, employers are encouraged to take a proactive approach in offering all-gender toilets.
While the updated Regulations provide greater flexibility regarding all-gender toilets, employers must still comply with other health and safety requirements, including ensuring access to menstrual products.
Importance of all-gender toilets
An all-gender toilet room is a facility that does not have gender-specific signage and can be used by a person of any gender. It may be a single-user or multi-user toilet room and can include toilet compartments (stalls).
Employees have diverse needs when it comes to accessing toilets at work, as they may identify as women, men, non-binary, transgender, or gender diverse.
All-gender toilets are crucial in ensuring that all employees feel included and safe in the workplace.
Employers are encouraged to foster an inclusive and safe environment by promoting gender equity and supporting employees in using the toilet of their choice.
Counting all-gender toilets
Employers are required to provide toilets in the workplace for all employees. The number of toilets needed is determined by the total number of employees of each sex as outlined in the Regulations.
The following table outlines the required number of toilets based on the maximum number of employees and their sex who are typically employed at any one time in the workplace.
| Number of Employees of Each Sex | Number of Toilets for Each Sex |
|---|---|
| 1-9 | 1 |
| 10-24 | 2 |
| 25-49 | 3 |
| 50-74 | 4 |
| 75-100 | 5 |
| Over 100 | 5 toilets and 1 additional toilet for every 30 employees over 100. |
Applying all-gender toilet provisions
As of December 1, 2024, a toilet that is required to be provided by the employer may now include an all-gender toilet room. This gives the employer the option to count an all-gender toilet toward the total number of toilets required in the workplace. Previously an all-gender toilet was not included in the total number of toilets required.
While the structure of toilet rooms can vary, the following examples illustrate how to apply the provisions to promote gender equity and inclusion.
In both examples it is important to note that identifying a toilet all-gender does not increase or reduce the number of required toilets. Once a toilet is identified as all-gender, it can be accessed by any person. Therefore, that toilet would still count towards the total toilet requirements.
Example: A workplace with less than 9 employees is required to provide:
- 1 toilet for all employees
In this situation, the employer could identify the required toilet as an all-gender toilet. This allows the employer to count the all-gender toilet in the required total.
By identifying a single toilet or a toilet room as all-gender, the employer is promoting gender equity and inclusion and remains compliant with the provisions.
Example: A workplace with 75 to 100 employees of each sex is required to provide:
- 5 toilets for females and 5 toilets for males, for a total of 10 toilets
While the requirements for the total number of toilets do not change, how the total is counted to include an all-gender toilet has changed.
In this situation, the employer could identify a toilet(s) in a toilet room(s) as an all-gender toilet(s) in the following manner:
- 1 or more of the 5 female-designated toilets may be located in a separate, all-gender toilet room accessible to all employees.
- 1 or more of the 5 male-designated toilets (without urinals) may be located in a separate, all-gender toilet room accessible to all employees.
This allows the employer to count any identified all-gender toilet(s) toward the required total of 10 toilets. By identifying a single toilet or a toilet room as all-gender, the employer is promoting gender equity and inclusion and remains compliant with the provisions.
It is important to note that an all-gender toilet in this example cannot be in a toilet room that contains a urinal. Urinals can only be counted in male toilets and are not considered an all-gender toilet. Employers can substitute urinals for up to two-thirds of the total required toilets in male toilet rooms.
List of definitions
- “All-gender toilet”
- means a toilet or toilet room that welcomes people of all genders and gender identities.
- “Toilet compartment (stall)”
- means a single compartment within a toilet room that contains more than one toilet, where each toilet is enclosed in a separate compartment (stall) and is fitted with a door and an inside locking device.
- “Toilet room”
- means a room containing a toilet or urinal. A toilet room can be the entire room if only one toilet is present, or a larger room containing multiple compartments (stalls).
- “Sex”
- refers to biological characteristics, such as male, female or intersex.
Contact us
For more information or questions, workplace parties can contact the Labour Program at 1-800-641-4049.