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Canada Occupational Health and Safety Regulations

Version of section 9.12 from 2019-06-25 to 2022-07-25:

  •  (1) If feasible, a toilet room shall be provided for employees and, subject to section 9.13, 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) 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 by him at any one time at the same work place as follows:

    • (a) where the number of such employees does not exceed nine, one toilet;

    • (b) where the number of such employees exceeds nine but does not exceed 24, two toilets;

    • (c) where the number of such employees exceeds 24 but does not exceed 49, three toilets;

    • (d) where the number of such employees exceeds 49 but does not exceed 74, four toilets;

    • (e) where the number of such employees exceeds 74 but does not exceed 100, five toilets; and

    • (f) where the number of such employees exceeds 100, five toilets and one toilet for every 30 such employees or portion of that number in excess of 100.

  • (3) Subject to subsection (4), where the class of employment in a work place is the transaction of business or the rendering of professional or personal services, the number of toilets provided by the employer in accordance with subsection (2) may be reduced

    • (a) where the number of employees of each sex does not exceed 25, to one toilet;

    • (b) where the number of employees of each sex exceeds 25 but does not exceed 50, to two toilets; and

    • (c) where the number of employees of each sex exceeds 50, to three toilets and one toilet for every 50 employees or portion of that number in excess of 50.

  • (4) An employer may substitute urinals for up to two-thirds of the number of toilets required by subsection (2) or (3) to be provided for male employees.

  • (5) For the purposes of subsections (2) and (3), an employee who is normally away from his work place for more than 75 per cent of his working time and does not normally use the toilet room in the work place shall not be counted.

  • (6) If feasible, toilet rooms and wash basins separate from those used by other employees shall be provided for food handlers.

  • SOR/88-632, s. 29(F)
  • SOR/2019-246, s. 45(E)
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