Has Mandatory Retirement been Banned Across Canada?

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The answer to this question is, surprisingly, not clear. For Ontario, Quebec, Manitoba and the Yukon, the provincial human rights legislation treats mandatory retirement as age discrimination regardless of what age it is imposed at. Federally, an amendment to the Canadian Human Rights Act will abolish mandatory retirement as of December 15, 2012 by way of Bill C-13.

It is in the other provinces and territories where the answer is more complicated. Although all of these other jurisdictions prohibit discrimination on the basis of age and, therefore, make mandatory retirement illegal by defining it as age discrimination, all have some stated exceptions. New Brunswick human rights legislation allows mandatory retirement where the terms or conditions of any bona fide retirement or pension plan provide for it. Saskatchewan, British Columbia, Alberta, Prince Edward Island, Nunavut and the Northwest Territories legislation provide an exception for the operation of a bona fide/genuine/good faith retirement or pension plan. Nova Scotia legislation provides an exception for the operation of a bona fide pension plan.

Please see full article below for more information.

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Topics:  Age Discrimination, Retirement

Published In: Administrative Agency Updates, Civil Rights Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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