Mandatory Retirement at Age 65

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Getting Ready: Managing the End of Mandatory Retirement in Ontario

Here’s an interesting article over on the Osler Site that I have been saving here in my “drafts” for many months .. CLICK HERE .. it’s about Ontario’s mandate to outlaw mandatory retirement at age 65. The law was to come into effect in the upcoming weeks on December 12, 2006.

I thought I would post some information from our favorite Big Brother website .. Canada Revenue Agency! Or more particularly, the Human Resources and Social Development Canada Site – part of the Government of Canada

I should mention – that if this topic concerns you and/or your retirement .. I can’t stress enough to not rely on information that you find on the internet – and instead suggest you pick up a phone and talk to someone at the HRSDC office

In Canada, labour laws do not specify the retirement age for employees, except in the case of some professions such as airline pilots, military personnel, judges and firefighters. Forcing an employee to retire because of age is an issue covered by human rights acts.

The provisions covering mandatory retirement vary from one jurisdiction to another. In the Canadian Human Rights Act, the termination of an individual’s employment because he or she has reached the normal retirement age for workers in the same occupation is not seen as discriminatory.

In six provinces, mandatory retirement after age 65 is allowed, with some exceptions. These provinces are British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario and Saskatchewan.

In the other four provinces and the three territories, mandatory retirement at any age is viewed as discriminatory. These are Alberta, Manitoba, Prince Edward Island and Quebec, as well as Northwest Territories, Nunavut, and Yukon.

The following table outlines the provisions that apply under federal, provincial or territorial jurisdiction.

Jurisdiction – Provisions governing mandatory retirement age

* Canada – Mandatory retirement is not a discriminatory practice when a person has reached the normal retirement age for employees performing the same type of work. Consequently, in that case, the Act allows for mandatory retirement.

* Alberta – Mandatory retirement constitutes a discriminatory measure for employers under the jurisdiction of this province.

* British Columbia – Older employees are protected until the age of 65 against discrimination based on age. Consequently, employees aged 65 or over cannot file a complaint if they are obliged to retire for that reason.

* Manitoba – Mandatory retirement constitutes a discriminatory measure for employers under the jurisdiction of this province.

New Brunswick – Termination of employment provided for in a retirement or pension plan does not constitute a discriminatory measure. In the absence of such a plan, however, employees who are obliged to retire may file a complaint for discrimination based on age, under the legislation on human rights.

* Newfoundland and Labrador – Termination of employment provided for in a retirement or pension plan does not constitute a discriminatory measure. In the absence of such a plan, however, employees who are obliged to retire may file a complaint for discrimination based on age. They may use this recourse until the age of 65.

* Northwest Territories – Mandatory retirement constitutes a discriminatory measure for employers under the jurisdiction of this territory.

* Nova Scotia – Mandatory retirement at age 65 does not constitute a discriminatory measure if it is standard in the workplace in question. However, the Human Rights Commission of this province investigates when an employee aged 65 or over is not treated in the same manner as others of the same age where retirement is concerned.

* Nunavut – Mandatory retirement constitutes a discriminatory measure for employers under the jurisdiction of this territory.

* Ontario – Older employees are protected against age-based discrimination up to the age of 65. Consequently, employees aged 65 or over cannot file a complaint if they are obliged to retire for this reason.

* Prince Edward Island – Mandatory retirement constitutes a discriminatory measure for employers under the jurisdiction of this province.

* Quebec – Mandatory retirement constitutes a form of discrimination according to the Charter of Human Rights and Freedoms and, more explicitly, is forbidden by the Act Respecting Labour Standards.

* Saskatchewan – Older employees are protected against age-based discrimination up to the age of 65. Consequently, employees aged 65 or over cannot file a complaint if they are obliged to retire for this reason.

* Yukon – Mandatory retirement constitutes a discriminatory measure for employers under the jurisdiction of this territory.

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Source: Human Resources and Social Development Canada

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