CARP calls for elimination of age discrimination in pension plans

For further information, please contact:

Michelle Taylor, Communications Coordinator- CARP 416.363.2277 x.236

Susan Eng, VP Advocacy- CARP 416.363.2277 x.226

Human Rights Codes with exemption for bona fide pension plan

Only Manitoba and Yukon Territory do not have such provisions. Ontario prohibits age discrimination in its pension plans.

Alberta, HUMAN RIGHTS, CITIZENSHIP AND MULTICULTURALISM ACT

Discrimination re employment practices

7(1) No employer shall

(a) refuse to employ or refuse to continue to employ any person, or

(b) discriminate against any person with regard to employment or any term or condition of employment,

because of the race, religious beliefs, colour, gender, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income or family status of that person or of any other person.

(2) Subsection (1) as it relates to age and marital status does not affect the operation of any bona fide retirement or pension plan or the terms or conditions of any bona fide group or employee insurance plan.

(3) Subsection (1) does not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement.

BC Human Rights Code

Section 13

(3) Subsection (1) does not apply

(a) as it relates to age, to a bona fide scheme based on seniority, or

(b) as it relates to marital status, physical or mental disability, sex or age, to the operation of a bona fide retirement, superannuation or pension plan or to a bona fide group or employee insurance plan.

(4) Subsections (1) and (2) do not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement.

Saskatchewan, Human Rights Code

Discrimination prohibited in employment

16(1) No employer shall refuse to employ or continue to employ or otherwise discriminate against any person or class of persons with respect to employment, or any term of employment, on the basis of a prohibited ground. (2) No employee shall discriminate against another employee on the basis of a prohibited ground. (3) No employment agency shall discriminate against any person or class of persons in receiving, classifying, disposing of or otherwise acting on applications for the agency’s service or in referring an applicant or applicants to an employer or anyone acting on an employer’s behalf on the basis of a prohibited ground. (3.1) No employer shall use, in the hiring or recruitment of persons for employment, an employment agency that discriminates against any person or class of persons seeking employment on the basis of a prohibited ground. (4) No provision of this section relating to age prohibits the operation of any term of a bona fide retirement, superannuation or pension plan, or any terms or conditions of any bona fide group or employee insurance plan, or of any bona fide scheme based upon seniority.

(7) The provisions of this section relating to any discrimination, limitation,

specification or preference for a position or employment based on sex, disability or

age do not apply where sex, ability or age is a reasonable occupational qualification