Mandatory retirement banned in Ontario (Legal view)

What employers with workers in Ontario need to know about the changes
By Joe Morrison
|Canadian HR Reporter|Last Updated: 12/19/2006

Mandatory retirement is now illegal in Ontario. On Dec. 12, Bill 211, the Ending Mandatory Retirement Statute Law Amendment Act, 2005, came into force, effectively putting an end to the practice of requiring employees to retire at age 65.

Ontario’s Human Rights Code previously permitted age-based discrimination in employment with respect to employees who are younger than 18 or older than 65. Bill 211, which was introduced in the summer of 2005, was proposed to end the practice of mandatory retirement in Ontario “while not undermining existing pension, benefit and early retirement rights.”

Bill 211 amended the definition of “age” for the purposes of age discrimination by removing the upper limit of age 65 in the code; however, it did not remove this upper age limit with respect to benefit and pension plans under the Employment Standards Act, 2000 (ESA) and regulations.