BILL NO. 163
1st Session, 60th General Assembly
56 Elizabeth II, 2007
An Act Respecting the Elimination
of Mandatory Retirement
The Honourable Mark Parent
Minister of Environment and Labour
First Reading: March 29, 2007
Second Reading: April 3, 2007
Third Reading: April 12, 2007 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Clause 1 amends the Human Rights Act to provide that a denial, refusal or other form of alleged discrimination that is based on a bona fide occupational requirement is not prohibited, and removes exceptions from the Act relating to retirement plans and plans, schemes or practices of mandatory retirement.
Clause 2 amends the Act to provide that the prohibitions of discrimination in Section 5 of the Act do not prohibit a term of office based upon age if required by any Act or regulation.
Clause 3 amends a provision in the Labour Standards Code, that permits termination of employment without notice or payment of statutory minimum amounts in lieu of notice where the employee had reached the age of retirement according to the employer's established practice, to provide instead that the termination is permitted where the employee reaches the age of retirement based on a bona fide occupational requirement for the employee's position.
Clause 4 provides that the Act comes into force one year after it receives Royal Assent upon proclamation.
1 Section 6 of Chapter 214 of the Revised Statutes, 1989, the Human Rights Act, as enacted by Chapter 12 of the Acts of 1991, is amended by
2 Chapter 214, as amended by Chapter 12 of the Acts of 1991, is further amended by adding immediately after Section 6, the following Section:
3 Clause 72(3)(f) of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, is amended by striking out "according to the established practice of the employer" in the second and third lines and substituting "established by the employer on the basis of a bona fide occupational requirement for the position in which that person is employed".
4 This Act has effect one year after this Act receives Royal Assent upon the Governor in Council so ordering and declaring by proclamation.
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