Working overtime: mandatory retirement in Canada.

• Author: Fitzgerald, Leah
• Position: Feature Report on Older Adults and the Law

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While some of us dream of "Freedom 55", there are others who can't imagine giving up their careers based on an arbitrary age of retirement, and believe retirement should be a choice, not a given. However, mandatory retirement does exist in Canada, in one form or another, and whether you are forced to retire, and when, may depend on where you live.

Legislation Across Canada

There are actually no laws in Canada that force a person to retire. Indeed, the federal and most provincial governments have prohibited age discrimination in their human rights legislation. So, how do mandatory retirement policies exist at all?

Federally

Civil servants who work for the federal government cannot be forced to retire. However, for non-civil servants who work for an employer within a federally regulated industry, an exception is permitted at the normal age of retirement for employees working in similar positions, therefore allowing mandatory retirement.

Quebec and Manitoba

Since 1982, Quebec's legislation has provided that employees could work as long as they wanted to, regardless of the practice of the employer relevant to persons their age, or the terms and conditions of a retirement plan.

Manitoba has also prohibited mandatory retirement since 1983, with no exceptions for retirement or pension plans or collective agreements. However, there are legislated exceptions for the University of Manitoba and Brandon University to enter into collective agreements that impose mandatory retirement after age 65.

Alberta

Alberta prohibits against age discrimination, but allows mandatory retirement for reasonable and justifiable circumstances, (which may include the consideration of the existence of a policy in collective agreements), or if it is in a bona fide retirement or pension plan, or if it is a "bona fide occupational requirement", or BFOR.

A BFOR is an employment condition that discriminates on a prohibited ground, such as age, but is allowed because of the nature of the employment.

Nova Scotia

Nova Scotia public servants cannot be forced to retire. However, outside of the public service, Nova Scotia allows age discrimination if it is in a bona fide retirement or pension plan, or within the terms or conditions of a bona fide group or employee insurance plan.

Interestingly, the Nova Scotia Human Rights Act also provides that the express prohibition against age discrimination does not apply to prevent a bona fide plan, scheme, or practice of...