Mandatory Retirement

Effective January 1, 2008, B.C.'s human rights legislation was amended to prohibit the practice of mandatory retirement.  See the BC Ministry of Justice  for information and FAQ materials. 

  B.C.

In 2008 the Government of BC changed the Human Rights Code and eliminated the section which allowed employers to force mandatory retirement on workers. That means that workers have a choice in deciding how long they want to work. As workers age they must still be able to do the essential aspects of their job. Some jobs such as fireman and pilot assume that the worker wont be able to the job beyond a certain age. The law around these kind of jobs and mandatory retirement is being challenged in the Courts.

The BC Human Rights Code does allow for some kinds of discrimination based upon retirement age. So although an employer may no longer fire you at retirement age, they may be able to treat an older worker differently with respect to the operation of a bona fide retirement, superannuation or pension plan or to a bona fide group or employee insurance plan, whether or not the plan is the subject of a contract of insurance between an insurer and an employer.