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Ending Mandatory Retirement Statute Law Amendment Act, 2005, S.O. 2005, c. 29 - Bill 211

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EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 211 and does not form part of the law.  Bill 211 has been enacted as Chapter 29 of the Statutes of Ontario, 2005.

Subsection 1 (1) of the Bill amends the definition of “age” in section 10 of the Human Rights Code.  The previous definition had the effect of permitting discrimination in employment because of age, including mandatory retirement, where the age is 65 years or more.  Subsections 1 (2) and (3) amend section 24 of the Code to provide that mandatory retirement ages for judges, masters, case management masters and justices of the peace are not affected.  Subsection 1 (5) clarifies the application of subsection 25 (2) of the Code.

Sections 2 to 6 of the Bill amend or repeal provisions of other Acts that require persons to retire at a certain age.

Section 7 of the Bill amends the Workplace Safety and Insurance Act, 1997 to provide that that Act and the regulations under it, and decisions and policies under that Act and regulations, that require or authorize a distinction because of age continue to apply.

Section 8 of the Bill provides that the Bill, with the exception of section 7, comes into force one year after Royal Assent.  Section 7 of the Bill comes into force on Royal Assent.

 

Chapter 29

An Act to amend the
Human Rights Code and
certain other Acts to end
mandatory retirement

Assented to December 12, 2005

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Part I
Human Rights Code Amendments

1. (1) The definition of “age” in subsection 10 (1) of the Human Rights Code is repealed and the following substituted:

“age” means an age that is 18 years or more; (“âge”)

(2) Subsection 24 (1) of the Code is amended by striking out “or” at the end of clause (c) and by adding the following clauses:

(e) a judge or master is required to retire or cease to continue in office on reaching a specified age under the Courts of Justice Act;

(f) a case management master is required to retire on reaching a specified age under the Courts of Justice Act;

(g) the term of reappointment of a case management master expires on the case management master reaching a specified age under the Courts of Justice Act; or

(h) a justice of the peace is required to retire on reaching a specified age under the Justices of the Peace Act.

(3) Section 24 of the Code is amended by adding the following subsection:

Same

(4) Clauses 24 (1) (e), (f), (g) and (h) shall not be interpreted to suggest that a judge, master, case management master or justice of the peace is an employee for the purposes of this Act or any other Act or law.

(4) Subsection 25 (2) of the Code is amended,

(a) by striking out “age”; and

(b) by striking out “Employment Standards Act” and substituting “Employment Standards Act, 2000”.

(5) Section 25 of the Code is amended by adding the following subsections:

Same

(2.1) The right under section 5 to equal treatment with respect to employment without discrimination because of age is not infringed by an employee benefit, pension, superannuation or group insurance plan or fund that complies with the Employment Standards Act, 2000 and the regulations thereunder.

Same

(2.2) Subsection (2.1) applies whether or not a plan or fund is the subject of a contract of insurance between an insurer and an employer.

Same

(2.3) For greater certainty, subsections (2) and (2.1) apply whether or not “age”, “sex” or “marital status” in the Employment Standards Act, 2000 or the regulations under it have the same meaning as those terms have in this Act.

Part II
Amendments to Certain Other Acts

Coroners Act

2. Subsection 3 (2) of the Coroners Act is repealed and the following substituted:

Tenure

(2) A coroner ceases to hold office on ceasing to be a legally qualified medical practitioner.

Election Act

3. Clause 7 (10) (a) of the Election Act is repealed.

Health Protection and
Promotion Act

4. Section 65 of the Health Protection and Promotion Act is repealed.

Ombudsman Act

5. (1) Subsection 4 (1) of the Ombudsman Act is amended by striking out “Subject to subsection (2)” at the beginning.

(2) Subsection 4 (2) of the Act is repealed.

Public Service Act

6. Section 17 of the Public Service Act is repealed.

Workplace Safety and
Insurance Act, 1997

7. Part I of the Workplace Safety and Insurance Act, 1997 is amended by adding the following section:

Human Rights Code

2.1 (1) A provision of this Act or the regulations under it, or a decision or policy made under this Act or the regulations under it, that requires or authorizes a distinction because of age applies despite sections 1 and 5 of the Human Rights Code.

Same

(2) Subsection (1) applies with necessary modifications to any predecessor to this Act or the regulations under it, or any decision or policy made under such an Act or regulation.

Same

(3) Subsections (1) and (2) apply even if the facts in respect of which the requirement or distinction is made occurred before the day on which this section comes into force.

PART III
Commencement and Short Title

Commencement

8. (1) Subject to subsection (2), this Act comes into force on the first anniversary of the date on which this Act receives Royal Assent.

Same

(2) Section 7 comes into force on the day this Act receives Royal Assent.

Short title

9. The short title of this Act is the Ending Mandatory Retirement Statute Law Amendment Act, 2005.