Bill 68

Update: November 2005 Ending Mandatory Retirement Statute Law Amendment Act, 2005
June 2005 Ontario Government Website dedicated to Mandatory Retirement

Update: February 2004
The information below was prepared in reaction to legislation proposed in the Spring of 2003. In early 2004, the issue of "mandatory retirement" is again in the spotlight and particularly at Ontario universities. For a sample article see: "Ontario Will Stop Forcing Workers to Retire: Bill Will Let People Stay On Past Age 65," by Richard Mackie, The Globe and Mail, 29, Jan. 2004, p.A1. Closer to home, a sociology professor at King's College filed a complaint with the Ontario Human Rights Commission indicating that her forced retirement amounted to age discrimination (see: "Retirees Increasingly Are Keen to Return to Work," by Virginia Galt, G&M, Jan. 30, 2004, p.B1.) Articles and letters concening the issue can be found in the Western News published during late January and into Februrary (see, for example, the letters: "Mandatory Retirement and Faculty Renewal" and "The Retirement and Renewal Shell Game," in the issue of Feb. 12, 2004.).

On May 29, 2003 the Ontario Conservative government of Premier Ernie Eves introduced legislation that would eliminate forced retirement at age 65. Although the legislation is now in limbo, the issue is likely to surface again and managers will have to consider the implications in the workplace. This brief bibliography is intended to direct you quickly to resources related to this topic.
On the one hand, there seems to be popular support for the elimination of mandatory retirement in Ontario. In early June the SES Research/Osprey News poll reported that 64% of voters either "strongly or somewhat support" ending mandatory retirement. As well, compulsory retirement generally disappeared in the United States after the general prohibition of age-related employment barriers in the 1986 amendments of the Age Discrimination in Employment Act.
On the other, some argue that society benefits from a mandatory retirement policy and universities are concerned about the increased salary costs if senior faculty are allowed to remain on the payroll. Articles and books reflecting the various arguments are provided below for your convenience.
It should be noted as well, that while this is being discussed at a provincial level, in the national arena we are likely to elect the 65 year old Paul Martin as our next Prime Minister. The National Post noted the irony and pointed out that five provinces, three territories and the federal civil service had already banned mandatory retirement ("Too Old at 65?", Aug.29, 2003, pA15)
Before proceeding to the bibliography, here is a good summary of the issue in Ontario. The current situation regarding mandatory retirement is explained in the "Progess of Legislation" section of Canadian Industrial Relations and Personnel Developments ( June 2003, No. 42, p.514)
"On May 29, 2003, the Ontario government introduced Bill 68, An Act to Amend the Provisions of Certain Acts Respecting the Age of Retirement. The proposed Bill will eliminate mandatory retirement in the province, and allow for seniors to choose to retire at a time of their own choosing, instead of automatically at age 65.
Currently mandatory retirement at age 65 is permitted under the Ontario Human Rights Code. The Code defines "age" for employment purposes to be between 18 and 65 years of age. Under Bill 68, the definition of "age" under the Human Rights Code will be amended to define age as 18 years of age or older, with no upper restrictions. As a result, employers will no longer have the ability to require employees in the province to retire at age 65, pursuant to a mandatory retirement policy. Such a policy would constitute discrimination on the basis of age.
For transitional purposes under the proposed Bill, if mandatory retirement at age 65 was a term of a collective agreement in force on May 29, 2003 and an employee is required to retire during the term of the agreement, the collective agreement would take priority over the terms of the Bill. For collective agreements in place on May 29, 2003 that are subsequently extended, the Bill requirement will begin to apply with respect to the period of extension.
The Bill would also eliminate the mandatory retirement provisions under the Audit Act, the Election Act, the Health Protection and Promotion Act, the Ombudsman Act, and the Public Service Act. However, the Bill provides that the age-based benefits for injured workers under the Workplace Safety and Insurance Act and its Regulation and policies will continue to apply despite the proposed changes in the Bill.
The introduction of the Bill follows the Ontario Human Rights Commission's report Time for Action: Advancing Human Rights for Older Workers, which recommended eliminating mandatory retirement. Bill 68 received first reading on May 29, 2003. If it is passed, the Bill is scheduled to come into force on January 1, 2005. Readers will be informed of future progress of this Bill."
For an earlier Ontario report make sure to see: Report of the Ontario Task Force on Mandatory Retirement.(1987)