VICTORIA — B.C. is following in the footsteps of Ontario and other provinces in introducing legislation that bans mandatory retirement for workers 65 and over.

Canadian demographics indicate Canada’s population is getting older — and polls show more and more of those older people want to keep working.

“The number of British Columbians over the age of 65 will more than double in the next 25 years, so it is important we prepare for that shift,” Attorney General Wally Oppal said in a statement.

Workers, especially truckers, are
working longer past retirement age.

Bill 31 of the Human Rights Code Amendment Act, 2007 extends employee protections beyond the age 64, making it illegal for employers to discriminately force such people out of their jobs.

The code amendment — which if passed, takes affect January 1, 2008 — would force employers to change collective agreements, contracts, and company policies.

However, employers can still use the defence of a bona fide occupational requirement (“BFOR”) to forcibly retire someone. The standard for a BFOR is extremely high, however, as an employer must demonstrate that the job can only be done by someone of a particular age based on physical and cognitive requirements. The employer must also show that there is no way to accommodate the individual with another similar position without causing undue hardship to the company.

Under the proposal, the legislation will not be retroactive, meaning employers will not be required to re-employ former.

The law applies to both public and private sector employers.

Furthermore, the legislation still allows for age-based distinctions under group or employee insurance plans, including those that are self-funded by employers or provided by a third party.