Canadian Human Rights Benefit Regulations (SOR/80-68)

Short Title

1 These Regulations may be cited as the Canadian Human Rights Benefit Regulations.

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Canadian Human Rights Act; (Loi)

  actuarial basis

  actuarial basis means the basis of the assumptions and methods used by a Fellow of the Canadian Institute of Actuaries to establish the costs of benefits under a benefit plan, taking into consideration the contingencies of human life, such as death, accident, sickness or disease; (base actuarielle)

  benefit

  benefit, in respect of a benefit plan, includes

  • (a) a lump sum or an annual, a monthly or other periodic amount or the accrual of such amounts to which an employee or their beneficiary, survivor, spouse, common-law partner, child or dependant is or may become entitled under the plan on superannuation, retirement, termination of employment, disability, accident, sickness or death,

  • (b) any amount to which one of the persons referred to in paragraph (a) is or may become entitled under the plan for medical, hospital, nursing, drug or dental expenses or other similar expenses, and

  • (c) any amount to which one of the persons referred to in paragraph (a) is or may become entitled under the plan on superannuation, retirement or termination of employment or to which any person is or may become entitled under the plan on the death of another person; (prestation)

  benefit plan

  benefit plan means an insurance plan or a pension plan, whether or not the terms and conditions thereof have been set out in writing; (régime de prestations)

  child

  child, in relation to an employee under a benefit plan, means a child of the employee or of their spouse or common-law partner and includes any child within the meaning given that term under the plan; (enfant)

  common-law partner

  common-law partner, in relation to an employee under a benefit plan, means a person with whom the employee has cohabited in a conjugal relationship for a period of at least one year before the event that causes a benefit to be paid under the terms of the plan; (conjoint de fait)

  dependant

  dependant, in relation to an employee under a benefit plan, has the meaning given that term under the plan; (personne à charge)

  disability income insurance plan

  disability income insurance plan means a plan, fund or arrangement provided, furnished or offered to an employee that provides, in accordance with the terms of the plan, fund or arrangement, benefits to the employee for loss of income because of sickness, accident or disability; (régime d’assurance-revenu en cas d’invalidité)

  disability income insurance plan

  disability income insurance plan or disability income benefit plan[Repealed, SOR/2022-150, s. 1]

  health insurance plan

  health insurance plan means a plan, fund or arrangement provided, furnished or offered to or in respect of an employee that provides, in accordance with the terms of the plan, fund or arrangement, benefits for medical, hospital, nursing, drug or dental expenses or other similar expenses

  • (a) to the employee or the spouse, common-law partner, child or dependant of the employee, or

  • (b) in the case of a deceased employee, to the spouse, common-law partner, child or dependant of the employee; (régime d’assurance-maladie)

  health insurance plan

  health insurance plan or health benefit plan[Repealed, SOR/2022-150, s. 1]

  insurance plan

  insurance plan means a disability income insurance plan, a health insurance plan or a life insurance plan; (régime d’assurance)

  life insurance plan

  life insurance plan means a plan, fund or arrangement, provided, furnished or offered to an employee that provides, in accordance with the terms of the plan, fund or arrangement, benefits payable either in a lump sum or by periodic payments

  • (a) on the death of the employee, to a beneficiary, survivor or dependant of the employee, or

  • (b) on the death of the spouse, the common-law partner, a child or a dependant of the employee, to the employee; (régime d’assurance-vie)

  normal age of retirement

  normal age of retirement, in respect of any employment or position of a person, means the maximum age applicable to that employment or position referred to in paragraph 14(b) of the Act or the age applicable to that employment or position referred to in paragraph 14(c) of the Act, as the case may be; (âge normal de la retraite)

  normal pensionable age

  normal pensionable age under a pension plan, means the earliest date specified in the plan on which an employee can retire from his employment and receive all the benefits provided by the plan to which he would otherwise be entitled under the terms of the plan, without adjustment by reason of early retirement, whether such date is the day on which the employee has attained a given age or on which the employee has completed a given period of employment; (âge normal ouvrant droit à la pension)

  pension plan

  pension plan means a superannuation, retirement or pension plan, fund or arrangement provided, furnished or offered to an employee that provides, in accordance with the terms of the plan, fund or arrangement, to or in respect of the employee on the superannuation, retirement or termination of employment of the employee, benefits that are determined by reference to

  • (a) contributions made by the employee or his employer, or both, or

  • (b) contributions referred to in paragraph (a) and the investment income, gains, losses and expenses in respect of those contributions,

  and includes

  • (c) a defined benefit pension plan under which the benefits are determined by reference to

    • (i) a percentage of the salary, wages or other remuneration of the employee in addition to the length of employment of the employee or a specified period of employment, or

    • (ii) the length of employment of the employee or a specified period of employment,

  • (d) a money purchase pension plan under which the benefits are determined by reference to

    • (i) the accumulated amount of the contributions paid by or to the credit of the employee and the investment income, gains, losses and expenses in respect of those contributions, or

    • (ii) the accumulated amount of the benefits purchased by each contribution paid by or to the credit of the employee,

  • (e) a profit-sharing pension plan under which contributions by an employer are determined by reference to the profits earned from his business and the benefits are determined by reference to

    • (i) the accumulated amount of the contributions paid by or to the credit of the employee and the investment income, gains, losses and expenses in respect of those contributions, or

    • (ii) the accumulated amount of the benefits purchased by each contribution paid by or to the credit of the employee, and,

  • (f) a composite pension plan the terms and conditions of which are any combination of the terms and conditions of a defined benefit pension plan, a money purchase pension plan and a profit-sharing pension plan or any two of those plans; (régime de retraite)

  spouse

  spouse[Repealed, SOR/2022-150, s. 1]

  voluntary employee contribution

  voluntary employee contribution means a contribution made voluntarily by an employee to or under a benefit plan, except a contribution the payment of which, under the terms of the plan, imposes on an employer an obligation to make a concurrent additional contribution to or under the plan. (contribution facultative de l’employé)

• (2) [Repealed, SOR/2022-150, s. 1]

• (3) [Repealed, SOR/2022-150, s. 1]

Participation in Benefit Plans

3 The following provisions of a benefit plan do not constitute the basis for a complaint under Part III of the Act that an employer is engaging or has engaged in a discriminatory practice:

• (a) in the case of any pension plan, provisions that result in

  • (i) where employees do not make contributions to the plan, an employee not being required or permitted to participate in the plan until the employee has attained the age of not more than twenty-five years,

  • (ii) where employees make contributions to the plan, an employee not being required to participate in the plan until the employee has attained the age of not more than twenty-five years,

  • (iii) an employee being excluded from participation in the plan because the provisions of the plan permit participation therein only in the case of an employee who would be eligible to receive pension benefits under the plan if he was to retire at the normal age of retirement and the provisions do not permit an employee who participates therein to continue to accrue benefits after he has reached the normal age of retirement, or

  • (iv) an employee being unable to accrue benefits under the plan in respect of his periods of service prior to the time he became a member of the plan because he did not satisfy the requirements in respect of health in order to accrue such benefits;

• (b) in the case of any disability income insurance plan, provisions that result in an employee being excluded from participation in the plan because the employee has attained the age at which a member of the plan would not be eligible to receive benefits under the plan or has attained that age less the length of the waiting period following the commencement of a disability that must pass before benefits may become payable thereunder, if that age is not less than 65 or the normal pensionable age under the pension plan of which the employee is a member, whichever occurs first;

• (c) in the case of any disability income insurance plan or health insurance plan that contains provisions that result in an employee of an employer employing less than 25 employees being excluded from participation in the plan because the employee does not satisfy the requirements in respect of health in order to participate therein, provisions under which the employer pays to the excluded employee an amount equal to the contribution that is made by the employer in respect of an employee who is able to participate in that plan;

• (d) in the case of any voluntary employee-pay-all insurance plan or any insurance plan that has a voluntary employee contribution feature, provisions that result in an employee being excluded from participation in the plan or in the voluntary employee contribution feature, as the case may be, because he does not satisfy the requirements in respect of health in order to participate therein;

• (e) provisions of any benefit plan that result in an employee being excluded from participation in the plan

  • (i) because the employee chose not to participate in the plan when he was first eligible to do so and he did not satisfy the requirements in respect of health in order to participate in the plan on subsequently seeking to participate therein, or

  • (ii) until the first day on which the employee is actively at work after he has satisfied all other requirements for participation therein; and

• (f) the provisions of any benefit plan relating to participation therein that do not differentiate between employees on any ground of discrimination referred to in section 3 of the Act otherwise than in the manner referred to in paragraphs (a) to (e).

Benefit Provisions

4 The following provisions of a pension plan do not constitute the basis for a complaint under Part III of the Act that an employer is engaging or has engaged in a discriminatory practice:

• (a) provisions that result in eligibility for various benefits under the plan being subject to the attainment by a person of specified ages;

• (b) provisions that result in differentiation being made between employees in the amounts of the monthly or other periodic benefits payable under the plan to or in respect of the employees,

  • (i) because of age, where such differentiation is determined on an actuarial basis, or because of an adjustment that recognizes the availability of benefits payable under the Canada Pension Plan, the Old Age Security Act or a provincial pension plan as defined in section 3 of the Canada Pension Plan, where the adjustment is permitted under and is made in accordance with the Pension Benefits Standards Act and any regulations thereunder,

  • (ii) because of marital status, where

    • (A) benefits are payable periodically to the surviving spouse or common-law partner of a deceased employee, or

    • (B) an increase in benefits is payable to a former employee because the employee has a dependent spouse or common-law partner, or

  • (iii) because of family status, where benefits are payable periodically to or in respect of a surviving child of a deceased employee;

• (c) provisions that result in differentiation being made between employees

  • (i) because of marital status, if a lump sum benefit is payable under the plan to the surviving spouse or common-law partner of a deceased employee, or

  • (ii) because of family status, where a lump sum benefit is payable under the plan to or in respect of a surviving child of a deceased employee;

• (d) in the case of any voluntary employee-pay-all pension plan or any pension plan that has a voluntary employee contribution feature, provisions of such a plan respecting voluntary employee contributions that result in differentiation being made between employees in the amounts of the benefits provided under the plan to or in respect of the employees because of sex, where such differentiation is determined on an actuarial basis;

• (e) provisions that result in differentiation being made between employees when benefits payable under the plan to or in respect of the employees are converted under an option contained therein, in the amounts of those benefits because of sex, where such differentiation is determined on an actuarial basis;

• (e.1) provisions that result in an employee being unable to exercise an option under the plan to convert the benefits payable thereunder to or in respect of that employee to benefits of another type or of an amount other than the amount of the benefits payable under the plan because that employee did not satisfy the requirements in respect of health in order to exercise that option; and

• (f) provisions that result in no differentiation being made between employees in the amounts of the benefits payable under the plan to or in respect of the employees on any ground of discrimination referred to in section 3 of the Act, other than the differentiation referred to in paragraphs (a) to (e), or the differentiation that results from the provisions of a benefit plan referred to in section 3.

5 The following provisions of an insurance plan do not constitute the basis for a complaint under Part III of the Act that an employer is engaging or has engaged in a discriminatory practice:

• (a) in the case of any voluntary employee-pay-all life insurance plan or any life insurance plan that has a voluntary employee contribution feature, provisions respecting voluntary employee contributions that result in differentiation being made between employees in the amounts of the benefits payable under the plan to or in respect of the employees because of age, where such differentiation is determined on an actuarial basis;

• (b) in the case of any disability income insurance plan, provisions that result in differentiation being made between employees because the benefits payable under the plan to an employee cease when the employee has attained the age of not less than 65, or the normal pensionable age under the pension plan of which the employee is a member, whichever occurs first;

• (c) in the case of any disability income insurance plan or health insurance plan, provisions that result in differentiation being made between employees because, during a period not exceeding one year after the date when an employee first became insured under the plan, the benefits under the plan are not payable to the employee in respect of conditions arising from an injury, accident or sickness that commenced prior to that date and in respect of which the employee had received medical care, treatment or services, drug therapy or medicine prescribed by a qualified medical practitioner during a period not exceeding one year prior to that date;

• (d) in the case of any life insurance plan, provisions that result in differentiation being made between employees because the rate or the amount of the benefits payable under the plan to or in respect of a member of the plan who satisfies certain requirements as to health exceeds the maximum rate or amount of benefits payable under the plan to or in respect of every member of the plan, whether or not a member satisfies those requirements as to health, where

  • (i) the rates of contributions of the employees or the employer, or both, to the plan in respect of benefits up to or equal to the maximum rate or amount payable to or in respect of every member of the plan, have been determined on an actuarial basis with regard to those benefits, and

  • (ii) the rates of contributions of the employees or the employer, or both, to the plan in excess of the contributions referred to in subparagraph (i), in respect of benefits, in excess of the maximum rate or amount, referred to in that subparagraph, payable to or in respect of a member of the plan who satisfies certain requirements as to health, have been determined on an actuarial basis with regard to the benefits in excess of that maximum;

• (e) in the case of any life insurance plan, provisions that result in differentiation being made between employees

  • (i) because of marital status, where

    • (A) benefits are payable on the death of an employee, in a lump sum or periodically, to the surviving spouse or common-law partner of the employee, or

    • (B) benefits are payable to an employee, in a lump sum or periodically, on the death of their spouse or common-law partner, or

  • (ii) because of family status, where benefits are payable on the death of an employee, in a lump sum or periodically, to or in respect of a surviving child or dependant of the employee or where benefits are payable to an employee, in a lump sum or periodically, on the death of his child or dependant;

• (f) in the case of any health insurance plan, provisions that result in differentiation being made between employees

  • (i) because of marital status in order to provide benefits for the spouse or common-law partner of an employee,

  • (ii) because of family status, where benefits are provided under the plan to or in respect of a child or dependant of the employee, or

  • (iii) if benefits under the plan are reduced on attainment of a certain age in respect of certain medical, hospital, nursing, drug or dental expenses or other similar expenses when equivalent or greater benefits become payable by the health insurance plan of a province under which an employee or their survivor, spouse, common-law partner, child or dependant, as the case may be, is insured; and

• (g) provisions that result in no differentiation being made between employees in the amounts of the benefits payable under the plan to or in respect of the employees on any ground of discrimination referred to in section 3 of the Act, other than the differentiation referred to in paragraphs (a) to (f), or the differentiation that results from the provisions of a benefit plan referred to in section 3.

6 [Revoked, SOR/85-512, s. 3]

Contributions

7 The following provisions of a pension plan do not constitute the basis for a complaint under Part III of the Act that an employer is engaging or has engaged in a discriminatory practice:

• (a) provisions that result in differentiation being made between employees in the rates of contribution of the employer to the plan, where such differentiation is made on an actuarial basis because of age or sex, or both, in order to provide equal benefits under the plan to the employees;

• (b) in the case of any defined benefit pension plan, provisions that result in differentiation being made between employees in the rates of contribution of the employer to the plan, if such differentiation is made on an actuarial basis because of age, sex, marital status or family status in order to provide an increase in benefits under the plan to a former employee in respect of their dependent spouse or common-law partner or to pay benefits under the plan to the surviving spouse or common-law partner of a deceased employee or to or in respect of a surviving child of a deceased employee;

• (c) in the case of any money purchase pension plan or profit-sharing pension plan, provisions that result in differentiation being made between employees in the rates of contribution of employees to the plan, where such differentiation is made on an actuarial basis because of age in order to provide equal benefits under the plan to the employees;

• (d) provisions that result in differentiation being made between employees in the rates of voluntary contributions of an employee to the plan, where such differentiation is made on an actuarial basis because of age, sex, marital status or family status; and

• (e) provisions that result in no differentiation being made between employees in the rates of contribution under the plan on any ground of discrimination referred to in section 3 of the Act, other than the differentiation referred to in paragraphs (a) to (d) and sections 9 and 10, or the differentiation that results from the provisions of a benefit plan referred to in section 3.

8 The following provisions of an insurance plan do not constitute the basis for a complaint under Part III of the Act that an employer is engaging or has engaged in a discriminatory practice:

• (a) provisions that result in differentiation being made between employees in the rates of contribution of the employer to the plan, where such differentiation is made on an actuarial basis because of age, disability or sex in order to provide equal benefits under the plan to the employees;

• (b) in the case of any life insurance plan, provisions that result in differentiation being made between employees in the rates of contribution of employees or the employer to the plan, if such differentiation is made on an actuarial basis because of marital status in the case of employee contributions, or because of age, disability, sex, marital status or family status in the case of employer contributions, in order to pay benefits under the plan to the surviving spouse or common-law partner of a deceased employee or to or in respect of a surviving child or dependant of a deceased employee;

• (c) in the case of any life insurance plan or health insurance plan, provisions that result in differentiation being made between employees in the rates of contribution of employees or the employer to the plan, if such differentiation is made on an actuarial basis because of marital status or family status in order to pay benefits under the plan on the death of or for the health care of the spouse, common-law partner, children or dependants of an employee;

• (d) provisions that result in differentiation being made between employees in the rates of contribution of employees or the employer, or both, to the plan, where such differentiation is made because of the circumstances described in paragraph 5(b), (c) or (d), as the case may be, or because of a difference in the contributions required of employees of that employer under health insurance plans of different provinces;

• (e) in the case of any voluntary employee-pay-all insurance plan or any insurance plan that has a voluntary employee contribution feature, provisions respecting voluntary employee contributions that result in differentiation being made between employees in the rates of contribution of employees to the plan, where such differentiation is made on an actuarial basis because of age, sex, marital status or family status; and

• (f) provisions that result in no differentiation being made between employees in the rates of contribution under the plan on any ground of discrimination referred to in section 3 of the Act, other than the differentiation referred to in paragraphs (a) to (e) and sections 9 and 10, or the differentiation that results from the provisions of a benefit plan referred to in section 3.

9 The provisions of any benefit plan respecting leave of absence that result in differentiation being made between employees in the rates of contribution of an employer or employees, or both, to the plan, if such differentiation consists of a reduction in the contributions required of an employee who is absent on a maternity leave of absence or on a leave of absence due to sickness, injury or disability and an increase in the contributions of the employer to the plan by reason of that reduction, do not constitute the basis of a complaint under Part III of the Act that an employer is engaging or has engaged in a discriminatory practice.

10 The provisions of any benefit plan that result in differentiation being made between employees in the rates of contribution of an employer to the plan because an employee has exercised an option not to participate in the whole or a portion of the plan do not constitute the basis of a complaint under Part III of the Act that an employer is engaging or has engaged in a discriminatory practice.