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

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.