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

Regulations are current to 2020-01-27

Participation in Benefit Plans

 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).

  • SOR/82-783, s. 1

Benefit Provisions

 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 of a deceased employee, or

      • (B) an increase in benefits is payable to a former employee because the employee has a dependent spouse, 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, where a lump sum benefit is payable under the plan to the surviving spouse 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.

  • SOR/82-783, s. 2
  • SOR/85-512, s. 1

 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 of the employee, or

      • (B) benefits are payable to an employee, in a lump sum or periodically, on the death of his spouse, 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 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) where 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 his survivor, spouse, 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 sections 3 and 6.

  • SOR/82-783, s. 3
  • SOR/83-615, s. 1
  • SOR/85-512, s. 2
 
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