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

Regulations are current to 2020-09-09

Benefit Provisions (continued)

 [Revoked, SOR/85-512, s. 3]

Contributions

 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, where 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 his dependent spouse or to pay benefits under the plan to the surviving spouse 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.

  • SOR/85-512, s. 4

 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, where 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 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, where 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, 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.

  • SOR/82-783, s. 4
  • SOR/85-512, s. 5

 The provisions of any benefit plan respecting leave of absence that result in differentiation being made between employees in the rates of contribution

  • (a) [Revoked, SOR/85-512, s. 6]

  • (b) of an employer or employees, or both, to the plan, where 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 such 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.

  • SOR/85-512 s. 6

 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.

 
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