Canadian Human Rights Benefit Regulations

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.