Released on May 17, 2007
Amendments to the Saskatchewan Human Rights Code have been passed in the legislature and will come into force six months from now on November 17, 2007.
The Saskatchewan Human Rights Code Amendment Act, 2006, puts an end to mandatory retirement and gives older citizens the ability to choose whether to retire or to continue to work beyond the age of 65.
“This legislation recognizes that our older citizens can continue to make meaningful contributions in the work force,” Justice Minister Frank Quennell said. “It also responds to the demographic reality, in this province and others, that we are an aging population that can benefit from having persons with experience, expertise and judgment continuing to work.”
This Act changes the definition of age in the Code to include persons over 65 years, effectively removing the protection for mandatory retirement policies. Employers will no longer be able to require employees to quit working simply because they have reached a certain age, and collective agreements will not be able to specify a retirement age.
The Act maintains the current exception for those occupations, such as fire fighters and police, where advancing age relates to the ability to perform the duties required for the job.
As a result of this Act, a number of other Acts and regulations have been amended to remove or prohibit mandatory retirement provisions. These include The Public Employees Pension Plan Act, The Municipal Employees’ Pension Act, The Superannuation (Supplementary Provisions) Act, and The Public Service Regulations, 1999.
The amendments will not come into force until November 17, 2007, giving employers and employees time to make the necessary changes to ensure compliance with the Code, which may include renegotiating collective agreements and the revision of human resource policies.
In most other provinces and all territories, provisions permitting mandatory retirement have been removed from human rights legislation.
Further information about the legislation may be found on the Saskatchewan Justice web site at www.saskjustice.gov.sk.ca.
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For more information, contact:
Andrew Dinsmore
Justice
Regina
Phone: 306-787-8606
Email: adinsmore@justice.gov.sk.ca