The laws that generally provided for mandatory retirement in Canada have been eliminated. Across Canada, with very few exceptions, employees generally cannot be forced to retire at age 65. But can their benefits be cut off at age 65?
Even if employers are permitted to cut off benefits to workers 65 and older under human rights antidiscrimination laws, are they contractually entitled to do so? Recent labor arbitration decisions indicate that if employers don’t properly contract to cut off benefits, they may not be entitled to cut off benefits at all.