Older Adults & Human Rights

Discrimination based on age can come in many forms. People can start treating you differently or make unwelcome comments. Human rights law in Saskatchewan only makes certain types of discrimination based on age illegal, however. This includes discrimination in the areas of:

• employment
• the sale and rental of property
• providing services, including access to accommodations and facilities
• publications
• contracts
• membership in occupational associations or unions

Discrimination based on age only applies to people who are 18 years of age or older.

It is illegal for an employer to refuse to hire someone over the age of 17 based on their age. It is also illegal:

• for an employer to refuse to continue employing someone based on their age
• to advertise a position with an age restriction
• for an employee to discriminate against another employee because of their age

The exception to this is if an employer has a reasonable and good faith reason for their actions. Insurance and pension plans created in good faith also do not contravene this law.

In the past, human rights law in Saskatchewan made an exception for mandatory retirement. However, this is no longer the case. Employers cannot end an older person's employment just because the employee has reached a certain age. In some cases, employers may be able to terminate an older person's employment if they can show that advancing age affects their ability to perform duties required for the job.

This does not prevent older adults from choosing to retire at age 65 or earlier. However, employers cannot force a person out of a job based solely on their age.

Seniority is an exception to discrimination based on age. It is legal for employers to have conditions of employment that deal with how long an employee has worked for the employer. The seniority scheme must be implemented by the employer in good faith, however.

It is illegal to refuse to rent or sell a property to someone based on their age. It is also illegal to place conditions on a sale or rental based on age. This includes commercial as well as residential properties.

Another exception to discrimination based on age is seniors’ housing. The law does allow for housing units to be offered exclusively to adults over the age of 55. Such housing developments are also sometimes referred to as independent retirement communities.

It is illegal, based a person’s age, to:

• deny them access to any accommodation, service or facility that is offered to the public or to which the public is normally admitted
• discriminate against them with respect to any accommodation, service or facility that is offered to the public or to which the public is normally admitted

It is not illegal, however, to give a preference to someone on the basis of age for membership fees or other charges. An example of this is a senior’s discount.

It is illegal for anyone to publish or display something that:

• tends to restrict the age-based rights that people have under the law
• exposes hatred to anyone based on their age

This cannot, however, be used to restrict someone’s freedom of expression.

If a contract is offered to the public, it cannot discriminate against anyone based on age. It also cannot include terms or conditions that discriminate against anyone based on age. If the contract is reasonable and made in good faith, this provision does not apply to:

• contracts for vehicle, life, accident, sickness or disability insurance
• contracts for group insurance between an insurer and an association or person
• life annuities