British Columbia Bill 31 (Government) — 3rd Parliament, 38th Session — Previous Version 1

3-38 Gov Bill 31-1

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2007 Legislative Session: 3rd Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE WALLY OPPAL

ATTORNEY GENERAL AND MINISTER

RESPONSIBLE FOR MULTICULTURALISM

BILL 31 – 2007

HUMAN RIGHTS CODE (MANDATORY RETIREMENT ELIMINATION)

AMENDMENT ACT, 2007

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Human Rights Code,

section 1] substitutes the definition of "age" to remove

the current upper age limit of 65 years.

Section 1 of the Human Rights Code, R.S.B.C. 1996, c. 210, is amended by repealing the definition of "age" and substituting the following:

"age" means an age of 19 years or more; .

SECTION 2: [Human Rights Code,

section 7] ensures that communications related to

activities permitted under the Code are not prohibited.

Section 7 (2) is repealed and the following substituted:

(2) Subsection (1) does not apply to a private communication, a communication intended to be private or a communication related to an activity otherwise permitted by this Code.

SECTION 3: [Human Rights Code,

section 8]

adds age as a prohibited ground of discrimination in the provision of any accommodation, service or facility customarily available to the public;

provides that contracts of insurance may continue to differentiate on the basis of age without contravening the Code.

Section 8 is amended

(

a) in subsection (1) by striking out " sex or sexual orientation " and substituting " sex, sexual orientation or age ", and

(

b) in subsection (2) (

b) by adding " or age " after " physical or mental disability ".

SECTION 4: [Human Rights Code,

section 13] provides that bona fide group or employee

insurance plans, whether provided by a third party insurer or through self-insurance, do not contravene the Code.

Section 13 (3) (

b) is repealed and the following substituted:

(

b) as it relates to marital status, physical or mental disability, sex or age, to the operation of a bona fide retirement, superannuation or pension plan or to a bona fide group or employee insurance plan, whether or not the plan is the subject of a contract of insurance between an insurer and an employer.

SECTION 5: [Human Rights Code,

section 41] renumbers the existing

section 41 of the

Act and adds a new subsection that allows statutorily mandated mandatory

retirement schemes, as well as other statutory schemes with age-related benefits

such as the Workers Compensation Act , to continue without contravening

the Human Rights Code .

Section 41 is amended by renumbering the

section as

section 41 (1) and by adding the following subsection:

(2) Nothing in this Code prohibits a distinction on the basis of age if that distinction is permitted or required by any Act or regulation.

Consequential Amendment

Public Service Act

SECTION 6: [Public Service Act,

section 23] repeals the

section of the Public Service Act

that requires employees to retire at age

Section 23 of the Public Service Act, R.S.B.C. 1996, c. 385, is repealed.

Commencement

7 This Act comes into force on January 1, 2008.

Explanatory Notes