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In 2015, more than 400,000 full-time and almost 300,000 part-time Canadians were working past age 65, according to Statistics Canada. This is up almost 300 per cent from 1990.

A recent survey of 170 Canadian employers indicates that about 25 per cent no longer provide health and dental coverage for active employees past age 65, 40 per cent stop providing short-term disability and unreduced life insurance and 87 per cent cease offering long-term disability coverage.

The survey also indicates that only about one third of employers have developed any formal policies regarding employee health coverage past age 65. In other words, many policies have not kept up with the changing demographic reality and it’s not against the law.

Currently, many provincial human rights codes do not protect employee benefits beyond age 65. In contrast, over 35 years ago the U.S. shifted all employee rules and regulations for health benefits to include employees up to age 70. Clearly, Canada has some catching up to do.

The Ontario Human Rights Commission has recommended legislative changes to stop discrimination of benefits for active employees at age 65. These changes would extend benefits to older employees but we’re still waiting.

Some unions have challenged the termination of benefits at age 65 through mediation or included it as part of their contract negotiations. Other groups and individuals have challenged the termination of benefits at age 65 at human rights tribunal hearings. In one recent case, the age-65 limit was allowed by the Ontario Human Rights Tribunal and this case is now proceeding with a challenge of the constitutionally of the Ontario Code itself under the Charter of Rights and Freedoms.