OTTAWA — call it the last stand of 65 of freedom.
A bill that once seemed prepared to sweep legislated mandatory retirement in Canada are loosing political power after accusations of Canadian businesses and labor organizations.
Project private member Bill, sponsored by the Quebec Liberal MP Raymonde Folco, was approved unanimously at second reading in December.
Folco "Had all parties on board with this," said in an interview. "All they felt that with small changes, which decided, could vote for the Bill."
But after hearings this month, she says, "that is not where he stands. I do not know what the Government is still on board, and I'm not too sure what the NDP is still on board. "
As a result, the bill's prospects have gone from brilliant to bleak.
Despite Folco is "not entirely pessimistic", with the possibility of an election of Spring begin called, passing the window is closing fast.
Bill would repeal Folco, a section of the Canadian Human Rights Act that allows federally regulated employers to terminate employees who have reached the "normal retirement age" for employees in similar positions.
All provincial and territorial Governments have already withdrawn similar provisions in their own human rights codes. Federal, mandatory retirement has been eliminated in 1986.
This leaves the federal Government as "the last jurisdiction in Canada to sustain the age discrimination legislation passed," says the Canadian Association of retired persons.
Human rights law applicable 12000 companies regulated by the federal Government and industries employing 840000 people who work for Canadian forces, Crown corporations and industries such as banking, broadcasting, transport, rail, telephone and shipping.
In practice, however, less than two percent of employers — including 10 per cent of people with more than 100 employees — have mandatory retirement policies.
That hasn't stopped the Canadian Chamber of Commerce and FETCO (employers, regulated by the Federal Government — transport and communications), which represents companies that employ 586.000 federally regulated workers, raise a number of concerns bill of Folco.
John Farrell, Executive Director of FETCO, said a parliamentary hearing that prohibit mandatory retirement would be "remove an important mechanism that is available for Federal employers to manage some older workers with dignity to performance decrease resulting from advancing age."
Also affects the cost and operation of pension plans, benefit programs and workers compensation insurance, said Farrell. In addition, employers should be able to enforce "reasonable compulsory retirement ages" professions where work is associated with a high risk to public safety, argued.
The Canadian Chamber of Commerce made similar points in an appearance before the Committee this week and asked for a delay of two years in implementing the proposed law.
Organized labor has also weighed in. New Democrat MP Tony Martin, a member of the Committee studying the Bill, said that his party, "in partnership with the labor movement," concerns "unintended consequences" bill.
Martin said that "we want to make sure that we understand the impact it can have, in particular collective agreements and other pension schemes out there." "My big concern in all this is that this is the thin edge of the Wedge to increase the age where people can qualify for pensions of Canada and affecting other pension plans, as well as".
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