Canada: Ten Top Tips For Age Aware Employers

Many employers think they have solid policies and processes in order to avoid the complex issue of age discrimination. However, it is still necessary to review these on a regular basis.

Our employment and pensions teams have put together ten top tips for age-aware employers - which should be all employers - considering things you may know, things you may not and developing trends to be aware of.

Job ads - watch your words

Checking that the wording of your job advertisements do not discriminate against people of a particular age or age bracket is important. Ignoring this could result in you receiving a claim from an unsuccessful job applicant, who is protected from age discrimination under the legislation. Using phrases such as 'young & dynamic' is a definite "no no". You should avoid using age, a specific qualification or period of experience as recruitment criteria, unless you can show that it is really necessary for the person to be able to do the job. Read job adverts with a critical eye and make sure any agents you use do as well.

Be careful what you ask

Focus on making sure that a candidate's date of birth is removed from their application form, and be aware of questions which could easily mark an employee's age (e.g. questions on schooling or employment history with dates). Make sure interviewers are aware of the types of questions that they should not ask - this applies to age just as much as it applies to the other characteristics protected by the Equality Act 2010.

Employee benefits

Be wary of offering benefits which, despite being offered to all employees, disadvantage people of a particular age. There are certain exemptions when it comes to offering benefits linked to length of service. Where the person receiving the beneficial treatment has a length of service in excess of five years, the provision of the benefit, facility or service will only be lawful if it fulfils a business need, such as rewarding a higher level of experience, rewarding loyalty or increasing employee

Ensuring insurance stacks up

There is a statutory exemption that applies to having a cut-off age for insured benefits, but employers should regularly review any insured benefits they provide to ensure that they either: (a) fall clearly within the statutory exemption, or; (b) can be objectively justified to the extent that there are any provisions that apply to some ages and not others. Failure to do this leaves employers and potentially trustees (where insurance is provided through a pension scheme or life assurance arrangement) open to challenge.

Policies - put it in writing

Ensure that your policies are compliant and do not discriminate, in particular your recruitment and employee benefits policies. Provide your staff with access to copies of your equal opportunities and harassment policies. These should include examples of the types of behaviour that can be age discriminatory and the consequences for employees of discriminating or harassing individuals on the basis of their age.

Train to retain

  • All staff, particularly managers, should be trained on avoiding age discrimination in the workplace, focussing in particular on key areas such as the recruitment process, promotion, and dismissals.
  • Training and refreshers on systems, processes and the 'tools of the trade' should be available for all, to avoid people not being up-to-speed on how new technologies and processes work.

Banning banter?

Banning banter would be an extreme measure, but all staff should be aware of the types of behaviour that constitute age discrimination. Be clear that age discriminatory comments against young or old employees are not tolerated and that disciplinary action could be taken if employees disregard this.

Flexible working for all?

There has been a large increase in the number of flexible working requests over the past few years, and the right to request has been expanded. Do you have a policy that provides for this? Remember that this policy must be generic and not aimed at specific groups - it should be open to old and young without any assumptions or judgements being made about why people want to take it.

Promote on talent, not age

Age shouldn't be a factor when considering promoting individuals; it should be done on the basis of talent, merit and business need. There are certain exceptions where age may be taken into account i.e. if the age requirement is a genuine occupational requirement or is objectively justified, but the latter can be hard to show in practice.

Retiring from retirement

Although the traditional concept of 'retirement' is dead in the water for many employers, now the statutory default retirement age has gone, employers of choice can still help employees 'train for their retirement'.

Support provided might include access to guidance on financial planning, pension planning and generally thinking about life after work! Employers need to ensure that any such 'pre-retirement planning' is not in itself discriminatory though, and avoid targeting employees at a particular age on the assumption they are gearing up to leave the business.

Tied into this, employers should also think carefully about succession planning to avoid being caught off-guard when individuals with key skills or knowledge do depart the business. Mentoring and "skill-spreading" will all feed into this.

Are you #AllAboutAge?

We have strong expertise in the area of age discrimination, regularly advising, writing and training on the subject. We have a core "ALL ABOUT AGE" team, which analyses the latest case law and remains ahead of the curve in terms of developments, advising and updating employers accordingly.

A pdf version of the top ten tips is available here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Events from this Firm
8 Nov 2016, Seminar, Ottawa, Canada

The prospect of an internal investigation raises many thorny issues. This presentation will canvass some of the potential triggering events, and discuss how to structure an investigation, retain forensic assistance and manage the inevitable ethical issues that will arise.

22 Nov 2016, Seminar, Ottawa, Canada

From the boardroom to the shop floor, effective organizations recognize the value of having a diverse workplace. This presentation will explore effective strategies to promote diversity, defeat bias and encourage a broader community outlook.

7 Dec 2016, Seminar, Ottawa, Canada

Staying local but going global presents its challenges. Gowling WLG lawyers offer an international roundtable on doing business in the U.K., France, Germany, China and Russia. This three-hour session will videoconference in lawyers from around the world to discuss business and intellectual property hurdles.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.