Canadian Human Rights Benefit Regulations — 3
3 The following provisions of a benefit plan do not constitute the basis for a complaint under Part III of the Act that an employer is engaging or has engaged in a discriminatory practice: (a) in the case of any pension plan, provisions that result in (i) where employees do not make contributions to the plan, an employee not being required or permitted to participate in the plan until the employee has attained the age of not more than twenty-five years, (ii) where employees make contributions to the plan, an employee not being required to participate in the plan until the employee has attained the age of not more than twenty-five years, (iii) an employee being excluded from participation in the plan because the provisions of the plan permit participation therein only in the case of an employee who would be eligible to receive pension benefits under the plan if he was to retire at the normal age of retirement and the provisions do not permit an employee who participates therein to continue to accrue benefits after he has reached the normal age of retirement, or (iv) an employee being unable to accrue benefits under the plan in respect of his periods of service prior to the time he became a member of the plan because he did not satisfy the requirements in respect of health in order to accrue such benefits; (b) in the case of any disability income insurance plan, provisions that result in an employee being excluded from participation in the plan because the employee has attained the age at which a member of the plan would not be eligible to receive benefits under the plan or has attained that age less the length of the waiting period following the commencement of a disability that must pass before benefits may become payable thereunder, if that age is not less than 65 or the normal pensionable age under the pension plan of which the employee is a member, whichever occurs first; (c) in the case of any disability income insurance plan or health insurance plan that contains provisions that result in an employee of an employer employing less than 25 employees being excluded from participation in the plan because the employee does not satisfy the requirements in respect of health in order to participate therein, provisions under which the employer pays to the excluded employee an amount equal to the contribution that is made by the employer in respect of an employee who is able to participate in that plan; (d) in the case of any voluntary employee-pay-all insurance plan or any insurance plan that has a voluntary employee contribution feature, provisions that result in an employee being excluded from participation in the plan or in the voluntary employee contribution feature, as the case may be, because he does not satisfy the requirements in respect of health in order to participate therein; (e) provisions of any benefit plan that result in an employee being excluded from participation in the plan (i) because the employee chose not to participate in the plan when he was first eligible to do so and he did not satisfy the requirements in respect of health in order to participate in the plan on subsequently seeking to participate therein, or (ii) until the first day on which the employee is actively at work after he has satisfied all other requirements for participation therein; and (f) the provisions of any benefit plan relating to participation therein that do not differentiate between employees on any ground of discrimination referred to in section 3 of the Act otherwise than in the manner referred to in paragraphs (a) to (e). SOR/82-783, s. 1