Application
33.(1) This Part applies to a fund, plan or arrangement provided, furnished or offered or to be provided, furnished or offered by an employer to the employees, (a) under a term or condition of employment; or (b) in which an employee may elect to participate or not and to which the employer contributes or does not contribute, that directly or indirectly provides benefits to the employees, their beneficiaries, survivors or dependants, whether payable periodically or not, for superannuation, retirement, unemployment, income replacement, death, disability, sickness, accident, or medical, hospital, nursing or dental expenses, or other similar benefits or benefits under a deferred profit sharing plan in which employees participate in profits of the employer where the profits accumulated under the plan are permitted to be withdrawn or distributed upon death or retirement or upon contingencies other than death or retirement. R.S.O. 1990, c. E.14, s. 33 (1); 1993, c. 27, Sched. No differentiation because of age, etc. (2) Except as provided in the regulations, no employer or person acting directly on behalf of an employer shall provide, furnish or offer any fund, plan, arrangement or benefit that differentiates or makes any distinction, exclusion or preference between employees or a class or classes of employees or their beneficiaries, survivors or dependants because of the age, sex or marital status or same-sex partnership status of the employees. R.S.O. 1990, c. E.14, s. 33 (2); 1999, c. 6, s. 22. Employer not to be requested to contravene subs. (2) (3) No organization of employers or employees, or person acting directly on behalf of an organization of employers or employees, shall cause or attempt to cause an employer, directly or indirectly, to act contrary to subsection (2). Powers of Director (4) Where, in the opinion of the Director, an employer, an organization of employers or employees or a person acting directly on behalf of an employer or such organization may have acted contrary to subsection (2), the Director may exercise the power conferred by subsection 69 (1), and section 69 applies with necessary modifications. Regulations (5) In addition to the powers conferred by section 84, the Lieutenant Governor in Council may make regulations respecting any matter or thing necessary or advisable to carry out the intent and purpose of this Part, and without restricting the generality of the foregoing, may make regulations, (a) exempting any fund, plan or arrangement or part thereof, heretofore or hereafter in existence, or any benefits thereunder from the application of this Part or any provision thereof; (b) permitting a fund, plan or arrangement to provide, furnish or offer a benefit or benefits that differentiate or make a distinction, exclusion or preference between employees or a class thereof or their beneficiaries, survivors or dependants; (c) suspending the application of this Part or any provision thereof to any fund, plan or arrangement or any benefits thereunder, whether provided, furnished or offered under a collective agreement or not, for such period or periods of time as may be prescribed; (d) providing that an employer may not reduce any benefits to an employee or class of employees under any fund, plan or arrangement provided, furnished or offered in order that the employer may comply with subsection (2); (e) providing the terms or conditions under which an employee may be entitled or disentitled to a benefit under a fund, plan or arrangement; (f) defining any expression used in this Part, or in the regulations under this Part. R.S.O. 1990, c. E.14, s. 33 (3-5). PART XI   PREGNANCY AND PARENTAL LEAVE