Reprinted below is a letter which was sent to the Honourable Dalton McGuinty, Ontario Premier, about the slow progress in eliminating retirement.
April 5, 2005
Letter to Premier Dalton McGuinty
The Hon. Dalton McGuinty
Premier of Ontario
Room 281
Legislative Building
Toronto, ON
M7A 1A1
Dear Premier McGuinty:
On behalf of the University of Guelph Faculty Association, I am writing to express concern about your government’s extremely slow progress in eliminating mandatory retirement for workers in this province, and to urge you to introduce and pass legislation on this issue as soon as possible during the Spring legislative session.
The elimination of mandatory retirement has been an issue of great importance to our members for some time. The Ontario Confederation of University Faculty Associations participated on our behalf in the regional consultation held last September, as part of the Ministry of Labour consultations, and we are disappointed that the government has yet to introduce legislation to eliminate the discriminatory practice of forced retirement.
Your government has made it clear on several occasions that you are committed to eliminating mandatory retirement in Ontario, following the example of many other Canadian jurisdictions. In light of your stated commitment and the extensive consultation process, we fail to understand why you have not yet introduced legislation to address the issue. There are three major areas which we urge you to address: the timing of the legislation; the prohibition of contractual mandatory retirement; and a transition period for the legislation to take effect.
No Need to Wait
It is imperative that the government address the situation and introduce legislation to eliminate mandatory retirement now. Delaying the legislation has serious implications for the 2005 cohort of faculty and academic staff who have turned or will turn 65 before June 30 of this year, and who will be forced to retire if the government does not act quickly.
It is blatantly unfair to penalize a particular group of academics, as well as other workers in the province, because the government has moved slowly on this issue. Every day, workers in this province are forced to retire at the age of 65 whether or not they wish, or can afford, to stop working. Ontario is losing valuable people in the prime of their academic careers, and at a time when universities are experiencing record student enrolment. As our universities stare a faculty shortage in the eye, the government continues to force exceptional, committed, interested professors to retire at age 65.
The government should introduce legislation to eliminate mandatory retirement as soon as possible now that the Spring legislative session has begun. You committed to doing so during the 2003 provincial election, and there is no reason to delay further.
Prohibit the Contracting Out of Human Rights
The right not to be forcefully retired at age 65 is one which we believe should be a fundamental human right, and which the government has promised to address through the elimination of mandatory retirement. The Ontario Human Rights Code prohibits the contracting out of basic human rights, and the right to work free from the threat of forced retirement due to age should be no exception.
Extending human rights to reduce discrimination in employment is an excellent outcome of the elimination of mandatory retirement: allowing employers to contractually mandate retirement dates would be a step backwards. We cannot support the contracting out of a basic human right, which is why we are urging the government to introduce legislation which expressly prohibits this practice.
No Need for a Transition Period
Employees and employers alike in Ontario have known for some time that the elimination of mandatory retirement is inevitable and have begun planning for it. Your Liberal colleague, Mr. Mike Colle, introduced Private Members’ Bills on this issue on two occasions, and your party supported Conservative legislation to eliminate mandatory retirement in May of 2003. Employers in this province have been given plenty of time to plan for the policy change.
Despite clamoring from some university administrators for a transition period specific to university faculty, the experience of other Canadian jurisdictions has demonstrated that none is needed. The reality of the situation in those provinces suggests that the vast majority of university faculty, like other workers, will continue to retire earlier than age 65 in any event. The elimination of mandatory retirement may have little effect on these people, but represents a life-changing improvement to the employment situation of those who wish or need to continue working, either because of a passion for work, or financial need.
The recent settlement between the University of Toronto and its Faculty Association on mandatory retirement has made it clear that once legislation is passed, the parties involved are fully capable of working out any necessary adjustments. It is noteworthy that the largest university in the country has rejected arguments by some university administrators that there should be an implementation period, and that the elimination of mandatory retirement is too costly and complex.
The government has been dragging its feet on this issue for too long. The time to act is now. We urge you to introduce and pass legislation to eliminate mandatory retirement before the end of the Spring 2005 legislative session.
Sincerely,
Dr. Roselynn Stevenson
University of Guelph Faculty Association President
cc: Hon. Liz Sandals, MPP
Hon. Mary Ann Chambers, Minister of Training, Colleges and Universities
Hon. Chris Bentley, Minister of Labour
Mr. Kevin Flynn, Parliamentary Assistant to Minister of Labour
Dr. Summerlee, President, University of Guelph