Retirement Age in BC: Can Your Employer Force You to Retire?

There is no mandatory retirement age in British Columbia. Your employer can’t force you to retire simply because you turn 65, 70 or another age. In most jobs, the decision about when to retire is yours.

If your employer pressures you to retire, cuts your pay or fires you because of your age, you may have a claim for age discrimination, severance pay or both.

Reviewed by: Lior Samfiru, Employment Lawyer and National Co-Managing Partner

On This Page

• Retirement Age in BC
• Can Your Employer Force You to Retire?
• Pressure to Retire
• Fired Before Retirement
• Severance Pay
• What You Should Do
• Frequently Asked Questions
• Get Legal Help

What Is the Retirement Age in BC?

BC has no mandatory retirement age for most employees. You can continue working past 65 or 70 if you want to.

British Columbia eliminated mandatory retirement in 2008. Under the BC Human Rights Code, employees aged 19 and older are protected against age discrimination.

Turning 65 or becoming eligible for a pension doesn’t automatically end your employment.

Employers may offer voluntary retirement incentives. Certain jobs can also have legitimate age-related requirements, particularly where safety is involved, but an employer must be able to justify those restrictions.

See the BC government’s mandatory retirement guidance.

Can Your Employer Force You to Retire at 65 or 70?

No. In most BC workplaces, an employer can’t force you to retire because of your age.

Forcing an employee to retire at a particular age may amount to discrimination under the BC Human Rights Code.

Examples include:

• Telling you that you must retire when you turn 65.
• Removing you from your position because you’re considered too old.
• Replacing you with a younger employee because of your age.
• Threatening to fire you unless you agree to retire.

An employer can dismiss an older employee for legitimate, non-discriminatory reasons, subject to applicable termination and severance obligations. But age itself can’t ordinarily be the reason.

What if Your Employer Pressures You to Retire?

You don’t have to retire simply because your boss wants you to leave.

Employers sometimes pressure older workers by:

• Repeatedly asking when they plan to retire.
• Reducing their responsibilities or salary.
• Demoting them or removing important duties.
• Creating working conditions intended to push them out.

Major unwanted changes to your job may amount to constructive dismissal BC, potentially entitling you to severance pay.

If the pressure is connected to your age, you may also have a human rights claim.

Can You Be Fired Before Retirement in BC?

Yes, but your employer can’t lawfully fire you simply because you’re approaching retirement age.

If you’re dismissed without cause for a legitimate reason, you may be entitled to severance pay.

If you’re fired because of your age, the termination may also violate the BC Human Rights Code.

The fact that you were planning to retire soon doesn’t automatically eliminate your severance rights. However, a definite retirement date may affect the compensation you’re owed.

Learn more about workplace discrimination in BC.

Are You Owed Severance if You’re Forced to Retire?

Yes, you may be entitled to severance if your employer forces you out of your job.

For non-unionized employees, full severance depends on factors including:

• Your age.
• Your length of service.
• Your position and responsibilities.
• Your ability to find comparable employment.

Older employees with many years of service may be entitled to substantial severance. In appropriate cases, full severance pay in BC can reach up to 24 months’ pay.

If age discrimination is involved, you may also be entitled to compensation through the BC Human Rights Tribunal.

Use our Severance Pay Calculator for an initial estimate of your potential compensation.

What Should You Do if You’re Being Forced to Retire?

1. Don’t resign. Leaving voluntarily could complicate your claim for severance.
2. Make your position clear. Tell your employer in writing that you don’t want to retire.
3. Keep records. Save emails, messages and notes about retirement pressure or changes to your job.
4. Don’t sign a retirement agreement. It may include a release of your legal rights.
5. Speak with an employment lawyer. Find out whether you have a severance or discrimination claim.

Retirement Age BC: Frequently Asked Questions

Is 65 the mandatory retirement age in BC?

No. BC eliminated mandatory retirement in 2008. Most employees can continue working beyond age 65.

Can my employer force me to retire at 70?

Not simply because of your age. BC employees are protected against age discrimination, subject to limited legal exceptions.

Can I keep working after I start collecting CPP?

Yes. Receiving Canada Pension Plan benefits doesn’t automatically require you to stop working.

Can my employer offer me an early retirement package?

Yes. Employers can offer voluntary retirement incentives. You don’t automatically have to accept the offer.

Can I get severance if I’m fired at 65?

Yes. Being 65 or older doesn’t eliminate your severance rights. Depending on your circumstances, you could be entitled to substantial compensation.

Is forced retirement age discrimination in BC?

It can be. Forcing an employee to leave because of their age may violate BC’s Human Rights Code. Limited exceptions apply where an age requirement is legally justified.

Being Forced to Retire in BC? Get Legal Help.

If your employer is pressuring you to retire, changing your job because of your age or threatening to fire you, don’t assume you have to accept it.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees across British Columbia challenge forced retirement, pursue severance pay and protect their workplace rights.

Learn more about workplace human rights in BC.

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