Mandatory Retirement Age in Ontario: Can You Be Forced to Retire?

For many Ontarians approaching their later working years, one question keeps coming up: Is there a mandatory retirement age in Ontario? The short answer is no — employers generally can’t force you to retire at a certain age. However, there are some important exceptions and legal rights you should understand if you’re nearing retirement or worried about being pushed out of your job.

Is There a Mandatory Retirement Age in Ontario?

There is no general mandatory retirement age. In Ontario, employers can’t legally force employees to retire at 65 or any other age. This protection comes from the Ontario Human Rights Code, which prohibits discrimination based on age.

• Exceptions exist: In rare cases, a retirement age may be permitted if it’s a bona fide occupational requirement (BFOR) — for example, in jobs where safety is critical.

Can a Company Force You to Retire?

The general rule is no — a company can’t force you to retire. If they do, it may amount to:

• Age discrimination under the Ontario Human Rights Code
• Wrongful dismissal if your employment is terminated without proper severance
• Constructive dismissal in Ontario if your employer makes your working conditions intolerable to pressure you into retirement

If this happens, you are entitled to significant severance pay in Ontario.

At What Age Can a Company Force You to Retire?

Outside of special professions where public safety is at stake, no age limit applies. Employers can’t set their own “company retirement age” to remove older employees. Even if a workplace policy says otherwise, it is likely unenforceable.

Forced Retirement in Ontario: What It Looks Like

Sometimes employers won’t say you’re “fired.” Instead, they may:

• Strongly “suggest” retirement
• Reduce your hours or cut your pay
• Change your role to encourage you to leave

These tactics may still be illegal. If your employer is trying to force retirement, speak to an employment lawyer at Samfiru Tumarkin LLP before making any decisions.

Getting Fired Before Retirement

Many employees worry about losing their job just before retirement. Here’s what you need to know:

• You’re still entitled to severance pay, regardless of age, if you’re terminated without cause in Ontario
• Pension and retirement benefits you’ve built up must be protected according to your plan rules
• If termination is tied to age, it is discrimination under the Human Rights Code

What To Do If You’re Being Pressured to Retire

If you feel pushed toward retirement:

• Don’t sign anything right away — especially severance offers or “retirement agreements.”
• Document conversations with your employer where retirement was mentioned.
• Get legal advice quickly — your severance and rights could be worth months or even years of pay.

FAQs About Mandatory Retirement in Ontario

Speak to an Employment Lawyer

If you’re being pressured to retire or terminated because of your age, you don’t have to accept it.

At our firm, we have:

• ⚖️ Settled over 99% of cases quickly through negotiation or mediation
• 💰 Secured millions in compensation
• 📱 Free Termination Consultations — in many, but not all, cases
• ⭐ Earned 3,215 5-star Google reviews (4.7 average)
• 🏆 Recognized as one of Canada’s Best Law Firms (Globe and Mail)

Call us at 1-855-821-5900 or request a consultation online.

Disclaimer: The materials provided above are for general informational purposes only and DO NOT constitute legal advice. For advice specific to your situation, please consult a legal representative at Samfiru Tumarkin LLP.