Ontario’s public universities are applying retirement rules differently, leaving some academic staff with no choice but to retire when they turn 65, and others with the choice to keep working.

When Ontario enacted a ban on mandatory retirement in December 2005, it gave employers until Dec. 12, 2006 to change their policies.

Seven Ontario universities are allowing academic staff turning 65 before the law comes into effect to continue working. Brock and Trent ended mandatory retirement for anyone who turned 65 on or after July 1, 2006. Under Queen’s new policy, anyone who turned 65 on or after May 1 could stay on while Waterloo scrapped mandatory retirement starting June 7. Wilfrid Laurier, Toronto and Lakehead have the most progressive policies, ending mandatory retirement as soon as it was clear the law would pass.

But 10 other universities are waiting until the law takes effect to change their policies, forcing compulsory retirement on academic staff turning 65 this year.

“The Ontario legislature found that forcing people to retire at 65 is discriminatory and a violation of their human rights,” said CAUT president Greg Allain. “If it’s a violation of human rights as of Dec. 12, it is a violation now.

“While some universities recognize this, those that favour mandatory retirement at 65 are waiting until they have no choice but to allow affected staff to continue working with a postponed retirement.”

Ontario universities forcing retirement are Carleton, Guelph, Laurentian, McMaster, Nipissing, Ottawa, Ryerson, Western, Windsor and York.

“It’s disappointing to see that administrators at a majority of Ontario’s universities were unable to find the necessary enlightenment and compassion to accept the reality of the end of mandatory retirement in Ontario,” said Michael Doucet, president of the Ontario Confederation of University Faculty Associations. “My hope is they’ve saved their creative energy for the establishment of effective policies for managing this new reality, including the provision of post-retirement benefits, early retirement incentives and phased retirement programs.”