Adapting to an Aging Workforce

On Aug 12, 2026

More Canadians over the age of 65 are continuing to work, whether full time, part time, or through multiple jobs. For employers, this is no longer a temporary trend; it is a workforce shift that is reshaping hiring, workplace policies, accommodations, benefits, and long-term planning. It is also an opportunity to re-think workplace design to ensure facilities provide safety and functionality for older workers.

Statistics Canada reports that 2025 marked the fifth consecutive year of increasing workforce participation among seniors. Participation rates now exceed pre-pandemic levels and are the highest recorded since tracking began in 1976. Approximately two out of five working seniors logged an average of 16 hours per week, and many worked more than one job.

The reasons behind this shift are complex. Older Canadians continue to face rising costs of living, food insecurity, personal debt, and declining access to pension plans. For many, working beyond age 65 is less about choice and more about financial stability.

The Government of Canada’s 2025 Economic Scan for Ontario noted that labour force participation among workers aged 65 and over has risen in recent years as the cost of living has increased. It also highlighted that the proportion of seniors is projected to rise from 18.8 per cent in 2025 to 22.5 per cent in 2035.

For employers, this means older workers will increasingly remain part of the workforce for longer periods of time. Businesses that proactively review their employment practices now will be better positioned to reduce legal risk, support retention, and create stronger workplace cultures moving forward.

This area of employment law can be nuanced because it often requires employers to balance employment standards obligations, human rights protections, benefits considerations, accommodations, and workplace policies simultaneously.

Here are some key considerations when employing older workers:

Age discrimination remains prohibited

Age discrimination is not permitted in hiring, promotions, training opportunities, workplace treatment, or terminations. As older workers remain active in the workforce longer, employers should ensure workplace decisions are based on legitimate business considerations rather than assumptions connected to age.

Mandatory retirement is largely gone

Mandatory retirement has mostly disappeared in Ontario workplaces, subject to limited exceptions that can be difficult to establish legally. The Ontario Human Rights Commission has confirmed that employees over the age of 65 who believe they lost employment because of age may pursue human rights claims based on age discrimination.

Benefits plans require careful review

Benefits and health insurance programs involving employees over age 65 remain legally complex. Differential treatment in benefits plans may create tensions between legislation, insurance structures, and evolving human rights tribunal decisions. Employers should carefully review how their current plans apply to older workers and seek legal advice where needed.

Practical steps employers can take now

One of the best places to start is with a policy review. Employers should ensure workplace policies:

avoid age-based assumptions or language;
are written clearly;
align with current legal requirements; and
reflect how the workplace actually operates today.

Policies worth reviewing may include:

anti-discrimination and human rights policies;
recruitment and hiring policies;
pay equity policies;
accommodation and accessibility policies;
health and safety policies;
leave of absence policies;
training, development, and performance policies;
flexible work and part-time employment policies; and
termination policies.

Workplace culture matters, too

Legal compliance is important, but workplace culture also plays a significant role in reducing risk and improving employee experience. Employers should consider:

encouraging intergenerational collaboration;
addressing ageism proactively;
supporting knowledge sharing between employees; and
ensuring older workers feel included and respected.

Accommodation also remains an important consideration. Appropriate ergonomics, flexible scheduling, technology support, and accessible workplace practices can help employees continue working safely and effectively.

Whether or not your business actively hires employees over 65, there is a growing likelihood that existing employees may continue working beyond traditional retirement age.

With Canada’s aging population and increasing financial pressures on seniors, employers who proactively assess their workplace policies, benefits structures, accommodations, and employment practices now will be far better positioned to reduce risk and support a stable workforce moving forward. A proactive review today can help prevent costly disputes, human rights complaints, and policy gaps tomorrow.

Creating Work Spaces for an Older Labour Force

When designing for older adults, incorporating principles from inclusive and neurodiversity-focused design is a great starting point. It is essential to get a good brief from your clients or the buildings’ potential tenants, so you understand what is unique to their workplaces and the relevant design demands.

For starters, your facility can provide:

variable lighting that allows for brighter spaces when eyesight diminishes;
wide traffic areas, free of clutter and accessible design to allow for mobility aids;
assistive technology that provides voice options or alternatives to traditional keyboards, and mouse setups for computers with appropriate acoustic controls in office spaces;
private bathrooms;
different workspaces and furniture that allow for postural changes, such as standing, sitting and comfort;
break rooms; and
high contrast markings along stairs.

Shannon Baker is a Litigation Law Clerk at SpringLaw with 20-plus years of experience, specializing in employment law. An early adopter in virtual law clerking, she previously ran her own business supporting international lawyers. Her expertise in legal tech and writing contributed to a company’s IPO. Shannon is also a visual artist who combines analytical precision with creativity. She holds an ILCO certification, an Honours B.A. in Art History and a Diploma in Interior Design.