Rental agencies may have to justify age rules
Human rights code changes target discrimination
Proposed changes to Alberta’s human rights code aim to prevent age discrimination — and the move could push consumers to challenge restrictions on certain activities, such as renting a car.
“There is a possibility to still defend an age distinction,” Justice Minister Kathleen Ganley said Thursday, adding companies would need to make a legal argument should their policies be challenged.
“If they’re able to justify it, it’s fine; if not, it would be a discriminatory rule,” she said.
In Alberta, car rental agencies only rent to drivers older than 21. Enterprise, for example, charges drivers between the age of 21 and 24 a “young renter fee,” according to the company website. It costs about $20 per day.
Ganley said new legislation introduced Wednesday — the Alberta Human Rights Amendment Act, 2017 — brings the province in line with most other Canadian jurisdictions.
“(Rental agencies) are managing to operate there, so presumably it would be a similar principle,” she said.
Bill 23 stems from a Court of Queen’ s Bench court order on Jan .6, 2017, that gave the government one year to add age as a prohibited reason for discrimination into specific sections of the human rights code. The proposed amendments relate to two sections focusing on tenancy, as well as goods, services, accommodation and facilities.
But Section 11 in the code explains the act can be contravened if it’s found “reasonable and justifiable in the circumstances.”
A spokesman for Associated Canadian Car Rental Operators, which advocates for Canada’s car and truck rental industry, said he’s reviewing the legislation.
“Our industry will adapt to whatever the environment is and we’re there to service our customers,” Craig Hirota, vice-president of government relations and member services, said Thursday.
Bruce Cran, spokesman for Consumers’ Association of Canada, said he’s taking a “wait-and-see approach” on the new rules.
“It’s a good thing for consumers,” he said. “As far as we can see, this should eliminate discrimination on age for pretty much everything. And that would include types of insurance, car rentals and anything else that comes up.”
If passed, the proposed legislation would take effect Jan. 1. It also bans adults-only buildings and includes specific exemptions, such as seniors-only housing.