s.24 — Special employment

24 (1) The right under section 5 to equal treatment with respect to employment is not infringed where, (a) a religious, philanthropic, educational, fraternal or social institution or organization that is primarily engaged in serving the interests of persons identified by their race, ancestry, place of origin, colour, ethnic origin, creed, sex, age, marital status or disability employs only, or gives preference in employment to, persons similarly identified if the qualification is a reasonable and bona fide qualification because of the nature of the employment; (b) the discrimination in employment is for reasons of age, sex, record of offences or marital status if the age, sex, record of offences or marital status of the applicant is a reasonable and bona fide qualification because of the nature of the employment; (c) an individual person refuses to employ another for reasons of any prohibited ground of discrimination in section 5, where the primary duty of the employment is attending to the medical or personal needs of the person or of an ill child or an aged, infirm or ill spouse or other relative of the person; (d) an employer grants or withholds employment or advancement in employment to a person who is the spouse, child or parent of the employer or an employee; (e) a judge is required to retire or cease to continue in office on reaching a specified age under the Courts of Justice Act; (f) an associate judge is required to retire on reaching a specified age under the Courts of Justice Act; (g) the term of reappointment of an associate judge expires on the associate judge reaching a specified age under the Courts of Justice Act; or (h) a justice of the peace is required to retire on reaching a specified age under the Justices of the Peace Act.  ; ; ; ; ; ; ; ; (2) No tribunal or court shall find that a qualification under clause (1) (b) is reasonable and bona fide unless it is satisfied that the circumstances of the person cannot be accommodated without undue hardship on the person responsible for accommodating those circumstances considering the cost, outside sources of funding, if any, and health and safety requirements, if any.  ; ; ; (3) In determining for the purposes of subsection (2) whether there would be undue hardship, a tribunal or court shall consider any standards prescribed by the regulations. (4) Clauses 24 (1) (e), (f), (g) and (h) shall not be interpreted to suggest that a judge, associate judge or justice of the peace is an employee for the purposes of this Act or any other Act or law.  ; ;