There are six sections in the Code that have implications for the insurance industry (see Appendix). Section 3 prohibits discrimination in contracts, which would therefore prohibit discrimination in insurance contracts.
Section 5 prohibits discrimination in employment which would include employee benefit plans that relate to insurance.
Section 10 defines the term "group insurance" as a single contract of life insurance or life and disability insurance which insures a number of persons. The contract is between an insurer and an association, employer or other person.
Section 11 prohibits discrimination resulting from the use of a general rule or condition that, although applied to all individuals, might have an indirect or adverse impact on individuals identified by a prohibited ground.
Finally, there are four insurance-related defences (or exemptions) available to respondents under sections 22 and 25 of the Code. The Board of Inquiry in Thornton[2] accepted that the Code sets out the following hierarchy of defences, each with an increasing number of pre-conditions:
[2]Thornton v. North American Life Assurance Co. (No.5) (1992), 17 C.H.R.R. D481 (Ont. B.O.I)