Order in Council 1249/2023

On the recommendation of the undersigned, the Lieutenant Governor of Ontario, by and with the advice and concurrence of the Executive Council of Ontario, orders that:

Whereas Legal Aid Ontario is established as a corporation without share capital accountable to the Government of Ontario as set out under the Legal Aid Services Act, 2020, S.O. 2020, c. 11, Sched. 15;

And whereas Legal Aid Ontario is the sponsor and administrator of a single employer, hybrid pension plan;

And whereas Legal Aid Ontario has requested to be designated as a participating employer in the Public Service Pension Plan set out in Schedule 1, as amended, to the Public Service Pension Act, 1989 (PSPP);

And whereas Legal Aid Ontario acknowledges that it does not have the authority to change the terms of the PSPP; that the Lieutenant Governor in Council in its sole discretion can change the terms of the PSPP; that such changes by the Lieutenant Governor in Council may impact Legal Aid Ontario and its employees; and that Legal Aid Ontario will be responsible for all liabilities associated with the participation of its current and former employees in the PSPP;

And whereas the Lieutenant Governor in Council considers it reasonable and appropriate for Legal Aid Ontario to join as a participating employer in the PSPP and for eligible employees of Legal Aid Ontario, who are also not represented by OPSEU, to join the PSPP;

And whereas members of the PSPP whose pension benefits under the PSPP exceed the maximum pension benefits permitted under the Income Tax Act (Canada) in respect of registered pension plans also participate in the Retirement Compensation Arrangement established under Order in Council O.C. 1298/2021;

Therefore, pursuant to:

1. paragraph 2 of subsection 2(1) of the PSPP, all permanent full-time and permanent part-time employees of Legal Aid Ontario who are not represented by OPSEU are designated as a class of employees who are required to become members of the PSPP, in respect of service with Legal Aid Ontario on and after September 25, 2023; and
2. subparagraph 1(b) of subsection 2(2) of the PSPP, all fixed-term full-time and fixed-term part- time employees of Legal Aid Ontario who are not represented by OPSEU are designated as a class of employees who are entitled but not required to become members of the PSPP, in respect of service with Legal Aid Ontario on and after September 25, 2023, and shall, upon filing a written election with the Ontario Pension Board, become members of the PSPP;

And further that Legal Aid Ontario shall be an employer under the PSPP for the purpose of the employees designated in this Order.