Order in Council 464/2018

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 in preparation for the anticipated federal legalization of recreational cannabis, on December 12, 2017 the Ontario Cannabis Retail Corporation (the Corporation) was established as a corporation without share capital which is a Crown agent for all purposes pursuant to the Ontario Cannabis Retail Corporation Act, 2017;

And Whereas the Corporation will engage in the distribution and retail of cannabis and related products in Ontario, through retail stores and an on-line channel, and promote social responsibility in connection with cannabis;

And Whereas it is expected that that there will be significant movement of staff between the Liquor Control Board of Ontario (LCBO) and the Corporation, including certain LCBO employees who are currently members of the Public Service Pension Plan (PSPP) set out in Schedule 1 as amended under the Public Service Pension Act (PSPA);

And Whereas providing for membership in the PSPP for certain employees of the Corporation is expected to facilitate employee mobility and recruitment;

And Whereas the Lieutenant Governor in Council considers it reasonable and appropriate for the Corporation to enable former employees of the LCBO who are employees of the Corporation to continue to participate in the PSPP and to also enable other employees of the Corporation to join the PSPP;

And Whereas members of the PSPP whose salaries exceed the thresholds set out under the Income Tax Act (Canada) also make contributions to and receive benefits from the Public Service Supplementary Benefits Account that has been continued under Order in Council O.C. 3044/98 as amended by Order in Council O.C. 1905/2009 and as may be further amended from time to time;

Now therefore pursuant to paragraph 2 of subsection 2(1) of the PSPP, effective the January 1, 2018, all permanent full-time employees of the Corporation who hold a position in the human resources department or hold a position with the title Manager (including Store Manager and District Manager), Director, Department Lead, General Manager, General Counsel, Executive Director, Vice President, Senior Vice President, Chief of Staff or Chief Officer are designated as a class of employees who are required to become members of the PSPP;

And pursuant to subsection 2(2) of the PSPP, effective the January 1, 2018, all permanent/fixed-term part-time employees and fixed-term full-time employees of the Corporation who hold a position in the human resources department or hold a position with the title Manager (including Store Manager and District Manager), Director, Department Lead, General Manager, General Counsel, Executive Director, Vice President, Senior Vice President, Chief of Staff or Chief Officer are designated as a class of employees who are entitled to become members of the PSPP upon filing a written election with the Ontario Pension Board;

And further that the OCRC shall be an employer under the PSPP and the PSSBA for the purpose of the employees designated in this Order.