Order in Council 902/2025

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 pursuant to the Ontario Forest Tenure Modernization Act, 2011, S.O. 2011, c. 10, (the “Act”) the Lieutenant Governor in Council may, by regulation under the Act, on the recommendation of the Minister of Natural Resources or such other member of the Executive Council to whom the responsibility for the administration of the Act may be assigned or transferred, establish Ontario local forest management corporations (LFMCs) as corporations without share capital;

And whereas Nawiinginokiima Forest Management Corporation (“NFMC”) is an LFMC established as a corporation without share capital on May 29, 2012, pursuant to section 1 of the Ontario Regulation 111/12 made under the Act;

And whereas Temagami Forest Management Corporation (“TFMC”) is an LFMC established as a corporation without share capital on December 15, 2020, pursuant to section 1.1 of the Ontario Regulation 111/12 made under the Act;

And whereas NFMC and TFMC are Crown agents established pursuant to the Act;

And whereas it is expected that persons with credit in the Public Service Pension Plan set out in Schedule 1, as amended, to the Public Service Pension Act, 1989 (the “PSPP”) and persons with credit in the Ontario Public Service Employees’ Union Pension Plan (the “OPSEU Pension Plan”) may become employed by NFMC or TFMC;

And whereas the Lieutenant Governor in Council considers it reasonable and appropriate to permit persons who become employed by NFMC or TFMC and who had also commenced employment prior to January 1, 2017 with an employer participating in the PSPP or the OPSEU Pension Plan with whom credit has been counted for the purposes of determining eligibility for post-retirement insured benefits under Order in Council O.C. 1933/2016, to retain the ability to have their credit counted for the purposes of determining whether they meet the eligibility requirements set out in subsection 2(1) of that Order in Council in respect of their employment with NFMC or TFMC;

And whereas the Lieutenant Governor in Council considers it reasonable and appropriate to permit other employees of NFMC or TFMC to have the ability, at retirement, to enrol in the alternative post-retirement benefits plan described in section 7 of Order in Council O.C. 1933/2016 on condition of paying one hundred per cent (100%) of the premium costs of the benefits, provided they have met the eligibility criteria set out in subsection 8(1) of Order in Council O.C. 1933/2016;

Now therefore, pursuant to the prerogative of His Majesty The King in Right of Ontario and the Crown’s natural person powers at common law to provide for post-retirement insured benefits in the discharge of the Government of Ontario’s executive functions and responsibilities:

Despite any limitation set out in Orders in Council O.C. 1100/2015, O.C. 953/2013 and subsection 2(2) or 8(4) of Order in Council O.C. 1933/2016:

1. For the purpose of determining whether a person is an “eligible person” under subsection 2(1) of Order in Council O.C. 1933/2016, the periods of credit under the PSPP and the OPSEU Pension Plan in respect of employment at NFMC or TFMC, or that are purchased or transferred while employed by NFMC or TFMC, shall be counted if that person commenced employment prior to January 1, 2017 with an employer with whom credit is counted for the purposes of determining eligibility under Order in Council O.C. 1933/2016.
2. For the purpose of determining whether a person meets the eligibility criteria set out in subsection 8(1) of Order in Council O.C. 1933/2016 for enrolment in the alternative post-retirement benefits plan on condition of paying one hundred per cent (100%) of the premium costs of the benefits, the periods of credit under the PSPP and the OPSEU Pension Plan in respect of employment at NFMC or TFMC, or that are purchased or transferred while employed by NFMC or TFMC, shall be counted as though it was an organization listed in Schedule A to either Order in Council O.C. 1100/2015 or Order in Council O.C. 953/2013, as applicable, subject to the same limits with respect to the purchase of prior credit in respect of previous employment at another organization not listed in schedule A and was participating in the PSPP and the OPSEU Pension Plan.