canada - Certain measures affecting the renewable
energy generation sector

Canada – measures relating to the feed-in tariff program

Status Report by Canada

The following communication, dated 13 February 2014, from the delegation of Canada to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

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Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

Canada – Certain Measures Affecting the Renewable

Energy Generation Sector (WT/DS412) and
Canada – Measures Relating to the Feed-In Tariff Program (WT/DS426)

Canada submits this report in accordance with Article 21.6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

On 24 May 2013, the Dispute Settlement Body ("DSB") adopted its recommendations and rulings in Canada – Certain Measures Affecting the Renewable Energy Generation Sector (WT/DS412) and Canada – Measures Relating to the Feed-in Tariff Program (WT/DS426). At the following DSB meeting, Canada informed the DSB of its intention to implement the recommendations and rulings of the DSB in connection with this matter.

Canada, Japan and the European Union ("EU") agreed that the reasonable period of time ("RPT") for Canada to implement the recommendations and rulings of the DSB would end on 24 March 2014, and jointly notified the DSB of this agreement on 29 July 2013.^[1]

On 12 June 2013, the Minister of Energy of the Province of Ontario issued a Ministerial Directive stipulating that large procurements under the Feed-In Tariff ("FIT") Program will be replaced with a new competitive procurement process through requests for proposal. As a result, large wind and solar electricity procurement are no longer subject to the domestic content requirements of the FIT Program.

On 16 August 2013, the Minister of Energy of the Province of Ontario issued a Ministerial Directive to significantly lower the domestic content requirements for procurement of wind and solar electricity under the FIT Program.

On 11 December 2013, the Government of Ontario tabled legislation (Bill 153 – Complying with International Trade Obligations Act, 2013) to remove domestic content requirements from the FIT program.

Canada will continue to work to implement the recommendations and rulings of the DSB by the end of the RPT.

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