canada – Certain measures affecting the
renewable
energy generation sector
Communication from Canada
The following communication,
dated 5 June 2014, from the delegation of Canada to the delegations of Japan
and the European Union and to the Chairperson of the Dispute Settlement Body,
is circulated at the request of Canada.
_______________
On
24 May 2013, the Dispute Settlement Body ("DSB") adopted
recommendations and rulings in Canada – Certain Measures
Affecting the Renewable Energy Sector (WT/DS412) and Canada – Measures Relating to the Feed-in-Tariff Program
(WT/DS426).
Canada, Japan and the European
Union mutually 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.[1] On 24 March 2014, Canada, Japan and the
European Union mutually agreed to modify the RPT to expire on 5 June 2014 and
agreed on procedures under Articles 21 and 22 of the Dispute Settlement
Understanding to reduce the scope for procedural disputes.[2]
I write to inform you that the
Government of Ontario has complied with the recommendations and rulings of the
DSB in these disputes by:
·
No longer
subjecting large renewable electricity procurements to domestic content
requirements.[3]
·
Significantly lowering
the domestic content requirements for small and microFIT procurement of wind
and solar electricity under the FIT Program.[4]
In addition to the above
measures of compliance, out of an abundance of caution, the Government of
Ontario introduced a bill to amend the governing legislation of the FIT
Program. As a result of the dissolution
of the 40th Parliament of Ontario for General Elections to be held
on 12 June 2014, this bill was terminated.
Canada does not consider this development to affect the status of its
compliance.
On the basis of the measures
taken by the Government of Ontario, Canada considers that it has complied with
the recommendations and rulings of the DSB in these disputes.
I am providing a copy of this
communication to the Chair of the DSB so that it may be circulated to all
Members.
__________
[1] See Canada - Certain Measures Affecting the
Renewable Energy Generation Sector - Agreement under article 21.3(b)
of the DSU, WT/DS412/16, July 31, 2013 and Canada – Measures Relating
to the Feed-in Tariff Program – Agreement under article 21.3(b) of
the DSU, WT/DS426/16, July 31, 2013.
[2] See Canada – Certain Measures affecting the
Renewable Energy Generation Sector - Modification of the Agreement
under Article 21.3(B) of the DSU and Understanding between Japan and Canada
Regarding Procedures under Articles 21 and 22 of the DSU, WT/DS412/18, March
26, 2014 and Canada – Measures Relating to the Feed-In
Tariff Program - Modification of the Agreement under Article 21.3(B)
of the DSU and Understanding Between Canada and the European Union Regarding
Procedures under Articles 21 and 22 of the DSU, WT/DS426/18, March 26, 2014.
[3] As a result
of a Direction of the Minister of Energy of the Province of Ontario, dated 12
June 2013.
[4] See
Direction of the Minister of Energy of the Province of Ontario, dated 16 August
2013.